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, THURSDAY, DECEMBER 20, 2012 No. 165 House of Representatives The House met at noon and was Pursuant to clause 1, rule I, the Jour- That the Senate passed S. 3202. called to order by the Speaker pro tem- nal stands approved. That the Senate passed S. 3698. pore (Mr. DOLD). Appointments: f United States-China Economic Security f PLEDGE OF ALLEGIANCE Review Commission. DESIGNATION OF THE SPEAKER With best wishes, I am The SPEAKER pro tempore. Will the Sincerely, PRO TEMPORE gentlewoman from Kansas (Ms. JEN- KAREN L. HAAS. The SPEAKER pro tempore laid be- KINS) come forward and lead the House fore the House the following commu- in the Pledge of Allegiance. f nication from the Speaker: Ms. JENKINS led the Pledge of Alle- WASHINGTON, DC, giance as follows: ANNOUNCEMENT BY THE SPEAKER December 20, 2012. I pledge allegiance to the Flag of the PRO TEMPORE I hereby appoint the Honorable ROBERT J. United States of America, and to the Repub- The SPEAKER pro tempore. The DOLD to act as Speaker pro tempore on this lic for which it stands, one nation under God, Chair will entertain up to 15 requests day. indivisible, with liberty and justice for all. JOHN A. BOEHNER, for 1-minute speeches on each side of Speaker of the House of Representatives. f the aisle. f COMMUNICATION FROM THE CLERK OF THE HOUSE f PRAYER The SPEAKER pro tempore laid be- ESTATE TAX The Chaplain, the Reverend Patrick fore the House the following commu- J. Conroy, offered the following prayer: nication from the Clerk of the House of (Ms. JENKINS asked and was given Loving and gracious God, we give Representatives: permission to address the House for 1 You thanks for giving us another day. OFFICE OF THE CLERK, minute and to revise and extend her re- We ask today that You bless the HOUSE OF REPRESENTATIVES, marks.) Members of the people’s House to be Washington, DC, December 20, 2012. Ms. JENKINS. Growing up on a Kan- the best and most faithful servants of Hon. JOHN A. BOEHNER, sas dairy farm, I know the estate tax is the people they serve. The Speaker, House of Representatives, Wash- a threat to family farms. This tax On this day, Congress honors the life ington, DC. makes bailing hay and shoveling ma- of Senator Daniel Inouye, who lies in DEAR MR. SPEAKER: Pursuant to the per- nure sound like a get-rich-quick state in the rotunda. He was the first mission granted in Clause 2(h) of Rule II of scheme, when most family farms make to serve his State in this assembly. He the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- an average of $45,000 a year. Raising served his country for decades as a true sage from the Secretary of the Senate on De- the estate tax to 55 percent and drop- patriot, soldier, legislator, statesman, cember 20, 2012 at 10:02 a.m.: ping the exemption to $1 million might and gentleman—always thousands of That the Senate passed without amend- be feasible for a hedge fund manager, miles from his own home. ment H.R. 3477. but it will jeopardize the future of Endow the Members of this assembly That the Senate passed without amend- farmers and their families, forcing with a measure of the courage, integ- ment H.R. 3870. many to sell their farms they worked rity, and loyalty of such an exemplar That the Senate passed without amend- to build for generations. of public service. ment H.R. 3912. That the Senate passed without amend- Many farmers are ‘‘land rich’’ but And may all that is done this day in ment H.R. 5738. ‘‘cash poor.’’ The average land value the people’s House be for Your greater That the Senate passed without amend- for 65,000 Kansas farms is $900,000. honor and glory. ment H.R. 5837. Throw in a $300,000 combine, a $250,000 Amen. That the Senate passed without amend- tractor, and Kansas farmers are sud- ment H.R. 5954. f denly millionaires according to estate That the Senate passed without amend- tax math. But this isn’t wealth they THE JOURNAL ment H.R. 4057. can use to pay taxes. It’s in assets. That the Senate passed without amend- The SPEAKER pro tempore. The ment H.R. 6029. Farmers provide us with a safe and Chair has examined the Journal of the That the Senate passed S. 3630. dependable food supply. We cannot last day’s proceedings and announces That the Senate passed S. 3662. allow the estate tax to put them out of to the House his approval thereof. That the Senate passed S. 2318. business.

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 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7362 CONGRESSIONAL RECORD — HOUSE December 20, 2012 NO JUSTIFICATION TO CUT SOCIAL Ms. JACKSON LEE of Texas. Senator In conclusion, God bless our troops, SECURITY BENEFITS Inouye lies in state this morning. But and we will never forget September the (Mr. KUCINICH asked and was given as a young lieutenant platoon leader 11th in the global war on terrorism. permission to address the House for 1 on a battlefield in Italy, even after f being shot in the stomach by German minute and to revise and extend his re- GREAT LAKES RESTORATION machine-gun fire, he refused medical marks.) INITIATIVE treatment and still managed to find Mr. KUCINICH. Will seniors be (Mr. HIGGINS asked and was given pushed off the fiscal cliff? the courage to destroy two machine- gun posts. Nearly losing consciousness permission to address the House for 1 Social Security did not cause the def- minute.) icit, but the White House’s plan to from blood loss, he heroically charged a third machine-gun nest before having Mr. HIGGINS. Mr. Speaker, the lower Social Security cost-of-living Great Lakes are our Nation’s greatest benefits could eventually reduce sen- his right arm severed by a German gre- nade. Somehow, even after those grave natural resource. They are the source iors’ annual benefits by hundreds of of 95 percent of our surface freshwater injuries, Daniel Inouye still found a dollars. The gimmick is called the and are directly connected to 1.5 mil- way to toss a grenade that destroyed chained Consumer Price Index. The lion jobs. chained CPI works this way: the third bunker. Though efforts to protect and restore What an American. What a man who As the cost of living goes up, seniors the Great Lakes have made great loved this country and stood for the inevitably turn to cheaper alter- strides over the past several decades, natives. For example, if seniors eat values of diversity. He loved the inde- many challenges remain. Invasive spe- steak, but then can’t afford its higher pendence of the Congress, and he cies, pollution, and habitat loss in the price, they can switch to something fought for it in the strength of our de- Great Lakes have a negative effect on cheaper—like cat food. The cost of liv- mocracy and the values of America. recreation and tourism, as well as on ing calculation would chain to the His words were this: the general economy. cheaper item—cat food. So the less you I represented the people of Hawaii and this I was pleased to sign a bipartisan let- Nation honestly and to the best of my abil- ter along with other Members of the pay for food, the less benefits you get. ity. I think I did okay. The chained CPI benefit cut will House to request at least $300 million To the Senator and your family, you chain aging seniors to a poverty of for the Great Lakes Restoration Initia- did more than okay. To the Asian choices, a lower standard of living with tive in the President’s fiscal year 2014 American community in Houston, cheaper products. The chained CPI for- budget. Texas, and all of Texas, I want you to mula doesn’t take into account seniors’ Mr. Speaker, the Great Lakes Res- note this hero spoke volumes for what rising health care costs. If it did, bene- toration Initiative has been invaluable America is all about, that no matter fits would go up. in efforts to protect and restore the where we’ve come from, we can stand There is no justification to cut Social Great Lakes. I strongly encourage the equally under the sun. President and my colleagues in Con- Security benefits. ‘‘No’’ to throwing He thought of that and his beloved gress to ensure that it is fully funded seniors off the fiscal cliff. ‘‘No’’ to a Hawaii as his final words, not only in going forward. cat food Christmas. representing Hawaii—‘‘aloha’’—but to f f America. Senator, we love you, and good-bye. FISCAL CLIFF DEMANDING THE TRUTH What a great champion, a great war- (Mr. PALAZZO asked and was given (Mr. JOHNSON of Ohio asked and rior for peace, and one who represented permission to address the House for 1 was given permission to address the all of us so well. minute and to revise and extend his re- House for 1 minute and to revise and f marks.) extend his remarks.) Mr. PALAZZO. Mr. Speaker, today, Mr. JOHNSON of Ohio. Mr. Speaker, b 1210 this body will take up legislation that just over 100 days ago, four Americans SUCCESS WITH THE NATIONAL will cut spending, replace the dan- were murdered in cold blood during co- DEFENSE AUTHORIZATION ACT gerous defense sequester, and protect ordinated terrorist attacks on the U.S. (Mr. WILSON of South Carolina millions from the biggest tax hike our consulate in Benghazi, Libya. These at- asked and was given permission to ad- country has ever seen. This is a good tacks were premeditated acts of war on dress the House for 1 minute and to re- first step. The costs are simply too America and the American way of life, vise and extend his remarks.) high to go over the fiscal cliff. committed by terrorists with ties to al Mr. WILSON of South Carolina. Mr. Earlier this week, the CPA Caucus Qaeda. Speaker, today, the House will vote on met with former Comptroller David This week, the Obama administra- the National Defense Authorization Walker to discuss what we truly need for meaningful, long-term reform. tion released a report as to exactly Act for 2013. Congratulations to House Walker proposed six basic principles what happened surrounding these ter- Armed Services Committee Chairman that I want to share with this body rorist attacks. This report confirmed BUCK MCKEON and committee staff di- what we already knew: there was no today: rector Bob Simmons for their leader- 1. Pro-Growth. Truly pro-growth protest outside the consulate on Sep- ship with this legislation promoting tember 11. It also cites systemic fail- policies will empower our small busi- peace through strength. nesses rather than strangle them with ures in Embassy security, putting in Our brave men and women in uni- danger the lives of every person at the taxes and regulations at every turn. form, their families, and our veterans 2. Socially equitable. We’re in this compound in Benghazi. have earned the support and care they This report is an important step to- together, and we cannot expect one in- deserve by dedicating their lives to come bracket to bear the burden of wards stopping another attack on keep American families safe. The pas- America and American initiates over- solving all of our problems. sage of today’s bill will provide for a 1.7 3. Culturally acceptable. We need the seas. But one thing remains clear: seri- percent troop pay increase, controlled support and backing of the American ous mistakes were made by senior offi- copay rate increases for TRICARE people to enact good solutions. cials here in Washington. Those mis- beneficiaries, and institute new proce- 4. Mathematically possible. We can- takes cost American lives. There must dures and regulations to combat and not continue to ignore the bottom line. be accountability. prosecute sexual assault within the I’m a CPA. To me, it’s obvious that we f military. have to balance our books. It is my hope that this legislation 5. Politically feasible. Our solutions REMEMBERING SENATOR DANIEL will pass the House overwhelmingly won’t always be perfect, but they have INOUYE this evening, receive full support in the to be proposals both sides can agree on. (Ms. JACKSON LEE of Texas asked Senate, and promptly arrive on the 6. Bipartisan support. We can agree and was given permission to address President’s desk for his signature. Our to disagree on certain matters, but we the House for 1 minute.) national security depends on it. must still work together.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7363 These six principles can be our bridge to address the House for 1 minute and PLAN B forward. to revise and extend her remarks.) (Ms. LEE of California asked and was f Ms. LORETTA SANCHEZ of Cali- given permission to address the House fornia. Mr. Speaker, down here in the HONORING NEW MEXICO SPEAKER for 1 minute.) well sometimes when you hear what we OF THE HOUSE BEN LUJA´ N Ms. LEE of California. Mr. Speaker, I all say to each other you might think rise in strong opposition to the Repub- (Mr. HEINRICH asked and was given that we are not a very friendly bunch lican so-called ‘‘Plan B’’ bill. Not only permission to address the House for 1 towards each other, but I want to let minute.) would it not address the so-called fiscal people know today that we actually cliff—it’s really a human cliff—but it’s Mr. HEINRICH. Mr. Speaker, I rise have a lot of friendships here on this today to honor one of New Mexico’s a pure political gimmick to distract floor. I’m going to take the time this from the Republicans’ failure to nego- great leaders, New Mexico Speaker of week before we break for Christmas to the House Ben Luja´ n, who passed away tiate in good faith. say goodbye to some of my friends who Mr. Speaker, we cannot grow our Tuesday night after his battle with are leaving from Congress—especially lung cancer. Speaker Luja´ n is the fa- economy or reduce our deficits by mak- from the Democratic side, but I have a ing even more cuts on the backs of ther of our colleague, and my friend, particularly good friend on the other Congressman BEN RAY LUJA´ N. children, veterans, our seniors, our dis- side, Congressman ELTON GALLEGLY. First elected to the State legislature abled, and the millions of Americans in He has had a congressional career in 1974, Ben Luja´ n served as speaker of poverty. Low-income and middle-in- here for 25 years. He’s been a leader the house from 2001 until 2012. come Americans have already been and a fierce defender of animal rights. Throughout his tenure in the House, slammed by $1.5 trillion in cuts to the With the successful passage of legisla- Speaker Luja´ n showed that he was a safety net, mind you, that they rely on tion that he recently sponsored, the champion for working families, a tire- every day. creation and the sale of videos depict- less advocate for his constituents, and A fiscally responsible and balanced ing the torture of animals is forever il- an absolute master of legislative strat- approach would be to immediately pass legal. Animal lovers across the country egy. the $1.5 trillion in new revenue to At the beginning of this year, when are thankful for his leadership on that. match the cuts that we’ve already Speaker Luja´ n spoke to the legislature Though ELTON and I a lot of times made, while protecting middle class of his battle with cancer, he encour- disagree on a lot of things politically, tax cuts. aged everyone to make their time on we’ve become very close friends over Mr. Speaker, 98 percent of the Amer- Earth worthwhile and to ‘‘make a dif- the years. I have sought his guidance ican people have already paid their fair ference for the children, our working on many issues here, on foreign affairs, share; it’s time for the wealthiest 2 families, and for the elderly.’’ Speaker on transportation, and even on some percent to do the same. Let’s not for- Luja´ n has inspired me and so many outside things, outside of this, maybe get the over 2 million who will lose New Mexicans to do just that. Our good even in my own personal life. their unemployment benefits December thoughts and prayers are with his wife So I want to thank him for being a 29. Mr. Speaker, please don’t let them good friend. I wish him a lot of luck in Carmen, with BEN RAY, and with the fall off this human cliff during this hol- rest of the Luja´ n family. his next chapter of his life, and I just iday season. We should extend this want to tell him that I will miss him. f today. f BALANCING THE BUDGET f HONORING JAY PIERSON (Mr. DESJARLAIS asked and was b 1220 (Mr. GINGREY of Georgia asked and given permission to address the House THE FISCAL CLIFF for 1 minute and to revise and extend was given permission to address the (Mr. BROUN of Georgia asked and his remarks.) House for 1 minute and to revise and was given permission to address the Mr. DESJARLAIS. Mr. Speaker, it extend his remarks.) seems there are those who still fail to Mr. GINGREY of Georgia. Mr. Speak- House for 1 minute and to revise and realize that we cannot continue down er, I rise today to honor the distin- extend his remarks.) this road of fiscal insanity. It isn’t pol- guished career of someone who is a Mr. BROUN of Georgia. Mr. Speaker, itics; it’s math. Our spending is simply friend to me and my colleagues, and we’ve reached the fiscal cliff not be- unsustainable, yet we have not seen a that’s Jay Pierson. cause we tax too little, but because we serious proposal from the White House For 34 years, Jay has been a main- spend too much. We are focusing on to address our trillion-dollar deficits. stay of the House and the floor. He whom to raise taxes and by how much. The President thinks the answer is began his congressional career back in This debate really should be about out- more taxes. But while the tax increases 1978 with then-Republican leader John rageous spending. President Obama is calling for would Rhodes. Throughout his tenure, he has Many people believe that what’s hap- hurt small businesses, they would have worked for Speakers Newt Gingrich, pening in Greece cannot happen in the little effect in reducing our deficits. Dennis Hastert, and now JOHN BOEH- United States. But think about it, That is because our debt is being driv- NER. Greece kept borrowing and spending en by spending, plain and simple. Since I came to the House in 2003, I until eventually they couldn’t pay Therefore, to solve our problem, we have known Jay to be a true student of their public workers, take care of the must implement serious spending cuts this institution. He has helped me per- elderly and the poor, or deliver any of and reforms. sonally—and countless other Mem- the services they promised to its peo- The good news is this isn’t hard to bers—learn how this body works, and ple. The United States is headed down do; we just have to look at the amount he has been quick to assist a Member the very same path. of revenue coming in and not spend with any question about the floor, or We’ll be right back here having this more than that. Rather than spending even a good book recommendation. same debate very soon if we don’t cut more than we can afford, we must Mr. Speaker, what most people may spending. Instead of discussing taxing prioritize our spending. Hundreds of not know about Jay is that, in addition the top 2 percent, the next time it will millions of Americans do this every to a bachelor’s degree from Westmont be the top 50 percent, and so on, until day. If my constituents in Tennessee College and a master’s degree from we are all being taxed—everyone—but can balance their budgets, so can California State University, he earned spending so much that we still cannot Washington. his Ph.D. from the University of Mary- meet our obligations. f land. This debate should be about spend- In his upcoming retirement, I want ing, not taxes, so that we can give the HONORING REPRESENTATIVE to thank Jay for his service to this American people what they want—a ELTON GALLEGLY great institution. I wish he and his strong economy and a guarantee that (Ms. LORETTA SANCHEZ of Cali- wife, JoAnne, all the best in their fu- programs like Social Security and fornia asked and was given permission ture endeavors. My friend, Jay Pierson. Medicare will remain intact.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7364 CONGRESSIONAL RECORD — HOUSE December 20, 2012 PLAN B HURTS EVERYBODY minute and to revise and extend her re- SKI, for her ascension to the chair of (Mrs. CHRISTENSEN asked and was marks.) the Senate Appropriations Committee. given permission to address the House Mrs. CAPPS. Mr. Speaker, I rise to Senator MIKULSKI’s commitment to our for 1 minute and to revise and extend express my disappointment that House great State is undeniable. She has her remarks.) leadership is again playing political worked tirelessly throughout her pres- Mrs. CHRISTENSEN. Mr. Speaker, as games instead of getting our work tigious career to serve her fellow Mary- if the Speaker’s Plan B were not bad done. With time running short, they’ve landers, first as a social worker, and enough—not extending unemployment decided to prohibit a vote on extending now as one of the most influential benefits or fixing the SGR so seniors the middle class tax cuts for families Members of the United States Senate. would continue to have their doctors, making up to $250,000 per year. Instead, Senator MIKULSKI is a leader that killing jobs, again threatening the full we will only be voting on the so-called Maryland and, truly, our Nation, can faith and credit of our country, and Republican Plan B. be proud of. She was the first woman leaving the sequester cuts in place— Plan B is yet another giveaway to elected to the Senate who was not pre- last night the Republicans dug up the the wealthiest 1 percent of Americans ceded by her husband or father and has horrible reconciliation bill that they and at the expense of middle class fam- continued breaking barriers ever since. pushed through this House in May. ilies. It forces middle class families to This trend continued yesterday when They should have left it over in the pay $1,000 more a year in taxes in order she became the very first female Sen- Senate where it went to die a timely to give millionaires a $50,000 break. ator in the history of our Nation to be- death. That’s not what the American people come the chair of the powerful Appro- The reconciliation bill they will put voted for in November. They sent a priations Committee. up with it for a revote today is like clear message that they wanted us to I’m honored and proud to serve Plan B, just worse. It will cut food put aside our differences and work to- alongside her here in the United States stamps, eliminate the social services gether to pass a balanced plan that Congress, and I look forward to con- block grants, and weaken the consumer protects middle class families and en- tinuing to work together with her for protections that we put in place. They sures that everyone pays their fair the betterment of our Nation. can’t help themselves. They’ll make share. f one more attempt to roll back much of We agree. We all agree that families NEWTOWN, CONNECTICUT, AND the Affordable Care Act, including re- making up to $250,000 should not see GUN SAFETY REFORMS pealing the public health fund and their taxes go up on January 1. We (Mr. MORAN asked and was given funding for the exchanges, cutting the could pass that bill today and give mil- permission to address the House for 1 children’s health insurance program, lions of families across this country minute and to revise and extend his re- and taking away all of the Medicaid peace of mind, but we’re not even get- marks.) funding that was provided for the terri- ting to vote on that bill. Instead, we’re Mr. MORAN. Mr. Speaker, I rise tories. taking a symbolic vote that solves today, first of all, to express my deep- Either way, these bills would hurt nothing. My constituents—all of our est condolences to the families and many people—poor, middle class Amer- constituents—deserve better. friends of those killed in last week’s icans, children and seniors, all to save f tragic elementary school shooting in tax cuts for the wealthy. On November HONORING THE LIFE OF LEONILA Newtown, Connecticut. 6, Americans voted for us to work to- VEGA But this incomprehensible act of vio- gether to strengthen our country, not ´ lence should compel us to address the weaken it. These highly partisan bills (Ms. LINDA T. SANCHEZ of Cali- larger context. It is a fact that over will hurt our country, and no one fornia asked and was given permission 10,000 Americans are murdered by gun should vote for either of them. to address the House for 1 minute and to revise and extend her remarks.) violence each year. No other civilized f Ms. LINDA T. SA´ NCHEZ of Cali- nation on the planet experiences any- AVOIDING THE FISCAL CLIFF fornia. Mr. Speaker, today I come to thing like this annual gun slaughter, (Ms. EDDIE BERNICE JOHNSON of the floor to honor Leonila Vega, a fero- but we have 5 percent of the population Texas asked and was given permission cious advocate for seniors and people and own 50 percent of the world’s guns. to address the House for 1 minute.) with disabilities. In her role as the ex- Now, the needed reforms are not rad- Ms. EDDIE BERNICE JOHNSON of ecutive director of the Direct Care Al- ical. Many, including closing the gun Texas. Mr. Speaker, I wonder if any- liance, I worked closely with her to im- show loophole and requiring gun own- body is listening. The message from prove the conditions of work for those ers to report to police lost or stolen the American people is loud and clear: who provide in-home care and, with it, guns, are even supported by the vast extend the middle class tax cuts now. the quality of care that they provide majority of NRA members. It would be Republican leadership is holding hos- for others. far too simplistic and self-serving, tage tax cuts for 98 percent of Ameri- Although she lost her battle with though, to lay the blame for this inac- cans and 97 percent of small businesses cancer on November 19, the battle she tion on the most commonsense meas- to give more tax breaks to the wealthi- waged for quality care and dignity for ures entirely at the feet of the NRA, est Americans. Democratic Members of workers continues. which we’re inclined to do because the Congress have commonsense solutions, I cannot adequately describe all of truth is that we, as the representatives and we can’t wait around any longer as her accomplishments in one short of the people, are the ones who are ulti- real proposals languish while the House minute, so I’m submitting a longer mately responsible for doing nothing to GOP gets its act together. statement for the RECORD. But I do protect our constituents. I, along with 181 of my colleagues, hope that in honoring her today and The fact is that if we don’t take ac- have signed the discharge petition to talking about her passion, I hope that tion now, we’re all complicit in the automatically bring to the House floor her passion for social justice is an in- next massacre of innocents. the Senate-passed middle class tax cuts spiration to all of us. f which the President has said he will f b 1230 sign immediately. This could be an op- RECOGNIZING THE ACHIEVEMENTS PROVIDING FOR CONSIDERATION portunity for us to work together, re- OF SENATOR BARBARA A. MI- OF CONFERENCE REPORT ON solve some of our differences, and offer KULSKI H.R. 4310, NATIONAL DEFENSE the American people the kind of Con- AUTHORIZATION ACT FOR FIS- gress they want: working together. (Mr. CUMMINGS asked and was CAL YEAR 2013 f given permission to address the House for 1 minute.) Mr. BISHOP of Utah. Mr. Speaker, by TAXES Mr. CUMMINGS. Today, I am incred- direction of the Committee on Rules, I (Mrs. CAPPS asked and was given ibly pleased to congratulate my dear call up House Resolution 840 and ask permission to address the House for 1 colleague, Senator BARBARA A. MIKUL- for its immediate consideration.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7365 The Clerk read the resolution, as fol- passed, in a bipartisan way, this bill in here to do more than just destroy lows: back in May. The Senate has finally our domestic tranquility, but also to H. RES. 840 decided to pass the bill in December. take down and harm the lives of Amer- Resolved, That upon adoption of this reso- That the Senate has passed a bill is icans. It seems some things never lution it shall be in order to consider the commendable. It is unusual, but it is change. conference report to accompany the bill also commendable. The fact that they But the Articles of Confederation and (H.R. 4310) to authorize appropriations for have done this here gives us an oppor- Congress could not respond to this. fiscal year 2013 for military activities of the tunity of passing one of the few bills They had an Army of only 700 people. Department of Defense, for military con- that must be done in every session of There was no Navy to control the ship- struction, and for defense activities of the Department of Energy, to prescribe military Congress. The Senate’s procrastination ping or protect our shipping rights. personnel strengths for such fiscal year, and on this effort is one of the things that The Articles of Confederation and Con- for other purposes. All points of order is worrisome. I only hope that in the gress realized what we should also real- against the conference report and against its years to come, the Senate majority ize that if we do not have an adequate consideration are waived. The conference re- leadership will return to acting expedi- and strong defense, not only can we not port shall be considered as read. The pre- tiously, deliberately, and in a more militarily defend this country, but we vious question shall be considered as ordered timely manner in something that is don’t have the ability of diplomatically on the conference report to its adoption this important. trying to reach solutions to problems without intervening motion except: (1) one It is actually a testament to the hour of debate; and (2) one motion to recom- without resorting to military efforts. mit if applicable. competency and professionalism of the They realized that this was one of the House Armed Services Committee flaws of America when they wrote the The SPEAKER pro tempore. The gen- staff, the House leadership staff, and tleman from Utah is recognized for 1 Constitution. the Rules Committee staff that this So it is not unusual for them to spe- hour. enormous and complex conference Mr. BISHOP of Utah. Mr. Speaker, cifically put in here that one of the re- agreement could be rescued at the end sponsibilities that this House has is to for the purpose of debate only, I yield of what is becoming an otherwise con- the customary 30 minutes to the gen- provide for the common defense. It is tentious lame-duck session. not unusual that in article I, section 8, tleman from Massachusetts (Mr. Mr. Speaker, in our Rules Committee MCGOVERN), pending which I yield my- there are 17 clauses. Seven of those 17 meeting the other day, we had the op- clauses, as well as the introduction, self such time as I may consume. Dur- portunity of having Mr. HASTINGS and ing consideration of this resolution, all talk about the necessity of military de- others refer to the Constitution. It is fense and military preparedness for time yielded is for the purpose of de- very significant that in the beginning bate only. this country. They recognized how sig- of the Constitution, the Preamble, that nificant that was, not just for defend- GENERAL LEAVE we talked about creating a more per- ing militarily, but also for the future Mr. BISHOP of Utah. I ask unani- fect Union. A more perfect Union is not mous consent that all Members may and the diplomatic abilities of the fu- a grammatical flaw that was intro- ture United States. have 5 legislative days in which they duced by the Founding Fathers. It had This bill deals with one of the few may revise and extend their remarks. a specific historical context. It also core constitutional responsibilities The SPEAKER pro tempore. Is there talked about preserving or promoting that we had. Fortunately, over the past objection to the request of the gen- domestic tranquility, which had, also, 51 years, Congress has been able to tleman from Utah? a specific historical context which had come together in an amazingly bipar- There was no objection. nothing to do with America being se- tisan way to come up with a Defense Mr. BISHOP of Utah. As is customary date or tranquil. It had something to authorization bill that provides our De- for this conference report, this is a do with the specific concept of private fense agencies the ability to function, closed rule which provides for the con- property. It also talked about pro- to train, to equip our forces, and to sideration of the conference report to moting general welfare, even though provide for our military personnel and accompany H.R. 4310, the Defense Au- they had a uniquely different idea of their families. thorization Act for Fiscal Year 2013, the word ‘‘general’’ than we have We are betting if we do not do this, and provides 1 hour of general debate, today. with 30 minutes equally divided and But in providing in the intermediary that the large-scale threats to our na- controlled by the chair and the ranking with all these provisions is also the tional security will be so far in the fu- minority member of the House Armed word that we are supposed to provide ture we can just sort of tread water. I Services Committee. for the common defense. It was not un- hope sometimes that they are right, I’m actually pleased to stand before usual that that word was in there, put but that treading would not be what the House today in support of the rule in by Gouverneur Morris and the rest the Founding Fathers would look at as as well as the underlying legislation, of them. providing for the common defense. which was H.R. 4310, and the conference When the Founding Fathers met to In a real world, there would be what report that accompanies the Defense write our Constitution, they were look- I would consider to be a more signifi- Authorization Act for Fiscal Year 2013. ing at the historical milieu of the day cant and effective bill, but we’re not I also have to, at the beginning, and the concepts that were going on at dealing with the real world. We are thank the chairman of the House that time. They responded in a way to dealing, though, with real-world issues. Armed Services Committee, Mr. try to make sure that they solved the Part of the issue is that we are looking MCKEON, for his hard work and his problems of the day in a way that at a world that is extremely dangerous steady leadership on this bill, as well would never come up again. The con- for us—we do not know what the future as the ranking member, Mr. SMITH of cept of providing for the common de- enemy will be—and we are also dealing Washington, for continuing the time- fense became one of the core constitu- with a world in which we are contin- honored tradition of close cooperation tional responsibilities that was ex- ually trying to diminish our military and bipartisanship when it comes to tremely significant. presence. defense and producing this conference We had won the Revolutionary War, Our Navy is smaller than it has been report. I also thank the professional but we had also—several of the since 1917. Our Army will be smaller staff, which has worked closely to- States—violated the treaty with Brit- than it was at the beginning of World gether on literally hundreds of very ain. The inability of some States to War II. Our Air Force is the smallest it difficult and often very technical protect Tory property had given the has ever been in the history of this issues and has done so cooperatively in British the reason to continue to have country, with the oldest planes that an extremely responsible manner. armed British soldiers on American we’ve ever had. Those issues are issues I’m very proud that the Armed Serv- soil or British forts on American soil. that are significant, they are impor- ices Committee produced a bill in a We could not, under the Articles of tant, and they must be addressed. And very bipartisan manner. I’m proud of Confederation, control our borders. The those are going to be ongoing, long- the floor of the House who voted and British were arming subgroups coming term issues.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7366 CONGRESSIONAL RECORD — HOUSE December 20, 2012 This particular bill does not do as er, I am proud to serve as the cochair Under their proposal, 25 million much to address that particular prob- of the Tom Lantos Human Rights Com- working families with tens of millions lem and give us the security of the fu- mission. We constantly and appro- of children will pay an average of $1,000 ture as I wish it could do. That’s only priately criticize other countries for more in taxes. That’s not fair. That un- because we are not dealing in a perfect their lack of transparency and adher- dermines the economic security of that world where we can establish the set- ence to the rule of law. The continued family. ting that we wish to do. We have to existence of Guantanamo undermines Under their proposal, 11 million fami- deal with the setting in which we find our standing around the world. The lies would lose a tax credit that helps ourselves. President has said repeatedly that he pay for college. How is that in our se- wants to close Guantanamo. There is curity? We’re told time and time again b 1240 broad bipartisan support among na- by all of the experts that, in order for Having said that, there are a lot of tional security experts for him to do us to continue to be an economic glob- things in this particular conference re- so. Congress just needs to get out of al power, we need a well-educated port and in the House-passed bill which the way. workforce. So what are they proposing? are very, very positive, and they do Mr. Speaker, while I support a great That 11 million families lose their tax move us forward. As we continue the deal of this bill, especially programs credits to help pay for college. discussion of this rule as well as the de- and services for our veterans and mili- Fifty million seniors and other Medi- bate of the conference report on the tary retirees, I cannot support a bill care enrollees’ health care would be floor, we will talk about some of those this large when we are in the middle of jeopardized as doctors face a 27 percent things that are positive and that do negotiations on the so-called ‘‘fiscal cut in Medicare payments under this move us forward. cliff.’’ The Pentagon is more willing proposal. That’s just the tax version of With that, Mr. Speaker, I look for- than this Congress to look at the de- what they’re proposing. We haven’t ward to the continuing discussion fense budget and make thoughtful but even gotten to what they’re proposing about talking about what is, indeed, in significant reductions. This bill con- in terms of spending cuts. this particular bill. tinues to show that, when it comes to So here we are, talking about a De- I reserve the balance of my time. defense spending, Congress is part of fense Authorization Act that is more Mr. MCGOVERN. I want to thank the the problem, not part of the solution. money than our Pentagon wants, that I would like to insert into the gentleman from Utah for the time, and is more money than our Joint Chiefs of RECORD an article that appeared in to- I yield myself such time as I may con- Staff want, that is more money than day’s Washington Post by Walter sume. the Secretary of Defense wants. As Pincus, entitled, ‘‘Military funds to I rise in opposition to the underlying we’re doing this, we’re telling the spare?,’’ in which he quotes Secretary bill, the National Defense Authoriza- American people that we have to lower of Defense Panetta in a speech. He said tion bill. your cost-of-living adjustment on So- that the committees here in the Con- I recognize and appreciate all of the cial Security, that we have to lower gress ‘‘had diverted about $74 billion of hard work that went into crafting this your quality of health care, that we what we asked for in savings in our conference report—on both sides of the have to cut some money from housing proposed budget to the Congress, and aisle. I commend Chairman MCKEON programs, that we have to cut SNAP and Ranking Member SMITH and all they diverted them to other areas that, frankly, we don’t need.’’ That is from and food stamps so that you won’t have their staffs for all of the work that enough to eat. they have done. I especially appreciate the Secretary of Defense. I would also like to insert into the This is crazy. This is crazy. So, yes, that the final version of the bill in- we’re all for a military and a defense RECORD a letter to the President that cludes a modified version of the was sent to Members of Congress as second to none, but I will tell you that Merkley amendment on Afghanistan well, urging that he veto the National some of our biggest threats are not that was approved by the United States Defense Authorization Act because it halfway around the world—they’re Senate, but unfortunately, the final extends restrictions on transferring de- halfway down the block. We have to product contains policies that I simply tainees out of the Guantanamo prison. start paying attention to what’s hap- cannot support. Mr. Speaker, let me just conclude my pening in this country, so I urge my The bill increases funding—beyond opening here by saying that I want a colleagues to vote ‘‘no’’ on this bill. the Pentagon’s request—for several defense second to none. I believe that I reserve the balance of my time. programs, including a new missile de- we need to do whatever we need to do [From the Washington Post, Dec. 19, 2012] fense base on the east coast. The bill to protect the citizens of this country, MILITARY FUNDS TO SPARE? also denies the Pentagon the oppor- but just throwing more money at the (By Walter Pincus) tunity to save money with its failure Pentagon doesn’t mean that you’re Congress and Defense Secretary Leon E. to include a cut to the contractor comp getting a stronger defense. Expanding Panetta showed this week that there are cap, its failure to include a round of the bloat and the waste in the Pen- hundreds of millions, if not billions, of loose base closures, and its failure to imple- tagon does nothing to enhance our na- dollars in the Pentagon’s budget that can be ment end-strength troop reductions tional security. We need a new defini- shifted around without apparent harm to na- tional security. even though we are supposedly ending tion of ‘‘national security,’’ one that our involvement in two wars. In a speech Wednesday at the National includes things like jobs for our citi- Press Club, Panetta voiced his frustration at At a time when Congress is being zens, one that includes access to a good changes the House and Senate armed serv- asked to look for savings, even consid- quality education, one that includes a ices committees had made in the fiscal 2013 ering cutting vital programs like So- strong infrastructure, one that in- defense authorization bill. At one point he cial Security, it is unconscionable to cludes good health care for everybody said that the committees ‘‘had diverted me that we would continue to mandate in this country, an end to homeless- about $74 billion of what we asked for in sav- wasteful funding that the military has ness, and an end to hunger in the ings in our proposed budget to the Congress, said it does not need and does not and they diverted them to other areas that, United States of America. frankly, we don’t need.’’ want. How can we look into the eyes of I say this because, after we debate He spoke about ‘‘pressure on the depart- a senior citizen who is living off of So- this rule, we’re going to take up an- ment to retain excess force structure and in- cial Security and tell him that his other rule dealing with the so-called frastructure instead of investing in the cost-of-living adjustment will be small- ‘‘Plan B’’ and ‘‘Plan C,’’ and maybe training and equipment that makes our force er so that we can buy weapons that the there’s a Plan D and a Plan E, who agile and flexible and ready.’’ Without speci- military doesn’t even want? knows. What is particularly trouble- fying programs, Panetta mentioned having Also very troubling to me is that this some to me is that, in the tax version to keep ‘‘aircraft, ships, tanks, bases, even bill continues to prevent the President of what the Republicans are going to those that have outlived their usefulness, [but] have a natural political constituency.’’ from fulfilling his commitment to bring to the floor later, it includes As if on cue, just two hours after Panetta’s close the Guantanamo Bay prison camp things like ending programs that ben- speech, the chairmen of the Senate and by imposing unnecessary and ill-ad- efit middle-income families and poor House armed services committees—Sen. Carl vised transfer restrictions. Mr. Speak- families. Levin (D-Mich.) and Rep. Howard P. ‘‘Buck’’

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McKeon (R-Calif.)—released summaries of RE: VETO THE NATIONAL DEFENSE AUTHOR- an annual NDAA is not required for the De- the House-Senate conference report on the IZATION ACT BECAUSE IT EXTENDS RESTRIC- partment of Defense to carry out its func- fiscal 2013 defense bill that contained fund- TIONS ON TRANSFERRING DETAINEES OUT OF tions. The NDAA does not fund the Depart- ing changes illustrating some of what Pa- THE GUANTANAMO PRISON ment of Defense, and all of its provisions can netta had been complaining about. DEAR PRESIDENT OBAMA: The undersigned be either implemented by agency action or For example, the conferees approved more human rights, religious, and civil liberties enacted as part of other legislation. Four of than $500 million to continue the Global groups strongly urge you to veto the Na- your five immediate predecessors—Presi- Hawk Block 30, high-altitude, long-endur- tional Defense Authorization Act for Fiscal dents Carter, Reagan, Clinton, and George ance unmanned aircraft that have integrated Year 2013 (NDAA) because it would impede W. Bush—each vetoed an NDAA. Restrictions imagery, radar and intelligence sensors. The your ability to close Guantanamo. Specifi- impeding the closing of the Guantanamo Pentagon had decided to risk terminating cally, the NDAA conference bill restricts the prison clearly warrant a veto by you. this version of Global Hawk (there are others Executive Branch’s authority to transfer de- We believe that you will be far more likely in use and being built) and noted that it tainees for repatriation or resettlement in to succeed in fulfilling your commitment to would save $800 million in fiscal 2013 and $2.5 foreign countries or for prosecution in fed- closing the Guantanamo prison if the trans- billion over the next five years. eral criminal court for the full fiscal year. fer restrictions are allowed to expire on Two other congressional add-ons illustrate Your commitment to close the Guanta- March 27, We strongly urge you to veto the members’ desire to keep plant production namo prison was a hallmark of your 2008 NDAA, because it includes an extension of lines open—and jobs filled. They were $136 campaign and a signal to everyone, both the restrictions on transferring detainees across America and around the globe, of a re- million to upgrade the M1 Abrams tank and out of Guantanamo for either repatriation or newed commitment to the rule of law. Your $140 million to modify the M2 Bradley ar- resettlement overseas or prosecution in the executive order, on your second full day as mored vehicle. And $45 million was added to United States. Thank you for your attention president, directing the government to close funds to purchase F–18s to hold open ‘‘the op- to this request. the prison should have heralded the end of tion of buying more’’ in fiscal 2014. In the nu- Sincerely, the prison, but instead triggered a long se- clear area, Congress added $70 million toward American Civil Liberties Union, American ries of failures and obstacles to its closure. construction of a $3.7 billion building for re- Friends Service Committee, Amnesty There are still 166 detainees left at Guanta- search on plutonium at the Los Alamos Na- International USA, Appeal for Justice, namo, and the promise of closing the prison tional Laboratory in New Mexico that the Bill of Rights Defense Committee, Bren- remains unfulfilled. nan Center for Justice, Center for Con- administration wanted to delay for two more We appreciate that you publicly renewed stitutional Rights, Center for Inter- years. your commitment to closing Guantanamo in national Policy, Center for Victims of Two other congressional favorites got public comments this fall, and we strongly Torture, Commission on Social Action of boosts beyond what the Pentagon approved. believe that you can accomplish this objec- Reform Judaism, Council on American- One was an added $152 million for missile de- tive during your second term. You can still Islamic Relations, Defending Dissent fense; the other, for $143 million, went to make the successful closing of the Guanta- Foundation, Disciples Justice Action Special Operations Command for an imagery namo prison an important part of your his- Network, Friends Committee on Na- intelligence program its commander wanted toric legacy. but higher-level officials vetoed. The con- However, if the NDAA is signed with any tional Legislation, Human Rights Watch, ferees’ message: What Special Ops wants, it transfer restrictions in it, the prospects for International Justice Network, Japanese gets. Guantanamo being closed during your presi- American Citizens League, Maryknoll Office for Global Concerns, National As- One compromise reached over the past dency will be severely diminished, if not sociation of Criminal Defense Lawyers, month involved the administration’s con- gone altogether. The current statutory re- National Religious Campaign Against troversial plan to reorganize military air strictions on transfer expire on March 27, Torture, Peace Action, Presbyterian transport assets that affected Air National 2013. Those restrictions—which have been in Church (USA) Office of Public Witness, Guard bases around the country, a step that place for nearly two years with zero detain- Physicians for Human Rights, Psycholo- mobilized opposition not just from Congress ees being certified for transfer overseas and gists for Social Responsibility, Rabbis but from governors of the states involved. zero detainees transferred to the United for Human Rights—North America, The solution was to halt the retirement of 26 States for prosecution—are functionally United Church of Christ Justice and Wit- C–5A aircraft, ‘‘holding the strategic airlift similar to the restrictions in the NDAA bill ness Ministries, United Methodist total at 301 aircraft, until the Defense De- pending in Congress. If extended for the en- Church, General Board of Church and So- partment completes a comprehensive study tire fiscal year, then nearly a year of your ciety, Unitarian Universalist Associa- of air mobility requirements,’’ according to second term could be lost, and the political tion, Win Without War. the House committee. In addition, the Air capital required to start closing it later in Force will maintain an additional 32 C–130 or your next term will be even greater. Mr. BISHOP of Utah. I reserve the C–27J tactical airlift aircraft, some of which Now is the time to end the statutory re- balance of my time. were going to be retired. strictions on closing Guantanamo, by vetoing the NDAA because it extends them. Mr. MCGOVERN. Mr. Speaker, at this As he has in the past, Panetta said that time, I yield 2 minutes to the gentle- health-care costs for the military were grow- When signing earlier versions of these re- ing fast and had hit $50 billion this year. The strictions into law, you stated, ‘‘my Admin- woman from Texas (Ms. EDDIE BERNICE need was for some cost controls, but the con- istration will work with the Congress to seek JOHNSON). ferees blocked any increase in fees for the repeal of these restrictions, will seek to Ms. EDDIE BERNICE JOHNSON of Defense Department’s heath-care program, mitigate their effects, and will oppose any attempt to extend or expand them in the fu- Texas. Let me thank the ranking mem- known as TRICARE, or any effort to estab- ber and chairman of the Rules Com- lish new ones. ture.’’ The restrictions have proven unwork- able, and should not be extended for yet an- mittee. Meanwhile, the conferees took steps to cap other year. Today, I rise to discuss just one por- the rate under which the Army and Marine There is broad support among national se- Corps reduce force numbers over the next tion of the National Defense Authoriza- curity and foreign policy leaders for closing tion Act. It is a section of the con- five years. And somehow they found excess Guantanamo. Your own national security funds to provide provisions to ease the blow and foreign policy leadership team shares ference report that supports our Na- to the roughly 100,000 service personnel that your commitment to closing Guantanamo. tion’s first responders, and I signed the are let go. Those individuals will be per- The list of leaders who support closing the conference report for that section only. mitted to reside in military housing with Guantanamo prison is long, and crosses their families for six months after their date In July of last year, I introduced leg- party lines, including: former President islation to reauthorize two programs— of separation and use commissary and ex- George W. Bush, former Secretary of State change stores for two years after separation. the Assistance to Firefighters Grant Condoleezza Rice, former Secretary of State Program, the AFG Program, and the There was one $188 million reduction that Colin Powell, former Secretary of Defense neither Panetta nor the conferees touched— Robert Gates, former National Security Ad- Staffing for Adequate Fire and Emer- the one for military bands. visor James Jones, General Charles C. gency Response Program, the SAFER The Army maintains 99 bands, many of Krulak (ret.) former Commandant of the Ma- Program. These programs were created them National Guard-based, and intends to rine Corps, General Joseph P. Hoar (ret.), to help local fire departments across spend $221.1 million on them during fiscal former CETCOM commander, and Brigadier the country maintain and increase 2013. That’s up $3.3 million from fiscal 2012. General Michael Lehnert (ret.), who set up their capacity to do all that we ask The Navy has 14 bands that will cost an esti- the Guantanamo prison, and 25 retired admi- them to do each day, including fighting mated $55.6 million next year, while the Ma- rals and generals. Closing Guantanamo is fires, responding to medical emer- rine Corps has 12 bands that will cost $53.6 good human rights policy and good national million in 2013. The Air Fe has 12 active-duty security policy. gencies, and providing safety and aid in and 11 Air National Guard bands. Together We realize that there is a long tradition of the face of disasters, either natural or they cost an estimated $58 million. the NDAA being enacted annually. However, manmade.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7368 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Maintaining the equipment, training, victims of fires. In addition to providing the re- freedom over fear? When will we break and personnel to safely and swiftly re- sources necessary to ensure our fire depart- the hold which fear has over this Na- spond to calls for assistance is increas- ments have the equipment and personnel they tion and our budget choices? ingly difficult. Fire departments need, the United States Fire Administration, I’m voting ‘‘no’’ on this bill. around the country have been forced to which is also reauthorized in the conference Mr. BISHOP of Utah. Mr. Speaker, I lay off firefighters and to do without report, supports fire prevention and safety ac- yield myself such time as I may con- needed equipment and training. The tivities, promotes the professional develop- sume. fire grant programs have played an im- ment of the fire and emergency response In the cacophonous list of things that portant role in helping local fire de- community, and conducts research, testing, this bill does not do, one can even look partments overcome some of these and evaluation to help reduce fire deaths, inju- at some other areas. I mean, there are challenges, providing over $6 billion in ries, and loss. other areas in which we have problems assistance since the year 2000. These We need to ensure that our firefighters and in the defense of this country and fu- grants have been essential to maintain- emergency medical personnel have the tools ture challenges that are before us, even ing public safety in many commu- that they need to protect us. Reauthorization in the modernization of our weapons nities, and they’re even more impor- of the fire grant programs and the United system. tant in the face of our shrinking local States Fire Administration will do just that. Even as Russia has fielded new and budgets. The good news is that, even in these times modernized nuclear ICBMs, the U.S. Fire is a serious problem in the of increasing partisanship, these common land-based nuclear deterrence is in United States, killing over 3,000 people sense provisions have once again garnered need of future modernization; and yet a year, which is a rate higher than in widespread support. I am pleased that the bi- this administration has cut resources all other industrialized countries. Ad- partisan co-chairs of the Congressional Fire to begin planning for the upgrading ditionally, each year, nearly 20,000 peo- Services Caucus have joined me in supporting and modernization of our ICBMs and ple are injured, over 100 firefighters are the reauthorization of these critical programs. related nuclear-based systems that killed in the line of duty, and $10 bil- As the Ranking Member of the House have largely been ignored. This trend lion in property is lost due to fire. Science, Space, and Technology Committee, simply cannot continue. But having recognized those prob- The SPEAKER pro tempore. The which has jurisdiction over these programs, I lems that are there, it is also time to time of the gentlewoman has expired. hope the rest of my colleagues will join us in realize what this bill actually does that Mr. MCGOVERN. I yield the gentle- supporting these provisions. lady an additional 1 minute. Mr. BISHOP of Utah. I continue to moves us, as a Nation, forward: It will provide $552 billion, which is Ms. EDDIE BERNICE JOHNSON of reserve the balance of my time. $2 billion more than the President re- Texas. Thank you very much. Mr. MCGOVERN. Mr. Speaker, at this quested, and that is a plus; In my State of Texas, 2011 was an es- time, I yield 2 minutes to the gen- It increases the pay for our all-vol- pecially destructive year, with 4 mil- tleman from Ohio (Mr. KUCINICH). lion acres burned, over 5,500 homes and untary forces by 1.7 percent and pro- 1250 structures destroyed, and hundreds of b vides critical bonuses for those who are millions of dollars in damages. Mr. KUCINICH. In this discussion now working in harm’s way; It keeps the faith with the military Mr. Speaker, I rise today to discuss just one over the NDAA, we arrive at a moment retirees and our veterans in regard to portion of the National Defense Authorization where we meet the moral consequences TRICARE, and rejects the administra- Act—a section of the conference report that of our Nation’s choices over the past tion’s proposal to increase fees and co- supports our nation’s first responders. In July decade. We chose war in Iraq, Afghani- payments on them; of last year, I introduced legislation to reau- stan, Pakistan, Libya, Yemen, Soma- It deals with the issue of troop reduc- thorize two programs—the Assistance for Fire- lia, and perhaps later on Iran. tion in a responsible way by putting fighters Grant (AFG) Program and the Staffing Inexplicably, we’ve created openings caps on the number of troop reductions for Adequate Fire and Emergency Response for al Qaeda and radical fundamental- ists as a result of our interventions. At that can be placed in a single year; (SAFER) program. These programs were cre- It has a conscience clause for service- home, we choose a false notion of secu- ated to help local fire departments across the men and for chaplains; country maintain and increase their capacity to rity over personal freedom, even if it It implements the Hyde amendment; do all that we ask of them each day, including means we look the other way when the It addresses sexual assault with bi- fighting fires, responding to medical emer- very language of this bill opens the partisan, specific new regulations and gencies, and providing safety and aid in the door for indefinite detentions of Ameri- procedures for combating and pros- face of disasters either natural or man-made. cans. And we choose poverty over plen- ecuting sexual assaults within the Maintaining the equipment, training, and ty by giving over a half trillion dollars military; personnel to safely and swiftly respond to calls to the Pentagon and nearly $90 billion It has a total new program to provide for assistance is increasingly difficult. Fire de- for wars, including Afghanistan, while and help with suicide prevention for partments around the country have been facing reductions in domestic spending. dealing with those people who have forced to lay off firefighters and to do without We put war on the Nation’s credit volunteered to represent this country needed equipment and training. The fire grant card, including a $5 trillion charge for in the military; programs have played an important role in the war in Iraq, which was based on It opens up new bipartisan reforms helping local fire departments overcome some lies. We gather at a fiscal cliff of our for competition and innovation in the of these challenges, providing over $6 billion own making and refuse to see the im- way the Department deals with small in assistance since 2000. These grants have plications of our unrestrained spending businesses and spurs on innovation; been essential to maintaining public safety in for war. But when it comes to pro- It deals with strategic forces like the many communities and they are even more viding for the long-term security of our NNSA reforms, our nuclear oversight, important in the face of shrinking local budg- seniors, a cynical ploy using the Con- our missile defense system, the Iron ets. sumer Price Index is being used to cut Dome; Fire is a serious problem in the United seniors’ Social Security benefits. Its provisions dealing with Guanta- States, killing over 3,000 people a year—a When did America become more con- namo Bay, which prohibit the transfer rate higher than all other industrialized coun- cerned about the control of and the se- of detainees to the United States, are tries. Additionally, each year nearly 20,000 curity of foreign lands than the retire- the exact right thing that should be people are injured, over 100 firefighters are ment security of our own people? done; killed in the line of duty, and $10 billion in Unending war abroad means austerity It also looks at retaining our vital property is lost due to fire. In my State of here at home. It’s caviar for the Pen- systems like our naval cruisers, our Texas, 2011 was an especially destructive tagon and cat food for seniors. Our airlift capacities, Global Hawk, the year with 4 million acres burned, over 5,500 choices are being made, but when will anti-armor, and investing in new fu- homes and structures destroyed, and hun- we choose for America jobs for all, edu- ture capabilities that we need like air- dreds of millions of dollars in damages. cation for all, health care for all, hous- borne electronic warfare. The aircraft Statistics show that minorities and low-in- ing opportunities for all, retirement se- that we need, the submarines, the de- come Americans are disproportionately the curity for all? When will we choose stroyers that happen to be there; and,

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7369 indeed, it has a section in there dealing world, and I’m proud of the men and and join the United States military. with the sanctions on Iran. women who serve in our military. And so when I see raises for the troops, All of those are specific and impor- But, you know, we have to make it pleases, I think, all of us. tant to us. choices here. I mean, do we really need I’m concerned about the Afghanistan We have a responsibility to make all these troops deployed in Europe timeline. I had hoped that it could be sure that this core constitutional re- that have been there basically since expedited. I certainly do commend the sponsibility of ours is done efficiently. World War II? I mean, I don’t think Iron Dome because we saw it work with I want it to be known that those who Germany is going to invade France any respect to Israel. I question, however, are in the military uniform must re- time soon or Russia is going to invade the drones that may have collateral spond to the higher-ups which they are Poland, but yet we have a huge amount damage. dealing with. The Secretary of Defense of deployed American forces in Europe. But I do think it’s important that must deal with walking a line of talk- Maybe we need to have a discussion this bill does, in fact, make a commit- ing about what they have to do and about whether or not we need that, ment to protecting the women and what they wish they could do. In no whether or not we can afford that ex- children in Afghanistan, responds to way does anyone in uniform say that pense, whether or not it does anything the issues dealing with sexual assault things that are put in this budget is to enhance our security. against military personnel, and par- something that they do not need or do Again, I want a military that is the ticularly women, and is strong on Iran not want. best in the world. I want them to con- sanctions. We have cut the military in this tinue to be that way. I want them to be But I rise today as well because I country when we were cutting nothing second to none. I want to make sure think when we talk about people, and else. While we were running up stim- that we have all that we need, but I we talk about the men and women of ulus bills, we were still cutting the don’t want to be investing in things we the United States military, we talk military. We cut them in the last 2 don’t need. And when the Joint Chiefs about their health. And yesterday, in years of the Bush administration. of Staff and when the Secretary of De- the Rules Committee I raised this Under Secretary Gates, it was a $400 fense and all of the experts tell us that point and I raise it again. billion cut. All told, the cuts that this they don’t need something, and we here I’m going to support this bill because Congress has put on the fence when it appropriate money to keep something I think it’ll make a leap of faith and has not cut other areas is between $800 going that is unnecessary, that is un- commitment to finding the cause of billion and $1 trillion, and that doesn’t wanted, at the same time while you’re triple negative breast cancer. I men- even count what could happen within trying to cut the benefits of some poor tioned yesterday in the Rules Com- sequestration. old lady on Social Security, there’s mittee that triple negative breast can- We seem to forget, as we’re looking, something wrong with this equation. cer cells are usually of a higher grade and we take some of the things we have We have to start thinking about the se- and size, onset at a younger age, more here for granted. The United States has curity of people here in this country as aggressive and more likely to metasta- had air superiority since the Korean well. size. War, which means our men on the What we’re going to do right after In fact, the survival rate for breast ground, when they hear something this is take up a rule that is going to cancer, but on triple negative, people overhead, don’t have to worry about gut a whole bunch of programs that, are diagnosed and they die in months, whose insignia will be on that plane; quite frankly, keep people from falling maybe a year, such as my constituent, they know it is ours. But if, indeed, we through the cracks—everything from Yvonne Williams, a wonderful health do not upgrade and innovate and im- food stamps to child nutrition pro- professional who left a husband and prove our air capacity, we don’t have grams to education programs. Any- two children. that in the future. thing that helps anybody who’s in need Or maybe the young lady who And what we do now is not just sim- is going to get walloped after the next stopped me when I was walking in the ply what we can do today; what we are rule is passed, with a tax plan that is Race for the Cure and said, my mother, authorizing in this bill is what we can so blatantly unfair that I can’t even a Hispanic woman, got triple negative do 20 years from now. If we don’t start believe that my friends are bringing it breast cancer. We did everything we the research and development today, to the floor of the House for a debate. could, and she died within months. we will not have that capacity. So, you know, let’s talk about what Apart from surgery, the only relief is I reject those who say, Look, the F– we need to do to maintain the security cytotoxic chemotherapy, its only 35 is too expensive; let’s just build of our people in this country. We need available treatment. Targeted molec- more F–16s—even though Third World a strong military. We need to meet the ular treatments, while being inves- countries have planes that have the challenges abroad, but we also need to tigated, are not accepted treatment for same capacity technologically as our meet the challenges here in the United this disease. F–16s and our F–15s. What we need is a States of America. We need to focus on As I speak today, there are women new generation, so if our men are put things like jobs and affordable housing, who may be listening, or others who re- into a fight, it will not be a fair one. making sure that people have the lad- alize that either their loved one or And we have the technology, the new ders of opportunity so they can suc- they may be diagnosed with triple neg- generation of technology to make sure ceed. So that’s where I object. ative breast cancer, and they under- that we are in the forefront and to stand the impact. Whether they are make sure that we maintain that air b 1300 Caucasian or Asian or Hispanic or Afri- dominance into the future. It is some- This bill is more than the people at can American, this disease has not thing that we have had for so long and the Pentagon want. We’re just throw- been able to be treated like breast can- we have had so many people work so ing more money at this, and I think cers in the other stages. hard to maintain that we here, today, it’s a mistake. So I offered an amendment that the seem to sometimes take it for granted. Mr. Speaker, at this time I’d like to House accepted. I think it is an impor- And we ought not. This is our future. yield 3 minutes to the gentlewoman tant amendment because what it spoke This bill is about our future, and we from Texas (Ms. JACKSON LEE). to is that we need to pinpoint and focus cannot—we cannot—simply go back be- Ms. JACKSON LEE of Texas. Mr. in on what is the cause of this disease. cause we wish to change the milieu of Speaker, I too believe in military pre- And it called for the triple negative what is happening here. This is a good paredness, coming from a State like breast cancer patients to be identified bill. Texas, where the population of men earlier in the progression of their dis- I reserve the balance of my time. and women who have served or are ease and to develop targets on molec- Mr. MCGOVERN. Mr. Speaker, I yield serving in the United States military is ular and biomolecular issues. myself such time as I may consume. renowned and appreciated. But through that amendment, I must First of all, we have air superiority As I look at the tourists who walk say, although I wanted the specific lan- over every country in the world. We through the Halls, I wonder which of guage, the House was able to hold its have the strongest military in the those young people will take an oath position.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7370 CONGRESSIONAL RECORD — HOUSE December 20, 2012 The SPEAKER pro tempore. The cancer among African American women. The TNBC also referred to as basal-like (BL) time of the gentlewoman has expired. American Cancer society estimates that in due to their resemblance to basal layer of Mr. MCGOVERN. I yield an addi- 2011, more than 26,000 African American epithelial cells. tional 30 seconds to the gentlelady. women will be diagnosed with breast cancer, There is not a formal detailed classification Ms. JACKSON LEE of Texas. The and another 6,000 will die from the disease. of system of the subtypes of these cells. House was able to hold its position. Between 2002 and 2007, African American TNBC is in fact a heterogeneous group of And on title VII, section 737, I want to women suffered a 39 percent higher death cancers with varying differences in prognosis say thank you. There is a long amend- rate from breast cancer than other groups. and survival rate between various subtypes. ment that includes my amendment and African American women are also 12 per- This has led to a lot of confusion amongst specifically speaks to having a report cent less likely to survive five years after a both physicians and patients. that will have recommendations for breast cancer diagnosis. One reason for this Apart from surgery, cytotoxic chemotherapy changes to policy, a law that could im- disparity is that African American women are is the only available treatment; targeted mo- prove the prevention, early detection, disproportionally affected by triple negative lecular treatments while being investigated are awareness and treatment of breast can- breast cancer. not accepted treatment. cer among the Members of the Armed More than 30 percent of all breast cancer Between 10–17 percent of female breast Forces. diagnoses in African American are of the triple cancer patients have the triple negative I would ask the Defense Department negative variety. Black women are far more subtype. that when you look at treatment and susceptible to this dangerous subtype than Triple-negative breast cancer most com- research, you must include the triple white or Hispanic women. monly affect African American women, fol- negative breast cancer. That is, as THE STORY OF YOLANDA WILLIAMS lowed by Hispanic women. well, an attack on your personnel in Mr. Speaker, last year, I spoke at a funeral African American women have prevalence the United States military. If we care for Yolanda Williams, one of my constituents TNBC of 26 percent vs 16 percent in non-Afri- about our soldiers, our men and women in the 18th Congressional District of Texas. can-Americans women. in all of the branches who serve us, Yolanda died from her battle with triple nega- TNBC usually affects women under 50 we’ll care about their health, and we tive breast cancer. Like many other women years of age. will include that research. who are diagnosed with this aggressive strain, African American women have a prevalence I thank the conferees for moving for- she did not respond to treatment. Yolanda, of premenopausal breast cancer of 26 percent ward on something that is so near and wife and mother of two daughters, was only vs 16 percent for non-African-American dear to the families of those who live, 44 years old. Women. but certainly of those of the families This strain of breast cancer is not only more Women with TNBC have 3 times the risk of who have died. aggressive, it is also harder to detect, and death than women with the most common Mr. Speaker, I am here today in support of more likely to recur than other types. Because type of breast cancer. language from my Amendment, Number 91 to triple negative breast cancer is difficult to de- Women with TNBC are more likely to have H.R. 4310 ‘‘National Defense Authorization tect, it often metastasizes to other parts of the distance metastases in the brain and lung and body before diagnosis. 70 percent of women Act,’’ which would direct the Department of more common subtypes of breast cancer. with metastatic triple negative breast cancer Defense Office of Health to work in collabora- Mr. BISHOP of Utah. Mr. Speaker, I do not live more than five years after being di- tion with the National Institutes of Health to reserve the balance of my time. agnosed. Mr. MCGOVERN. Mr. Speaker, it’s identify specific genetic and molecular targets Research institutions all over the Nation and biomarkers for Triple Negative Breast my pleasure to yield 3 minutes to the have started to focus on this dangerous strain gentleman from Oregon (Mr. BLU- Cancer (TNBC). of breast cancer. In my home City of Houston, In addition, my amendment was intended to MENAUER). Baylor College of Medicine has its best and Mr. BLUMENAUER. Mr. Speaker, result in information useful in biomarker selec- brightest minds working tirelessly to develop a tion, drug discovery, and clinical trials design this defense authorization legislation targeted treatment for the triple negative is a missed opportunity. Our Repub- that will enable both TNBC patients to be breast cancer subtype. It is time for the De- identified earlier in the progression of their dis- lican friends would have us approve partment of Defense to follow that example this at a time when we’re struggling ease and develop multiple targeted therapies and commit additional funding to study the tri- for the disease. with the long-term fiscal stability of ple negative strain. the United States. We’re set to pass a Unfortunately, my language was not in- I had urged my colleagues to join me in pro- bill that authorizes funding above what cluded in the Senate Amendment but I have tecting women across the Nation from this we approved in the Budget Control Act. read language in the Joint Manager’s State- deadly form of breast cancer by supporting my ment and the Conference Report does provide amendment, and enough of them did so that This is spending 20 percent above the for a study. language was sent to the Senate addressing Cold War average, double what we had The language reads, ‘‘Study on incidence of triple negative breast cancer; and we live to in 2001. breast cancer among members of the Armed fight another day for more precise language Even if somehow we went over that Forces serving on active duty,’’ and is in- dedicated to a most-pernicious form of breast dreaded fiscal cliff and sequestration cluded in Section 737. cancer, while being appreciative of language kicked in, it would only reduce spend- I stand up for all women today who have in the final conference report addressing ing to what it was in 2007, adjusted for been victims and really for those who might so breast cancer among those most at risk, on inflation, when we were fighting two that we can look into prevention, cure, and active duty fighting, for our country. wars. It’s a missed opportunity. I heard my friend from Utah talk eradication of breast cancer. FAST FACTS Triple negative breast cancer is a specific Breast cancer accounts for 1 in 4 cancer di- about avoiding any increase in fee in strain of breast cancer for which no targeted agnoses among women in this country. terms of health care. Excuse me? treatment is available. The American Cancer The survival rate for breast cancer has in- We’re looking at draconian impacts Society calls this particular strain of breast creased to 90 percent for White women but that some are suggesting for some of cancer ‘‘an aggressive subtype associated only 78 percent for African American Women. our society’s most vulnerable. And, with lower survival rates.’’ African American women are more likely to here, we haven’t adjusted a fee since I offer this amendment in hopes that through be diagnosed with larger tumors and more ad- 1995. a coordinated effort, DOD and NIH can de- vanced stages of breast cancer. The Department of Defense is going velop a targeted treatment for the triple nega- Triple-negative breast cancer, TNBC, is a to spend $50 billion on health care. It’s tive breast cancer strain. term used to describe breast cancers whose gone up 300 percent since 2001. Ten mil- Breast cancers with specific, targeted treat- cells do not have estrogen receptors and pro- lion people are involved, and they ment methods, such as hormone and gene gesterone receptors, and do not have an ex- count it as a point of pride that we’re based strains, have higher survival rates than cess of the HER2 protein on their cell mem- not making any adjustment at all? For the triple negative subtype, highlighting the brane of tumor cells. a retired three or four star general need for a targeted treatment. Triple Negative Breast Cancer (TNBC) cells earning a pension of over $200,000 a Today, breast cancer accounts for 1 in 4 are usually of a higher grade and size; onset year, 80 percent of whom go to work for cancer diagnoses among women in this coun- at a younger age; more aggressive; more like- the defense industry, and they pay a try. It is also the most commonly diagnosed ly to metastasize. $50 fee?

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7371 I’m sorry, I think it’s a missed oppor- who has done so much in his tenure live with an understanding of how im- tunity. here in the Capitol. I yield such time as portant national security is. We have I heard my friend from Utah talk he may consume to the gentleman important countries in Eastern and about the nuclear arsenal and upgrad- from California (Mr. DREIER). Central Europe that are struggling to ing intercontinental ballistic missiles. b 1310 not only become members of the Euro- I think this is a missed opportunity. pean Union but to join the North At- Look at the nuclear arsenal, we’re Mr. DREIER. I thank my friend from lantic Treaty Organization because spending over $55 billion a year—we Brigham City. I appreciate his gen- they still are seeking a chance to be don’t know how much more because erosity of yielding me such time as I free of that kind of repression. that information isn’t readily avail- may consume. I’m reminded of what took place dur- able—for weapons that have not en- Mr. Speaker, let me just say that I ing the 2008 Summer Olympics in Geor- abled us to fight in Iraq or Afghani- appreciate the fact that my friend from gia, when we saw the incursion from stan. Worcester said we should have a de- Vladimir Putin’s Russia into Georgia Many of these weapons we can’t use, fense capability that is second to none. over the breakaway regions of will never use, but we’re going to spend We should be preeminent in the world. Abkhazia and South Ossetia. We con- $200 billion upgrading the arsenal over I appreciate his statement. I also ap- tinue to see lots of threats. It is a very the next 10 years. And we’re looking at preciate the fact that he talks about dangerous world. Tragically, Plato three separate delivery systems, in- the multifarious societal needs that said: Only the dead have seen the end cluding new submarines at almost $5 are out there, ensuring that we don’t of war. billion a piece. Against whom? see those who are struggling to make And I remember that as we saw the We need a tiny fraction of this to ends meet suffer. We concur whole- demise of the Soviet Union, the crum- deal with China or Russia. Our nuclear heartedly in that goal. But I have said bling of the Berlin Wall, many of us did arsenal isn’t stopping Iran from trying this time and time again. I said it in believe as Francis Fukuyama famously to achieve its nuclear weapon. the Rules Committee and Mr. BISHOP wrote about the end of history, believ- These are sad, missed opportunities and I had a discussion about this. And ing that political pluralism, the rule of to right-size the military, which will Mr. HASTINGS of Fort Lauderdale got law, and self-determination and demo- still be the most powerful in the world, into there as well. cratic institutions would thrive all by far. This is my perspective. Thomas Jef- over the world. Well, it hasn’t quite The SPEAKER pro tempore. The ferson said that two thinking people worked out that way in the last couple time of the gentleman has expired. given the exact set of facts can draw of decades. And we all know what the Mr. MCGOVERN. I yield the gen- different conclusions, but I’ve con- consequences of those threats have tleman an additional 1 minute. cluded as I looked at the preamble to been. For the first time ever, we had Mr. BLUMENAUER. For us to deal the Constitution with all the impor- the kind of attack that we did on Sep- with the threats that we face today, to tant statements in there—We the peo- tember 11 on our soil. deal with the damage that we have ple of the United States, in order to All this is to say, Mr. Speaker, it’s done in the reckless misguided war in form a more perfect Union, establish important that we have a strong, bal- Iraq, to be able to deal meaningfully justice, ensure domestic tranquility, anced defense authorization bill. And I with the Guard and Ready Reserve that provide for the common defense, pro- believe that the National Defense Au- should be upgraded and healed from the mote the general welfare, do ordain thorization Act that is before us is damage that was inflicted upon them. and establish this Constitution for the right. And I appreciated hearing the We can provide far more real secu- United States—I argue, Mr. Speaker, distinguished ranking member of the rity, save tax dollars, deal with the that the five most important words in Committee on Rules, Ms. SLAUGHTER, needs of veterans that are about to be, the midst of that preamble are ‘‘pro- praise the fact that it’s focusing on sadly, undercut, and provide balance to vide for the common defense.’’ some of those very important social our budget. In fact, the fiscal insta- And the reason I say that is that as issues that she has raised and ad- bility from reckless bills like this is, in we look at all the things that the Fed- dressed. She complimented this defense fact, a national security threat. eral Government does, virtually all of authorization conference report for We’re no longer going to be able nor them—not all, but virtually all of doing that. should we pay almost half the world’s them—can be handled by individuals, And there are other things. This entire military spending. We should by communities, cities, families, coun- morning, I was listening to WAMU. I start by rejecting this authorization. ties, and States. But there’s one thing wasn’t aware of this, but I heard the Mr. BISHOP of Utah. Mr. Speaker, I that cannot be handled by those other Delegate from the District of Colum- yield myself such time as I may con- entities, and that is our national secu- bia, Ms. NORTON, talk about the fact sume. rity. We can’t have the individual that we are going to have recognition I always hate to try and say we ought States providing for the national secu- of flags in the District of Columbia for to learn lessons of history; but the rity. And that’s why I believe it is the our veterans. And there’s inclusion in Founding Fathers, when they made single most important responsibility this conference report that deals with that our core constitutional responsi- for the National Government. that issue. She pointed to the fact that bility, clearly understood that if you I believe that we can have a cost-ef- flags are very, very important. When do not have a military capacity, you do fective national defense. I believe that we have foreign dignitaries come to the not have not only the ability to defend we can correctly focus on waste. We United States of America, flags are the country, but you do not have the know and have heard the horror sto- used to recognize their presence. Of ability to make diplomatic efforts in ries, and we’ve heard about some of the course, veterans from the States across any of those areas. waste that’s taken place in the Pen- the country have that, but the District It is interesting that our allies in tagon. We’ve got to bring an end to of Columbia hasn’t. I’m pleased that NATO are spending far more of their that, no doubt about it. Ms. NORTON was able to have that issue GDP on military defense than we are. At the same time, my friend from addressed in the National Defense Au- But obviously, and ironically, those Utah just talked about the fact that thorization Act conference report. who are are almost always those coun- our allies within the North Atlantic And so this is a measure which I be- tries which experienced firsthand what Treaty Organization are spending a lieve really transcends political party. it was like to live under the domina- greater percentage of their gross do- There’s great bipartisan support for it. tion of the Soviet Union. They under- mestic product on national security for And it also covers lots of important stand the significance of this par- the reason that they have felt threat- issues that do come back to our Na- ticular proposal and these particular ened. They’ve lived under repression. tion’s security. And so I believe, Mr. kinds of bills. There are NATO allies that have been Speaker, that as we look, again, at Mr. Speaker, I would like at this countries that were basically under the those five most important words, from time to recognize the soon-to-be-re- control of the former Soviet Union. my perspective, in the middle of the tired chairman of the Rules Committee And in light of that, they continue to preamble of the U.S. Constitution,

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7372 CONGRESSIONAL RECORD — HOUSE December 20, 2012 ‘‘providing for the common defense,’’ agency’s budget by 5 percent if they So it just doesn’t make any sense to that we are doing that—and exactly are unable to provide audit-ready fi- me. I mean, the idea that we’re giving that—with this measure. nancial documents. We need to get more money to the Pentagon than they So I encourage my colleagues to sup- some sunlight on the Pentagon’s books want, but at the same time we’re tak- port the rule and the conference report to create a culture of responsibility ing away from our people right here at that we will have. I believe it will be a and accountability at the Defense De- home. great benefit to our men and women in partment. National security has to mean the uniform and to the future security of On Afghanistan, the bill has some no- quality of life and the standard of liv- the United States of America and our table positive steps, but nonetheless ing for the people of the United States allies. fails to call for a swift and safe with- of America. It has to mean things like Mr. MCGOVERN. Mr. Speaker, it is drawal of our troops. On the positive jobs and financial security for our fam- my pleasure to yield 11⁄2 minutes to the side, I applaud the conferees for includ- ilies. gentleman from Pennsylvania (Mr. ing provisions to ensure that security I regret very much that my friends ALTMIRE). for Afghan women and girls is a pri- on the other side of the aisle seem to Mr. ALTMIRE. Mr. Speaker, as we ority during the transition to Afghan not care about what happens to people begin debate on this National Defense security responsibility. here in this country because their Authorization Act, it’s critical that we budgets and their tax bills go directly understand just how important it is to b 1320 after middle-income families and con- our troops and to our country that we However, on balance, this bill does stitute an all-out war on the poor. pass this legislation with a bipartisan not go far enough. There was an article in The Wash- vote. It’s easy to get bogged down in We all know there is no military so- ington Post on December 19: ‘‘John partisanship on most issues, but this lution in Afghanistan, and it’s time to Boehner’s Plan B Would Raise Taxes on cannot be one of them. This legislation bring home our brave men and women the Poor.’’ Really? I mean, is that how provides the men and women of our in uniform and transition to full Af- you’re going to balance the budget, by Armed Forces the necessary equipment ghan control. After 10 years and $600 sticking it to people who already are in and financial support to effectively billion invested in an unstable country, vulnerable times? This is wrong. carry out their duties while at the it’s past time to end this war—not in My friends talk about the debt and same time protecting all of our na- 2014, but right now. the deficit, but what they don’t talk tional security. Our troops have proven Finally, I’m very concerned about about is that we have fought two wars time and again that they are the most how this bill undermines the bedrock in Iraq and Afghanistan and we haven’t skilled forces in the world, but we must values of America, and I’m talking paid for it, all on our credit card. We provide them with the necessary sup- about the constitutional guarantees of send our young men and women into port to help them serve and protect our due process. I was disappointed to see harm’s way, and we ask them and their country. Senator FEINSTEIN’s provision prohib- families to sacrifice, and we do noth- Congress has an obligation to support iting indefinite detention removed dur- ing. We just put the bill on our credit the men and women who serve in the ing the conference. We should not card. Armed Forces and who sacrifice so allow those who seek to terrorize the A few months ago, the chairman of much for us every day. Our country American people to win by trashing the the Budget Committee, Mr. RYAN, said it’s about $1.3 trillion—I think he’s owes them more than we can ever very civil liberties at the heart of our lowballing it—but $1.3 trillion on our repay. And I strongly urge my col- national identity. debt, and nobody over there says a leagues to honor and respect our So I urge a ‘‘no’’ vote on the rule and word. They all go after programs like Armed Forces by passing this bill when a ‘‘no’’ vote on final passage. Social Security and Medicare and food it comes up later today and affording Mr. BISHOP of Utah. I reserve the stamps. our troops the funding that they need balance of my time. and deserve. So, Mr. Speaker, I ask that we defeat Mr. MCGOVERN. Mr. Speaker, how Mr. BISHOP of Utah. I reserve the the previous question. If we defeat the much time do I have remaining? balance of my time. previous question, I will offer an The SPEAKER pro tempore. The gen- Mr. MCGOVERN. Mr. Speaker, it is amendment to this rule to make in tleman from Massachusetts has 51⁄2 my pleasure to yield 21⁄2 minutes to the order an amendment that will allow gentlewoman from California (Ms. minutes remaining. the House to have a chance to vote on Mr. MCGOVERN. Mr. Speaker, this is LEE). a bill passed by the Senate to extend Ms. LEE of California. Let me first a moment of opportunity for us to get middle class tax cuts, which has been thank Mr. MCGOVERN for yielding the serious about dealing with our budget introduced in the House as H.R. 15. time and your tremendous and tireless deficit by eliminating the bloat and Also, the amendment would prevent leadership on the Rules Committee, the waste in the Pentagon’s budget. this House from adjourning until we but also for your leadership in pro- What we have before us has some have averted the fiscal cliff and the tecting our young men and women at very good provisions in it, but it also President has signed legislation to pre- home and providing strategies for how has some very bad provisions in it. The vent tax increases on the middle class. to bring them home quickly and safely gentlelady from California mentioned There is a rumor out there that my and orderly. the language on Guantanamo, which is friends on the other side of the aisle With the drawdowns from two wars, unfortunate. But this bill also reflects are going to try to pass Plan B and C now is the perfect opportunity to re- more money—more money—than the and run out of town and just leave for evaluate our runaway defense spending Pentagon even wants, more money vacation. I want to get home for and make sure that our defense budget than the Joint Chiefs of Staff wants. Christmas as much as anyone else, but reflects our overall national security So we’re throwing more money into the bottom line is that we are facing a strategy. Many outside experts from this Pentagon budget even though they crisis—an artificial crisis that my across the political spectrum have con- haven’t asked for it and they don’t friends helped create, but we need to cluded that the Pentagon can afford want it. avert it. much more substantial cuts than At the same time, my friends on the Mr. Speaker, I ask unanimous con- what’s found in this bill. Secondly, other side of the aisle are proposing sent to insert the text of the amend- while this bill contains some audit pro- measures—which are going to be taken ment into the RECORD, along with ex- visions, these measures are only set to up in the next rule—to decimate the traneous material, immediately prior take hold in 2017. The Pentagon needs social safety net in this country, to to the vote on the previous question. to be audited. It should have been au- make it more difficult for middle-in- The SPEAKER pro tempore. Is there dited and should be audited right now— come families, to make it more dif- objection to the request of the gen- last year, this year, next year. We ficult to send your kids to school, to tleman from Massachusetts? can’t wait until 2017. make it more difficult to get affordable There was no objection. Earlier this year, I offered an amend- housing, or to get access to food and Mr. MCGOVERN. Mr. Speaker, I urge ment that would have cut any Federal nutrition if you are in desperate times. my colleagues to vote ‘‘no’’ and defeat

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7373 the previous question. I urge a ‘‘no’’ increases. And it is unfair for the merely a procedural vote. A vote against or- vote on the rule. President to say they should have an dering the previous question is a vote I would again remind my colleagues increase in their copay. against the Republican majority agenda and that national security and national de- These people who are working at a vote to allow the opposition, at least for fense also has to mean the quality of these bases, they’re not making $50,000 the moment, to offer an alternative plan. It a year in a pension—they’d be lucky if is a vote about what the House should be de- life for people here in the United bating. States. they make that much money as part of With that, I yield back the balance of their salary. Those are the people that Mr. Clarence Cannon’s Precedents of the my time. we need to look after. It is the people House of Representatives (VI, 308–311), de- scribes the vote on the previous question on Mr. BISHOP of Utah. Mr. Speaker, I who make sure that we have a military that functions, not just those on the the rule as ‘‘a motion to direct or control the yield myself the remainder of my time. consideration of the subject before the House There are several things I wish to ad- front line, not just those in uniform, being made by the Member in charge.’’ To dress that have been brought up in the but also those who provide their serv- defeat the previous question is to give the last speech. The first one is, I was just ices and provide the material that they opposition a chance to decide the subject be- informed that by all means we prob- need to maintain this stuff. This bill fore the House. Cannon cites the Speaker’s ably will be here tomorrow and voting, moves that forward. ruling of January 13, 1920, to the effect that which really hurts my feelings. In one I hope that we do not have as a body ‘‘the refusal of the House to sustain the de- respect, I don’t have an upgrade on to- a myopic approach to the need for the mand for the previous question passes the morrow’s flight, so maybe it’s a good securing of this country, and we under- control of the resolution to the opposition’’ stand how significant this is. This is in order to offer an amendment. On March thing that we will be, but there are 15, 1909, a member of the majority party of- other times that we will be dealing one of the few responsibilities Congress has to do this year and every year. fered a rule resolution. The House defeated with these issues. the previous question and a member of the People have talked about the amount I want to just say one thing about the potential previous question. It’s opposition rose to a parliamentary inquiry, of money that’s going here. I hope asking who was entitled to recognition. not an issue of when we get a chance to Members of the House realize that 50 Speaker Joseph G. Cannon (R–Illinois) said: vote on it. We have voted on the pre- percent of all the cuts that have been ‘‘The previous question having been refused, vious question that the Democrats made by this administration have been the gentleman from New York, Mr. Fitz- would like to put in place of this. On made on the backs of the military, gerald, who had asked the gentleman to August 1, we did have a vote, the Levin yield to him for an amendment, is entitled to even though the military defense rep- of Michigan amendment. It was de- the first recognition.’’ resents less than 20 percent of the Fed- feated in this House in a bipartisan Because the vote today may look bad for eral budget. Military has, over the past manner, with 19 Democrats voting years, been cut and cut and cut again. the Republican majority they will say ‘‘the ‘‘no’’ on the amendment. Another vote vote on the previous question is simply a This increase over what the Presi- on this at this time is a redundancy; vote on whether to proceed to an immediate dent’s budget request was is only 0.3 it’s been done. Now let us move on to vote on adopting the resolution . . . [and] percent higher than the President’s do what this bill is supposed to do, the has no substantive legislative or policy im- budget, and it is less than last year’s conference report that solves the prob- plications whatsoever.’’ But that is not what authorization. I say that only as a fact, lems and puts us moving forward in our they have always said. Listen to the Repub- not something I think is good because defense authorization so that we actu- lican Leadership Manual on the Legislative I think we need to be spending more on ally do come up with the programs we Process in the United States House of Rep- what these people have to do. resentatives, (6th edition, page 135). Here’s need, not just for today but also for the how the Republicans describe the previous To say that the people in uniform future. It’s a good conference report. don’t want or don’t need the programs question vote in their own manual: ‘‘Al- It’s a good underlying bill. We need to though it is generally not possible to amend that are in here is unfair to them. They move forward. the rule because the majority Member con- have to say a specific line in the posi- In closing, Mr. Speaker, I would urge trolling the time will not yield for the pur- tions they are in. But the idea that you Members to support this rule, which pose of offering an amendment, the same re- wouldn’t take the cruisers that are is—I misspoke earlier, it is a standard sult may be achieved by voting down the pre- going to be expended in here and con- rule for all conference reports. I urge vious question on the rule. . . . When the tinue to keep those even though they them to support the underlying provi- motion for the previous question is defeated, were scheduled to be mothballed dec- sions of this conference report and of control of the time passes to the Member ades before their life span is over, or our bill because it is essential for our who led the opposition to ordering the pre- vious question. That Member, because he that you are using these funds to re- Nation’s defense. It is our core con- then controls the time, may offer an amend- structure the force structure of the Air stitutional responsibility, and we ment to the rule, or yield for the purpose of Force, which is critical to this country should not in any way, shape, or form amendment.’’ shirk that. so that we maintain the air superiority In Deschler’s Procedure in the U.S. House we have had since the Korean conflict, The material previously referred to of Representatives, the subchapter titled that is a ridiculous concept. by Mr. MCGOVERN is as follows: ‘‘Amending Special Rules’’ states: ‘‘a refusal This bill is about people. The gen- AN AMENDMENT TO H. RES. 840 OFFERED BY to order the previous question on such a rule tleman from Massachusetts has an air MR. MCGOVERN OF MASSACHUSETTS [a special rule reported from the Committee base, Hanscom, in his State—probably At the end of the resolution, add the fol- on Rules] opens the resolution to amend- not in his district, but his State. I have lowing new sections: ment and further debate.’’ (Chapter 21, sec- SEC. 2. When the House considers the Sen- air complexes. I have people who are tion 21.2) Section 21.3 continues: ‘‘Upon re- ate amendment to H.J. Res. 66, it shall be in jection of the motion for the previous ques- working on these issues. We have not order to consider a substitute amendment tion on a resolution reported from the Com- modernized our equipment, which consisting of the text of H.R. 15, if offered by mittee on Rules, control shifts to the Mem- means we have to have people working Representative Levin or his designee. ber leading the opposition to the previous on our air complexes to try to take our SEC. 3. It shall not be in order to consider question, who may offer a proper amendment antiquated equipment and restore it so a concurrent resolution providing for ad- or motion and who controls the time for de- journment or adjournment sine die unless bate thereon.’’ it can be useful, so that those who are the House has been notified that the Presi- put in harm’s way defending this coun- dent has signed legislation to prevent a tax Clearly, the vote on the previous question try at least have the vehicles and the increase on the middle class, and to avert on a rule does have substantive policy impli- resources available to defend them- the so-called ‘‘fiscal cliff.’’ cations. It is one of the only available tools selves and present the possible out- for those who oppose the Republican major- come. These are the people that are (The information contained herein was ity’s agenda and allows those with alter- provided by the Republican Minority on mul- going to be helped. These are the jobs native views the opportunity to offer an al- tiple occasions throughout the 110th and ternative plan. that are going to be helped by the pas- 111th Congresses.) sage of this particular bill. These are THE VOTE ON THE PREVIOUS QUESTION: WHAT Mr. BISHOP of Utah. With that, Mr. the people who get TRICARE, which IT REALLY MEANS Speaker, I yield back the balance of was given to them either as a bonus to This vote, the vote on whether to order the my time and move the previous ques- sign or given to them in lieu of salary previous question on a special rule, is not tion on the resolution.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7374 CONGRESSIONAL RECORD — HOUSE December 20, 2012 b 1330 Mr. DREIER. During consideration of Now, if you look at where we are The SPEAKER pro tempore. The this resolution, all time yielded is for today, we know 11 days from now we question is on ordering the previous the purpose of debate only. are going over the so-called proverbial question on the resolution. GENERAL LEAVE fiscal cliff. What does that mean? It The question was taken; and the Mr. DREIER. Mr. Speaker, I ask means that every single American who Speaker pro tempore announced that unanimous consent that all Members pays income taxes will see a tax in- the ayes appeared to have it. may have 5 legislative days in which to crease go into effect. We also know Mr. MCGOVERN. Mr. Speaker, on revise and extend their remarks on this there will be a massive sequester, that I demand the yeas and nays. resolution. which, as we have just passed the rule, The yeas and nays were ordered. The SPEAKER pro tempore. Is there and I guess we’re going to have a vote The SPEAKER pro tempore. Pursu- objection to the request of the gen- on that, as we’ve just debated the rule ant to clause 8 of rule XX, further pro- tleman from California? on the National Defense Authorization There was no objection. ceedings on this question will be post- Act, we know it could have a dev- Mr. DREIER. Mr. Speaker, I was just astating—devastating—impact on our poned. thinking about the fact that there are f national security. 26 letters in the alphabet, and we have We know, I think Democrat and Re- PROVIDING FOR CONSIDERATION had the first three letters used in dis- publican alike—not universally, be- OF SENATE AMENDMENT TO H.J. cussion here on the House floor today, cause I know there are some people Res. 66, PERMANENT TAX RELIEF A, B, and my friend from Worcester who do want to go over that cliff, but FOR FAMILIES AND SMALL BUSI- brought up the letter C in talking very few—I think Democrat and Repub- NESSES ACT OF 2012, AND PRO- about this. We have what is so-called lican alike by and large recognize that VIDING FOR CONSIDERATION OF letter B. And I’m not doing a Sesame increasing taxes on working Ameri- H.R. 6684, SPENDING REDUCTION Street skit here, Mr. Speaker. Letter B cans, in fact, will create a scenario ACT OF 2012 is what we are talking about, Plan B, which will impinge on our ability to and I think about Plan A. encourage the kind of gross domestic Mr. DREIER. Mr. Speaker, by direc- Plan A is what the majority in the product growth that is important for tion of the Committee on Rules, I call House of Representatives has been try- us and for our security as well, eco- up House Resolution 841 and ask for its ing for the last 2 years to implement, immediate consideration. and it’s, very simply, a plan that is de- nomic security and our overall na- The Clerk read the resolution, as fol- signed to put into place something tional security. lows: that, interestingly enough, Democrats So I think about my former Cali- H. RES. 841 and Republicans alike say that they fornia colleague, the now-Secretary of Resolved, That upon adoption of this reso- support. That plan is meaningful, Defense Leon Panetta, who said to this lution it shall be in order to take from the strong, bold plans for a simpler, fairer institution: Speaker’s table the joint resolution (H.J. Tax Code. Please do what you can to ensure that we Res. 66) approving the renewal of import re- The President of the United States don’t have that sequester take effect. Do strictions contained in the Burmese Freedom supports tax reform. I’m pleased that what you can. Work hard to try and make and Democracy Act of 2003, with the Senate sure that we can address abuse that’s taken amendment thereto, and to consider in the the President of the United States place within the Pentagon spending, but House, without intervention of any point of strongly supports the notion of taking have what is necessary for our national secu- order, a motion offered by the chair of the the top corporate tax rate from 35 per- rity. Committee on Ways and Means or his des- cent to 25 percent. That, again, is a So as we look at these issues, we’re ignee that the House concur in the Senate very positive area of agreement that going through a troubling time. We amendment with the amendment printed in we have. But I will say that we in the have divided government, something the report of the Committee on Rules accom- majority have been trying to put into panying this resolution. The Senate amend- that those nations that live under a place real, meaningful tax reform that Westminster-type system don’t have. ment and the motion shall be considered as can ensure that people will see reduced read. The motion shall be debatable for one We have a Democratic President and a rates, and we will generate enhanced hour equally divided and controlled by the Republican House of Representatives. I gross domestic product growth. chair and ranking minority member of the happen to believe that that creates an Committee on Ways and Means. The previous Coupled with that, our Plan A, Mr. Speaker, has been designed to bring opportunity. question shall be considered as ordered on I didn’t vote for Barack Obama for the motion to its adoption without inter- about a reduction in the size, scope, vening motion. and reach of the Federal Government. President of the United States, Mr. SEC. 2. Upon adoption of this resolution it And everyone knows what that means. Speaker, but I will say that I do believe shall be in order to consider in the House the Everyone knows what has to be done to that having a President of one party bill (H.R. 6684) to provide for spending reduc- reduce the size, scope, and reach of the and a United States House of Rep- tion. All points of order against consider- Federal Government, and that is real resentatives of another party does cre- ation of the bill are waived. The bill shall be ate an opportunity for us to work to- considered as read. All points of order entitlement reform. So Plan A consists, Mr. Speaker, of gether in a bipartisan way tackling en- against provisions in the bill are waived. The titlement spending. previous question shall be considered as or- two simple things: pro-growth tax re- dered on the bill and on any amendment form that will keep taxes low for indi- We know that if my party had won thereto to final passage without intervening viduals, job creators, and small busi- everything, it would have been tough motion except: (1) one hour of debate equally nesses in this country so that we can for us. It would have been tough for us divided and controlled by the Majority Lead- encourage that kind of job creation to because of the political attacks that er and Minority Leader or their respective which we all, Democrat and Republican would have taken place from the other designees; and (2) one motion to recommit. alike, aspire; and a reduction of the side of the aisle to take on entitlement The SPEAKER pro tempore. The gen- mammoth size of this behemoth, reform. But working together now that tleman from California is recognized which, as we all know, encourages a we have, again, a President of one for 1 hour. cycle of dependence which has been party and a House of Representatives Mr. DREIER. Mr. Speaker, for the generational, and it’s essential that we of another party, I believe that we can purpose of debate only, I yield the cus- turn the core of it. tackle this issue, and that’s really tomary 30 minutes to my very good So just getting our fiscal house in what we desire. I think it’s the right friend from Rochester, New York, the order dealing with the 16-plus trillion thing to do. distinguished ranking minority mem- dollar national debt is, again, only part We’re in the midst of very tough ne- ber of the Committee on Rules, Ms. of that. But encouraging individual ini- gotiations that are taking place be- SLAUGHTER, pending which I yield my- tiative and responsibility, creating tween two people, as we all know: the self such time as I might consume. pride in individuals by, again, paring President of the United States, Barack (Mr. DREIER asked and was given back entitlement spending is the right Obama, and the Speaker of the House permission to revise and extend his re- thing for us to do as a nation. That’s of Representatives, JOHN BOEHNER. And marks.) what Plan A consists of, Mr. Speaker. I want to express my appreciation to

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7375 my colleagues on the other side of the I also would like to say that we have The second of today’s underlying bills aisle. I’ve been in the minority. I’ve to remember that if you look at the ’01 makes responsible spending cuts that will help served in the minority up until—from and ’03 tax cuts that became public to rein in our deficit without compromising na- 1980 until 1994, 14 years I served in the law, part of that law, current law, Mr. tional security. Defense Secretary Panetta has minority, and from 2006 until 2010, for 4 Speaker, makes it clear that we actu- tirelessly exhorted Congress to avoid these years I served in the minority. And it’s ally would see those rates with the top draconian cuts to our military at all costs. We challenging. It’s not easy. rate at 39.6 percent. That’s part of the are absolutely committed to getting our fiscal But we are, as I said, 11 days away ’03 agreement that we had. So any ac- house in order. But we must do so in a way from going over the fiscal cliff, and we tion that we take that is less than that that does not sacrifice our security. The under- feel strongly about the need for this in- top rate of 39.6 percent, Mr. Speaker, is lying spending package makes essential cuts, stitution to state its position on this. I actually a tax cut, and we need to rec- while ensuring that we do not put our home- know that we’ve heard that the major- ognize that. land and our troops at grave risk. ity leader in the United States Senate, Mr. Speaker, what we’re doing here— We of course want to go much further than Mr. REID, has indicated that he doesn’t and I appreciate again the under- simply limiting the worst of the damage of the want to bring up, if this bill passes the standing of the minority—is simply fiscal cliff. We will continue to strive for a com- House of Representatives, this meas- trying to move ahead with this good- prehensive solution until the tremendous chal- ure, and the President has put out a faith negotiating process that Speaker lenges before us are addressed. These chal- Statement of Administration Policy BOEHNER and the President of the lenges will not be resolved in any sustainable United States are in the midsts of. I that this bill would not gain his signa- way until we substantially reform our tax code hope that in light of the balanced ap- ture. and deal with the fundamental insolvency of proach of this package, that we’ll be b 1340 our entitlement programs. But we would be ut- able—by the way, this package has en- terly derelict in our duty to first do no harm if I don’t think that anyone is con- joyed at least statements of support we failed to implement these critical stopgap vinced that the bill that we’re going to from Democrats in the past from both measures. pass here is one that is going to end up the House and the Senate—I hope that being the agreement, but it’s very im- this can be a positive step as we seek It is essential to recognize that current law portant in the negotiating process for to resolve just as quickly as we pos- raises taxes for every single Federal income work to proceed and for institutions to sibly can this question. tax payer on January 1. Every working Amer- stake their position. We all know that uncertainty is the ican, every small business owner, will face a We happen to believe that Mr. BOEH- enemy of prosperity; and our goal is, higher marginal rate 11 days from now. That NER has really made some bold steps in Mr. Speaker, to put into place a policy is the current law of the land. Today’s under- working to ensure that we do not go that will have the kind of certainty lying tax bill maintains current law for 0.19 over that fiscal cliff, and I think that that will encourage our job creators percent of taxpayers, while cutting taxes for we are in a position today where I and encourage those who are out there 99.81 percent. This is not a tax increase. It is think that the action that we will take seeking to get onto the first rung of a tax cut for very nearly everyone. Without it, will be a positive step to enhance the the economic ladder to have the kind we run the real and serious risk of plunging chance for a negotiated resolution to of opportunity that is necessary. our economy back into recession. this. With that, Mr. Speaker, I reserve the Today’s measures represent neither a com- I want to say that the process hasn’t balance of my time. prehensive solution nor the end of our efforts been perfect, and I’m not claiming that If the measures before us constituted the to reach one. It is simply action that must be everything that took place upstairs in Republican Plan A, they would be a package taken to protect our fragile economy and be- the Rules Committee last night was of sweeping tax and entitlement reforms. They leaguered workforce until a long-term solution perfect. But I will say, look at what it would provide considerable new revenues can be reached. is that we’ve included: basically a re- through economic growth and a simpler, fairer I urge my colleagues to support this rule duction of $238 billion over 10 years in tax code. They would rein in our ballooning and the underlying legislation. the reconciliation package that passed deficit by making our entitlement programs Ms. SLAUGHTER. Mr. Speaker, I this House of Representatives earlier solvent over the long term. Together these thank my colleague for yielding me the this year. The measure that we have critical initiatives would put our economy back time, and I yield myself such time as I before us that is going to be debated on the path toward prosperity and opportunity. may consume. separately is one that is actually pared For two years, this Republican Majority has Mr. Speaker, today we’re watching back from the measure that passed the worked tirelessly to enact Plan A. We have House of Representatives. The only an attempt to perpetuate a hoax. To passed dozens of bills. Speaker BOEHNER has everybody watching, I want to say to changes that have been made have been spent countless hours negotiating with Presi- made to accommodate the date change, you don’t bother to take notes, no need dent Obama. All in an effort to advance our to call the family to see history being putting in this month of December in Plan A. I still have hope that we will reach an made here. Just move along. There’s place of the earlier month this year agreement that will substantially achieve the nothing happening here. We’ve got this when the debate took place. goals that we have outlined: growth and bal- plan that doesn’t come anywhere close We know what this is. And for those anced budgets through meaningful tax and en- to being a solution to the fiscal cliff. who might claim that the so-called titlement reform. ‘‘reconciliation package’’ that we have But the measure before us today is not Plan It’s a political gimmick, and all of us is imposing draconian cuts which will A. It is Plan B. Time is running out. We are recognize that it has no chance whatso- be devastating for those who are strug- 11 days away from the end of 2012. 11 days ever of becoming law. gling in this country, I remind them of away from our last opportunity to avoid the so- The process that has brought us here the alternative, which happens to be called fiscal cliff. 11 days away from significant has been equally shameful, more befit- the sequester. It’s our hope that this tax increases on every single tax payer in ting a developing country than the reconciliation package, Mr. Speaker, America and devastating cuts to our military. greatest democracy on Earth. It has will play a role in ensuring that the se- The Members of this body may disagree on been absolutely painful to watch the quester that would be devastating—I many things, but we all agree that the across- otherwise responsible Members of the acknowledge it would be devastating— the-board tax rates that become effective on majority play their assigned roles, pre- does not take place. This is the alter- January 1 will have a very damaging effect on tending that what we did last night native to the sequester, Mr. Speaker. our frail economy. The first of today’s under- was normal and legitimate. Last night The package that we have will, in lying bills is a safeguard against the most det- we saw one of the greatest mis- fact, see rate increases for those earn- rimental aspects of the fiscal cliff. It extends carriages of the democratic process in ing in excess of $1 million. That’s .19 the 2001 and 2003 tax cuts for the 99.81 per- my time on the Rules Committee. Fac- percent of the American Federal in- cent of Americans who make less than $1 mil- ing the impending fiscal cliff that come taxpayers. That means that all lion a year. This action protects the middle could devastate our economy and harm the rest of the Americans, an over- class and virtually all small businesses. No millions of Americans, the majority whelming majority, will actually avoid other single action would go further to mitigate decided to cobble together last-minute seeing that tax increase go into effect. the crisis that is looming before us. legislation on a wing and a prayer.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7376 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Last night, the Rules Committee to get Medicare did she have the peace we will actually go over it, except I’m spent most of the evening debating leg- of mind that most of us take for grant- not really clear on what we’re doing islation that we’ve barely seen. We ed that she was eligible to be covered. here today unless that is to cut and were told that there would be two bills. Why in the world do we keep trying to run. Yet, in the process, the majority Two bills actually were filed at mid- be the only industrial country that has presided over a shameful legisla- night on Tuesday. One of them dis- does not take better care of its people tive circus not worthy of this institu- appeared. And in the waning hours, than that? tion. When our Nation is in desperate even while the debate on the rule was Finally, 2 million Americans would need of serious solutions, the majority taking place, a third was dropped into lose their unemployment assistance is doing everything in its power to our laps. It turned out to be a warmed- right here at the holiday time. As I avoid finding the answers. over bill that went through the House said before, the nutrition assistance I strongly oppose this hoax before us. of Representatives in May destroying program would be gutted. Those unjust I urge my colleagues on both sides of health care, food stamps, and almost cuts would leave millions struggling to the aisle to oppose the rule and the un- every other possibility of people in the pay their bills and put food on the derlying legislation. country to survive. That’s how the ma- table. I reserve the balance of my time. jority wants to solve the greatest eco- The Americans that we’re talking Mr. DREIER. Mr. Speaker, I yield nomic threat facing our Nation. about, those that will be suffering, are myself such time as I may consume to With nothing less than millions of not the ones that caused the problem associate myself with the remarks that jobs on the line, does the majority real- in this country. They had nothing to do my good friend from Rochester has ly believe that passing a bill in less with financial services and the she- made as it relates to the sequester. I than 24 hours that will do absolutely nanigans that were played that agree with her completely, Mr. Speak- nothing is responsible governing? brought us to our knees. Yet, contin- er. It is very important that we not let Today we’re prepared to vote on this ually, this House asks them through the sequester take place, and I hope legislation and, I think, possibly ad- the majority side to pay the price. and believe that she is right, that we journ for the final time this year. If will not see that happen. b 1350 this is the majority’s final attempt to Number two, I’d like to associate my- reach a compromise, then our Nation Enough already. They’re not to self with her remarks as it relates to does indeed face frightening times. If blame, and they should not be put on ensuring that we do not go over the fis- no compromise is reached, we may face the block. cal cliff. That’s something that is very, the greatest displacement of workers Sadly, just days ago—Tuesday, in very desired on our part as well. since 1929 as sequestration takes effect fact—it appeared that President Obama I’d also like to respond to just one and forces countless layoffs. How dev- and Speaker BOEHNER were close to a point very quickly, Mr. Speaker, before astating is that to a recovering econ- fiscal cliff compromise. President I yield to my good friend from Rose- omy? Every American knows we can- Obama had made concessions, some ville and say that I can provide my not let this happen; and, frankly, I be- that, frankly, as I pointed out, our side friend from Rochester, our distin- lieve that every Member of Congress is not that crazy about, but in the guished ranking member of the Rules knows that we never would let it hap- blink of an eye, the House majority de- Committee, assurance that we will not pen. But after last night, I’m not so cided to walk away in 51 seconds, an- be adjourning the Congress today and sure. nouncing what they were going to do in ending our work. I have said—I said in This is not a serious solution to a take-it-or-leave-it manner and intro- the Rules Committee, Mr. Speaker— avoid economic catastrophe. It’s just duce this political hoax that is before that we are going to continue with our one last attack on the poor and the us today. work. middle class right before we tumble off Mr. Speaker, don’t anybody be The action that we are going to take together over the fiscal cliff. Today’s fooled. The American people know bet- relates to these two measures: again, bill contains many dangerous provi- ter. They see through this. They know the reconciliation package, which is sions. I mentioned part C that we got that a compromise means that we must designed to ensure, as my friend from last night, the old warmed-over bill meet in the middle. Unfortunately, the Rochester has said, that we don’t see providing an average tax cut of $50,000 majority continues to think, if they sequestration, which we all know for millionaires and billionaires. Mean- pass extreme legislation and then run would be devastating if it were to take while, the 25 million working families for the hills, the rest of us will be effect. It is a package of $238 billion would pay an average of $1,000 more on forced to give in. over a 10-year period of time. It is a taxes; 11 million families would lose a We’ve seen similar antics from the very responsible measure that is not tax credit that helps to pay for college; majority throughout the 112th Con- going to be gutting programs but is drastic cuts would be made to Medi- gress—from holding the full faith and going to responsibly begin to tackle en- care; and the important provisions of credit of this Nation hostage for the titlement reform. the Affordable Care Act would be no first time in its history and losing our Ms. SLAUGHTER. Will the gen- more. They simply could not adjourn credit rating to voting 33 times to re- tleman yield? this year without one last attempt to peal health care reform. The majority Mr. DREIER. I yield to the gentle- destroy the health care bill that will has continually advanced a cynical and lady from New York. provide health care for millions more partisan agenda at the expense of our Ms. SLAUGHTER. I appreciate your Americans, many covered by insurance Nation’s welfare. Given this, there is yielding. that they have never been able to have little surprise that the approval rating I appreciate your giving us your as- before. for Congress is at an all-time low and surance, but I do recall that Mr. During my last election, which oc- that historians have said it is the least MCGOVERN and I, both in our turns, curred last month, I met more than productive Congress in our history. asked last night for assurance that the one person who told me that they had Mr. Speaker, in the election just last bill that we were looking at was the been born—there is one person who month, the American people made bill we were going to vote on, and all sticks out in my mind—she had been their voices heard. When asked to we got was doublespeak. So, while I ap- born with cerebral palsy, Mr. Speaker. choose between an extreme agenda preciate your giving me your assur- She told me that her whole life, while that took care of the millionaires and ance, I think I’ll give it back to you. she brought up a family, lived her life billionaires at their expense, they said Mr. DREIER. If I could reclaim my driving a car, cooking, moving, every- ‘‘no’’ in that they wanted not to be time, I will say again that I have thing that we all do and take for grant- going over a fiscal cliff, and they have served as long in the minority as JOHN ed in life, she had to do without any made that very clear. DINGELL. I have served longer in the health insurance because having been I think of what we have done to just minority in this House, Mr. Speaker, born with cerebral palsy, she had a pre- the economic future of this country by than the dean of the House, JOHN DIN- existing condition that prevented it. It debating this fiscal cliff as long as we GELL, has served, and I understand. I’ve was not until she was 65 and was able have, but I don’t believe, as I said, that served 18 years in the minority, and I

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7377 understand that it is challenging, and I increases is tantamount to raising The Republicans are tying them- respect that fact. To say that as we’re them on others. For a lifeguard who selves into knots. But in doing so, dealing with the very end of this ses- sees 10 swimmers drowning off his they’re tying into knots the chances sion that we’re not trying to get to an beach, if he can only save nine of them, for our Nation not going over the cliff. agreement is a mischaracterization of that doesn’t mean he has drowned the Vote ‘‘no’’ on these bills that take us where we are. 10th one. And no lifeguard would be backwards, that undercut trust, that I’ve associated myself with the re- worth his pay if he said, Well, my prin- increase the chances of going over the marks of my friend from Rochester as ciple is that nobody should drown off cliff. This is not a plan; it’s a ploy. it relates to our quest to ensure that my beach; therefore, as a matter of Mr. DREIER. Mr. Speaker, I’d like to we don’t see the sequester take effect principle, if I can’t save them all, then inquire of my friend how many speak- or that we go over the fiscal cliff, and I won’t save any. ers she has remaining. It looks like she to say that the package that we have As Americans watch as thousands has a couple at least. I reserve the bal- that deals with the reduction of $238 and thousands of middle class jobs are ance of my time, Mr. Speaker. billion over a 10-year period of time is, sacrificed on the ideological altar of Ms. SLAUGHTER. I’d be happy to again, virtually identical to what Obamanomics next year, I think this tell you. We expect four. I yield 3 min- passed this House. It has actually been country will be a lot sadder and a lot utes to the gentleman from Massachu- reduced by 100 pages. It’s much smaller wiser, but until then, let’s save who we setts (Mr. MCGOVERN), a member of the than what was passed in May by this can. Rules Committee. House, and I believe that it’s a package Ms. SLAUGHTER. Mr. Speaker, I am Mr. MCGOVERN. I thank the ranking that is, again, one that can responsibly pleased to yield 3 minutes to the dis- member for the time. be a first step towards something that tinguished ranking member of the Mr. Speaker, just when I thought the we all know does need to be done. As I Committee on Ways and Means, the process in this House couldn’t get any talk to Democrats, there is recognition gentleman from Michigan (Mr. LEVIN). worse, last night in the Rules Com- that entitlement reform has to take (Mr. LEVIN asked and was given per- mittee the Republicans reached a new place, and so I believe that that is the mission to revise and extend his re- low. We originally were told that we right thing to do. marks.) were meeting on the Speaker’s so- With that, Mr. Speaker, I would like Mr. LEVIN. This is an important mo- called ‘‘Plan B’’ tax bill, which con- 1 ment. These bills move the Nation dan- to yield 2 ⁄2 minutes to my very good tinues the proud Republican tradition gerously closer to the cliff with only 11 friend, a very, very strong budget of protecting tax cuts for the wealthy days before our Nation would go over hawk, my fellow Californian, Mr. at the expense of middle class families it. They make finding common ground MCCLINTOCK. and poor people. Mr. MCCLINTOCK. I thank my friend far more difficult with only 11 days left But then we were told there would be for yielding. to find it. These bills are not a plan; a new bill, some kind of magical mys- Mr. Speaker, the debate over the fis- they’re a ploy. They are bills to no- tery bill that was introduced in the cal cliff has become so hyperbolic that where. They undermine trust so essen- middle of the hearing. Now I’m not I’m afraid we’re losing touch with com- tial for agreement. We’ve just heard it. sure what to call this one, Plan B.2.0 mon sense. The Republicans claim that letting maybe? Plan C? The We-Don’t-Really- Contrary to many press accounts and the tax rate go up from 35 to 39.6 per- Have-a-Plan Plan? many statements by Members, there is cent on income over $1 million is not a It turns out that the magical mys- no bill before the Congress that pro- tax hike because it would happen on its tery bill is similar to the reconcili- poses raising taxes on millionaires or own. But then they say that if the tax ation bill the Republicans brought to anybody else. There is a law that takes cut rate would go up on income below the floor a couple of months ago. That effect on January 1 that will raise $1 million by happening on its own, it bill was a bad idea then, and it’s a bad taxes on millionaires and small busi- would be the biggest tax increase in idea now. nesses filing as millionaires and on ev- history. That is patently inconsistent. erybody else, and there is a bill to pro- It cuts $36 billion from the SNAP tect everybody else from that law, b 1400 program, taking food off the table of which is the issue before us today. But far worse than the hypocrisy is struggling Americans. Millions of The President says he wants to pro- the way they design their tax provi- households would see a cut in their tect everybody except those greedy sions. For those with income over $1 benefits. Millions of families would millionaires and billionaires. Well, million, they provide a tax cut of at have less food tomorrow than they do that’s precisely what this bill does, and least $50,000. today. And hundreds of thousands of yet he has vowed to veto it. The truth They raise only one-third of the rev- kids would lose their access to free is he wants to sock everybody who is enue contained in the Speaker’s discus- school meals. That’s the Republican making over $200,000. Now, that in- sions with the White House and far less idea of a Christmas present. It’s cludes 1.3 million small businesses fil- than proposed by the President. Talk enough to make Ebenezer Scrooge em- ing under subchapter S. That’s 84 per- about undermining trust. barrassed. cent of net small business income. It would raise taxes on 11 million The bill threatens Medicare, chil- That is precisely the income that they middle class taxpayers—11 million— dren’s programs, education, infrastruc- use to produce two-thirds of the jobs in through their failure to continue the ture. In short, it threatens our econ- our economy. education credit, and they hurt mil- omy as a whole. And at the same time, The Congressional Budget Office lions of other middle class families it not only protects the Pentagon warns us that Mr. Obama’s ‘‘eat the with their failure to keep the improve- budget, It increases it by billions of rich’’ crusade will actually result in ments to the child tax credit and the dollars. Does anyone here really be- throwing 200,000 middle class families earned income tax credit. lieve there’s not a single dollar to be into unemployment. Ernst & Young es- And there is stony silence, indeed saved anywhere in the Pentagon? timates 700,000 lost jobs. stone-hearted silence, on 2 million un- Mr. Speaker, the American people House Republicans now have a choice employed workers looking for work have spoken. They’ve made it loud and in that we can try to save as many who would lose their insurance imme- clear that they want a balanced ap- Americans from these ruinous tax in- diately on December 29. And silence on proach. They want an approach that creases as the President will permit or the 27 percent cut to doctors treating asks the wealthiest, the most fortunate we can end up at an impasse that Medicare patients. Americans, to pay a little bit more, assures taxes go up on everyone. So let And in a deeply cynical move, so cyn- and that protects our seniors, our chil- us pass this bill. If it doesn’t work, ical, the Republicans have decided to dren, and our most vulnerable neigh- then let’s pass it at whatever level the offer another bill to put off some of the bors. But the Republican leadership of President will agree to. It’s not as if we sequester in defense. And they pay for this House refuses to listen. haven’t repeatedly warned him. it how? By deep and ugly cuts to im- Mr. Speaker, let me say another Some of my conservative colleagues portant programs impacting seniors, thing about this process. I would say to say that sparing some people these tax kids, and disabled Americans. my Republican freshman colleagues

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7378 CONGRESSIONAL RECORD — HOUSE December 20, 2012 that you rode to power on a wave of ing card. I’d be interested in knowing would happen in a conversation like outrage over the way the House con- what folks who’ve listened to this de- this. ducts its business. I remember the lec- bate believe is happening in this under- Almost to a person, every Demo- tures and the promises and the things lying tax bill, because I’ve been told by cratic member in that Rules Com- that you said would change. I would some of the speakers on this floor that mittee and those testifying said, All we say to those freshmen: you own this this tax bill throws Americans off un- have in front of us tonight is a tax bill. now. You have officially become part employment; when, in fact, it does no All we have in front of us is a tax bill, of the problem, if not the problem. such thing. No such thing. and every American knows the problem A vote for this rule is a vote for an Do we need to deal with unemploy- isn’t taxes. The problem is too much outrageous abuse of power and a vote ment? Yes, we do—in an unemploy- spending. Where are the spending cuts? against transparency and openness, ment bill. And so the Rules Committee staff and it’s a vote against accountability. I’ve been told that this tax bill cuts went to work immediately, Mr. Speak- Finally, Mr. Speaker, let me just say payments to doctors. It does no such er, and found a package, not that had this. My Republican friends have made thing. There’s not one line in this bill never been seen before, not that had it unfashionable to worry about the that does any such thing. Do we need never been read before, not that had poor and the elderly and the vulner- to deal with Medicare and SGR? Of never been vetted before, but one that able. That’s crystal clear in the text of course we do. had passed this body in a bipartisan what we’re debating here today. I urge Do we need to jumble all of these way. my colleagues not to turn your backs things together in a straightforward They said, You know what? The criti- on the most needy. Let’s balance our tax bill? The answer’s no. cism from my colleagues is right. We budget in a way that doesn’t lower the I’m told by my friend it’s not just do need to do this, and we did. quality of life or decrease the standard stony silence on these issues; it’s stone The SPEAKER pro tempore (Mr. of living for people of this country. We hearted to be silent. WOMACK). The time of the gentleman can do so much better. Instead of doing Who is it, Mr. Speaker, who believes has expired. this, you should be negotiating with it advances the debate, this hard, com- Mr. DREIER. Mr. Speaker, I yield my the President. Go back to the negoti- plicated debate we have, who believes friend an additional 30 seconds. Mr. WOODALL. I thank my chairman ating table and stop the games. we advance it by calling the absence of for the additional time. Mr. DREIER. Mr. Speaker, at this a nongermane provision stone hearted There is a sense out there in this time I’m happy to yield 5 minutes to on the part of the authors? Don’t tell country that folks in Washington, D.C., my friend from Lawrenceville, Georgia me about violating trust. Don’t tell me just want to argue about things, that (Mr. WOODALL), a very hardworking, about how it is folks ought to work co- they don’t want to solve anything at thoughtful member of the House Rules operatively together. We have that op- all. Committee. portunity right now, and folks are You all made absolutely accurate Mr. WOODALL. Mr. Speaker, I thank throwing it away line by line by line. criticisms last night that I’m glad we my chairman for yielding me the time. My friend from the Rules Committee took steps to correct. We have a I came down here to talk about tax comes to the floor, Mr. Speaker, and he policy and my support for the rule, Mr. straightforward tax bill today. We have says this bill throws folks off food a straightforward sequester replace- Speaker; but I’ve got to tell you, when stamps. Nonsense. Nonsense. folks back home ask me what’s wrong ment bill today. Every single time I go to the town Mr. Speaker, this isn’t the wrong way with this place, I’m going to start play- hall meeting, Mr. Speaker, folks be- to do things; this is the right way to do ing them a clip of this debate because lieve if only we eliminate the fraud in things. And with only 11 days left to there’s a serious topic on the floor government, we’ll balance the budget. prevent all American families from right now. This fiscal cliff, I don’t Now, due to spending that both sides of having an unprecedented tax increase, think there’s a man or woman in this the aisle are responsible for, we’re way let’s pass these bills. Let’s pass this room with a voting card who doesn’t far out of balance. Fraud won’t do it, rule. Let’s get to debate on the under- believe this is a serious issue for our Mr. Speaker. That’s not going to be lying resolutions. economy, for working families, and for enough. Ms. SLAUGHTER. Mr. Speaker, I am small businesses that we’re counting b 1410 pleased to yield 2 minutes to the gen- on bringing us out of this recession. I tlewoman from New York (Ms. believe every man and woman in this But what the underlying bill does to VELA´ ZQUEZ), the distinguished ranking request to eliminate the defense se- room believes that. member of the Committee on Small And yet as we’re down here trying to quester cuts that President Obama’s Business. have that discussion, in the short 11 Secretary of Defense has called so dan- Ms. VELA´ ZQUEZ. I thank the gentle- days we have left to sort that out, I gerous, it says the only people who lady for yielding. hear that our tax package, which does should get food stamps are people who Mr. Speaker, I rise in opposition to exactly what the President has asked, qualify for food stamps. That’s right. this rule and the underlying legisla- though not the levels that he asked for The underlying bill says the only folks tion. This measure punishes working it, it picks winners and losers. He cam- who should get food stamps are those families just to deliver more tax paigned on that platform. I think it’s who qualify for food stamps. breaks for the wealthy. wrong. I think we ought to keep tax Now, it turns out, Mr. Speaker, like Under this legislation, those making rates low for everyone, but the Presi- every Federal program, there’s some over $1 million a year will receive an dent says no. The President says we fraud, and so some folks are receiving average tax cut of $50,000. That is not ought to pick some folks who win and taxpayer-sponsored benefits today who the 1 percent. It is the top one-third of some folks who lose, and this tax bill have not earned them, who do not find the 1 percent. Meanwhile, 25 million does that. But it just deals with taxes themselves entitled to them by virtue working families will pay an average of because, as my friend from Massachu- of their circumstances. And because $1,000 more in taxes. setts reminded me, when I ran as a part this underlying bill aims to eliminate For those families that are strug- of this freshman class, I said let’s try that fraud, folks come to the floor and gling to find work in this difficult to make things more simple here. Be- say, Why in the world are Republicans economy, this bill is equally bad. Two cause we all know what happens at the throwing hungry people out during million Americans will lose unemploy- end of the year. Anybody who’s Christmas? ment benefits next month, pushing watched this process in December It’s outrageous, Mr. Speaker, that we them out into the cold. knows those Christmas tree bills that can’t have a conversation about serious Retirees and seniors will also be come rolling to the floor where you things in a serious time. The outrages hurt. With a 27 percent cut in Medicare handle 100 different unrelated things at that my colleagues on the Rules Com- payments, 50 million seniors will see one time. mittee point to from last night, I tell their health care endangered. Well, Mr. Speaker, I’d be interested you, Mr. Speaker, what happened last Mr. Speaker, what the American peo- in polling folks who don’t have a vot- night is exactly what I would hope ple are watching right here right now

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7379 is a tragic comedy, because the other Social Security benefits because we traction in the United States Senate. I side knows quite well that, even if this thought there was a deal. I can’t agree thank the gentleman for his work, but legislation passes the House today, it is with that at all, cutting Social Secu- what I’m suggesting is there is no se- going nowhere. So here we are, with rity, and I can’t agree with recalcu- quester plan. There was no sequester time running out, rather than coming lating how a senior gets their check. plan with the Plan B. And as I was say- up with real compromise, we are play- But I will tell you that this plan ing, if I can quickly go back, Madam ing another game of political charades. raises taxes rather than reduces it, as Ranking Member, without this plan, That is not what the American people the President wants to do, as this what we leave in place with Plan B, want us to do. House of Democrats wants to do, as the which really troubles me, coming from I urge my colleagues, reject this bill Senate bill, where 180-plus Democrats the Texas Medical Center and meeting so we can come up with a solution that have signed. This raises taxes $1,000 on with the hospital before I left Houston, becomes law, addresses our fiscal chal- 25 million working families. it cuts reimbursements for doctors see- lenges while protecting working fami- And then there is a mysterious bill ing Medicare patients by 27 percent. lies. that, I guess, suggests that we are in Fifty million Americans will then have Mr. DREIER. Mr. Speaker, may I in- the business of making cuts. But you their health care in jeopardy. It cuts quire of the Chair how much time is re- know what that will do? nutrition plans, food stamps. There is maining on each side? And by the way, there’s no sequester no plan. The SPEAKER pro tempore. The gen- plan in this plan that is here. It cuts My quiet comment, Mr. Speaker, as I tleman from California has 7 minutes education, research, and national secu- close, it is in disappointment. It is not remaining. The gentlewoman from New rity; but it also cuts the hardworking in shrill debate. It is simply in dis- York has 141⁄2 minutes remaining. Americans who are yet employed, and appointment. Because we have Ameri- Mr. DREIER. So I think the gentle- it cuts off 2 million of them, unemploy- cans who are looking to us to work woman from New York (Ms. SLAUGH- ment insurance. It cuts out doctors. with the President, to work with the TER) might want to exhaust some of The SPEAKER pro tempore. The Speaker, to go forward on the plan that the speakers she has. time of the gentlewoman has expired. was offered on Monday—at least for us I reserve the balance of my time. Ms. SLAUGHTER. I yield the gentle- to debate—and to find a way to be able Ms. SLAUGHTER. Mr. Speaker, I lady another minute. to respond when people like those vic- yield 3 minutes to the gentlewoman Ms. JACKSON LEE of Texas. I thank tims of Hurricane Sandy and Newtown, from Texas (Ms. JACKSON LEE). the gentlelady. Connecticut, call on us. That’s all I’m Ms. JACKSON LEE of Texas. I thank Twenty-seven percent. asking my colleagues, is that you work Mr. DREIER. Mr. Speaker, may I ask the gentlelady, the ranking member with us. from the Rules Committee, and I thank my friend to yield? I will yield her an Mr. DREIER. Mr. Speaker, I reserve the chairman of the Rules Committee. additional 30 seconds. the balance of my time. Mr. Speaker, when I mention the Ms. JACKSON LEE of Texas. I will be Ms. SLAUGHTER. Mr. Speaker, I words Hurricane Sandy and the trag- happy to yield to the gentleman. yield myself 30 seconds to say that it Mr. DREIER. I just wanted to in- edy in Newtown, Connecticut, many has been said here before that the bill quire. I didn’t understand this ‘‘there is would wonder what do they have in that mysteriously appeared last night no sequester here.’’ We’re dealing with common? The enormous gun tragedy, a had passed the House in a bipartisan the threat of a sequester, and our idea loss of 26 lives, and Americans suf- way. Let me point out it was bipar- is $238 billion in spending reductions fering from a devastating storm. Cer- tisan opposition. No Democrat voted within the reconciliation bill that tainly our hearts go out for those ba- for it and 16 Republicans voted ‘‘no.’’ bies who were lost. But it really speaks passed the House last May is what I am pleased to yield 1 minute to the to Americans in need. And I guess we’re including. So I just didn’t under- gentleman from Michigan (Mr. stand, if I could just ask my friend. that’s why I’m so troubled to be on the PETERS). And I’m happy to yield her an addi- floor today, because the framework Mr. PETERS. Mr. Speaker, I rise in tional 30 seconds, Mr. Speaker. that we have says to America that opposition to this rule and the under- Ms. JACKSON LEE of Texas. I thank when you’re in need, we will not, as lying bills. the gentleman for his inquiry. In the dead of night, 5 days before this Congress and as this government, When we started out with the Plan B, Christmas, House Republicans released be prepared to help you. there was no sequester plan. Obviously, I think what is disappointing—and I legislation that they are rushing to the there was a mysterious offering last know for the Speaker it is probably the floor to gut funding for health care, evening. same case as I’m speaking, because just Mr. DREIER. If the gentlewoman food assistance, and other vital social about 3 days ago we thought there was would further yield, let me just say services. Christmas is a season of giv- a deal between the White House and that there is a plan to respond to the ing, but sadly, Republicans are tak- the framework that was offered and the sequester, and that is the $238 billion ing—taking food off the table for mil- leadership of this House. It’s dis- reduction over a 10-year period of time lions of American families that are appointing that, in the course of a cou- that is the reconciliation bill that was struggling in these tough economic ple of days, we’ve come to a situation passed by the House last May. times by cutting food assistance by $36 where this plan, Plan B, raises only Ms. JACKSON LEE of Texas. Re- billion, taking the unemployment life- about $300 billion from high-income claiming my time, I thank the gen- line away from more than 2 million households, and the Center on Budget tleman. Americans who are trying to get back Priorities suggests that millionaires In the original Plan B that I assume on their feet, and taking funding away will get $108,500 per million, over $1 the Rules Committee was to address from block grants that provide protec- million in tax cuts. last evening through the distinguished tive services for abused children. Why But what will the middle class get? chairperson, there was no sequester would Republicans insist on taking so Plan B allows the old pre-Bush—or plan. We were in a posture of cutting much away from our families during Bush tax cuts to continue the itemized education and research. this holiday season? So they can give deductions for the rich, giving them Yes, you are right. In the creative an average $50,000 tax break to million- more opportunity to keep their money. work of your staff, as you said right aires. In fact, we will lose $400 billion, under here on the floor of the House, late into I urge my colleagues to stand up for this plan, in high-income revenues. the night you found the reconciliation millions of children, workers, and fam- Disappointing. that had been addressed in the sum- ilies that are facing a real cliff. Vote But at the same time, there is a mer, I believe, and all of us, a lot of us, ‘‘no’’ on the rule and the bills. thought that we should cut Social Se- voted against it. Mr. DREIER. Mr. Speaker, at this curity by changing the way Social Se- time I am happy to yield 2 minutes to curity is calculated, so that if a senior b 1420 a very thoughtful colleague from the buys cheap food, that means they need All of us voted against it, and we un- Ways and Means Committee, Mr. cheap Social Security, and we cut their derstand that that plan will have no TIBERI.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7380 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Mr. TIBERI. Let’s review real quick you how this fiscal cliff affects the b 1430 here for everybody. We have a fiscal physical cliff. The National Institutes Now, knowing that this fiscal cliff cliff occurring at the beginning of next of Health is the agency that comes up was going to take place for well over a year—12 short days. That means taxes with research dollars that allows our year now—in fact, people have seen it go up for everybody who pay taxes and lives to be extend and bettered. At coming long before then—the President across-the-board spending cuts. The Duke University there is a great lung has not acted in good faith and put al- Democrat alternative, the Levin bill, transplant program, headed by Dr. ternatives on the floor for us to vote was rejected on a bipartisan basis ear- Robert Davis. Duke needs more money on. lier this year. Our preferable bill has to perfect their lung transplant pro- What we’re doing here today is three been rejected in the Senate. The gram that’s the best in the country. things. Number one, we are moving a Speaker and the President have been But still, it’s only a 50 percent chance centralized negotiation back to where talking, but the President hasn’t been that a person will live 8 years with a it should be, a decentralized basis so serious. Not a dollar for cuts and a dol- lung transplant because the trans- that 435 House Members can vote, can lar for revenue. planted lung tends to be rejected. They speak on it and express their opinion. Today is an attempt to try to save don’t know why. They need know find Now, hopefully, beyond that, the Sen- out it. It’s National Institutes of most Americans, Mr. Speaker—99.8 per- ate can take it and amend it and Health funds that will find out and give cent of Americans—from seeing their change it and do whatever they want, people a chance to breathe and live. taxes go up. Three-quarter of a million but this debate belongs inside the small business owners will see their In my hometown of Memphis there’s research at the Methodist Hospital. We United States Capitol. What the Speak- taxes go up if this plan isn’t passed er is doing today is giving us that op- versus the Levin bill. Those three-quar- have Dr. James Eason, one of the finest liver transplant doctors in the country. portunity. ter of a million small business owners Last year, we heard so much about But throughout the country there are employ many, many tens of thousands the 99 percenters. This is going to give people in places like St. Jude Chil- of people in America who are the mid- tax relief to those 99 percent, and it’s dle class. dren’s Research Hospital in Memphis finding cures for childhood cancers and permanent. I know how long it’s taken The bill before us is a comprehensive us to do something with the death tax. bill. Mr. Speaker, it gives us certainty. childhood catastrophic illnesses. This bill cuts funds to the National Insti- That is in this bill. In the Ways and Means Committee This is good for the economy. It’s tutes of Health. They should not be cut we’ve heard testimony after testimony good for economic growth, and I urge a ever. They should be increased. And from business owners, Give us cer- ‘‘yes’’ vote on the rule. some of the funds that they are miss- tainty. The Democrat alternative is a Ms. SLAUGHTER. Mr. Speaker, I ing are the funds that will go to people year. It’s not even comprehensive. It can’t say it enough, today’s legislation earning over $400,000 and up to $1 mil- doesn’t even include the estate tax. is a step backwards in the effort to find lion that tax relief is being given to. We’ll be right back here again Decem- a fiscal cliff compromise. Plan B, Plan They don’t know right now that they ber of next year for the 1-year patch. C, neither one of them are serious pro- might not be the people that need that This gives us certainty. This gives em- posals but a gimmick designed to get lung or that liver transplant or some ployers certainty. This gives jobs cre- headlines. By using the Halls of Con- other medical science cure or dis- ators certainty. It gives Americans gress to play political games, the ma- covery. But there are people out there who pay the alternative minimum tax in the lottery of life that will. This bill jority is making it harder to find a certainty that they won’t ever pay it doesn’t take that into consideration. commonsense and bipartisan solution again. Any bill that cuts funds to the Na- to the impending fiscal cliff. Mr. Speaker, this is the right medi- tional Institutes of Health will eventu- The time for these games is over. It’s cine for 99.8 percent of Americans to ally cut people’s lives short—and the time that the majority comes to the prevent them from seeing their taxes quality of their life—because it’s table with a serious proposal that re- go up on January 1. And it gives us an through research funded at the Na- flects the wishes of the American peo- opportunity the next session of Con- tional Institutes of Health that we find ple. gress to provide comprehensive tax re- these cures and these new procedures. Nobody wants to see the taxes raised form that will simplify our Tax Code, Doctors need to be paid, hospitals need on 25 million working families. As I that will give us even more certainty, to be paid, research needs to be under- said earlier, they seem to be called and more competitiveness to our em- taken. upon to pay the price for the fiscal ir- ployers so the middle class can grow I believe the President has gone a responsibility of the financial district. and prosper and we can improve our great distance on the fiscal cliff to get The American people don’t want to economy. to $400,000. He’s even talked about cut- see hundreds of thousands lose access Ms. SLAUGHTER. Mr. Speaker, I am ting some programs that deal with the to nutritional programs, and I sure can delighted to yield 3 minutes to the gen- most vulnerable people, the poorest, on tell you that they don’t want to see tleman from Tennessee (Mr. COHEN). Social Security cost-of-living in- Wall Street reforms repealed and the Mr. COHEN. Thank you, and I appre- creases, which I oppose. But the Presi- historic health care law dismantled, ciate the time and the opportunity to dent has tried. I hope that this bill but all these things would happen if speak on this measure. fails and we deal with the President in this bill before us became law. I’m concerned about the fiscal cliff. a responsible way and avoid the fiscal I strongly urge my colleagues to re- And it’s important. President Obama and the physical cliff. ject the gimmick proposal before us has tried to work with the opposition Mr. DREIER. Mr. Speaker, at this today and return to the serious work of party and has gone from what he was time I am happy to yield 1 minute to a balancing our budget while protecting elected on—increasing taxes, for fair- great member of the Appropriations the poor and the working class. ness, on families earning over $250,000— Committee, our hardworking friend Mr. Speaker, if we defeat the pre- to $400,000. But no, that wasn’t enough. from Savannah, Georgia, Ann’s father, vious question, I will offer an amend- This proposal goes to a million dollars Mr. KINGSTON. ment to this rule to make in order an a year. Now $400,000 is plenty com- Mr. KINGSTON. I thank the gen- amendment which will allow the House fortable. The President’s gone a long tleman from California. to have a chance to vote on the bill way. The fact is that there’s a lot of Mr. Speaker, the President owns this passed by the Senate to extend the revenue that’s being lost between economy. He owns the high unemploy- middle class tax cuts to all persons $400,000 and $1 million. We need that ment rate—the 23 million Americans making less than $250,000, which has revenue to rectify some problems in who are unemployed or underemployed. been introduced in the House as H.R. our society, of which there are still He owns the lack of jobs, lack of oppor- 15. Also, the amendment would prevent many. tunities. He owns the $750 billion an- the House from adjourning until we This bill would cut funding for the nual deficit that he has had for the 4 have averted the fiscal cliff and the National Institutes of Health. That is years. It is time for the President to President has signed legislation to pre- our physical cliff. And I want to talk to step up. vent tax increases on the middle class.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7381 Mr. Speaker, I ask unanimous con- right now to deal with a tough, tough yield to him for an amendment, is entitled to sent to insert the text of the amend- situation. We don’t want our fellow the first recognition.’’ ment in the RECORD along with extra- Americans to be hurting, especially at Because the vote today may look bad for neous material immediately prior to this time of year as we look towards the Republican majority they will say ‘‘the the vote on the previous question. the Christmas holidays. I believe that vote on the previous question is simply a The SPEAKER pro tempore. Is there we can see an agreement which will vote on whether to proceed to an immediate objection to the request of the gentle- work to ensure that that does not take vote on adopting the resolution . . . [and] has no substantive legislative or policy im- woman from New York? place. There was no objection. plications whatsoever.’’ But that is not what So, Mr. Speaker, I urge my col- they have always said. Listen to the Repub- Ms. SLAUGHTER. So, Mr. Speaker, I leagues to support the rule, support the urge my colleagues to vote ‘‘no’’ and lican Leadership Manual on the Legislative underlying legislation, both the tax Process in the United States House of Rep- defeat the previous question, and vote issue and the effort to ensure that we resentatives, (6th edition, page 135). Here’s ‘‘no’’ on the rule and certainly on the don’t see a sequester take place to how the Republicans describe the previous underlying bill. bring about $238 billion, as the House question vote in their own manual: ‘‘Al- I yield back the balance of my time. passed it last May, of spending over a though it is generally not possible to amend Mr. DREIER. Mr. Speaker, I yield the rule because the majority Member con- myself the balance of my time. 10-year period of time. This is the right thing for us to do to get on a path that trolling the time will not yield for the pur- Mr. Speaker, let me say that we all pose of offering an amendment, the same re- know we’re 11 days away from going can provide certainty, which we all sult may be achieved by voting down the pre- over the proverbial fiscal cliff. We are know is necessary. vious question on the rule . . . . When the trying our doggonedest to make sure So I urge support of the rule, and I motion for the previous question is defeated, that a sequester doesn’t go into place. urge support of the underlying legisla- control of the time passes to the Member We all know that Secretary Panetta tion, both bills. who led the opposition to ordering the pre- The material previously referred to has said that that would be a dev- vious question. That Member, because he by Ms. SLAUGHTER is as follows: then controls the time, may offer an amend- astating thing for our Nation’s secu- AN AMENDMENT TO H. RES. 841 OFFERED BY ment to the rule, or yield for the purpose of rity. amendment.’’ I think that discussions taking place MS. SLAUGHTER OF NEW YORK In section 1, strike ‘‘The previous question between the President of the United In Deschler’s Procedure in the U.S. House shall be considered as ordered on the motion of Representatives, the subchapter titled States and the Speaker of the House of to its adoption without intervening motion.’’ ‘‘Amending Special Rules’’ states: ‘‘a refusal Representatives are very important. I and insert ‘‘The previous question shall be to order the previous question on such a rule also think it’s important for every considered as ordered on the motion to its [a special rule reported from the Committee Member of the House to have an oppor- adoption without intervening motion except on Rules] opens the resolution to amend- tunity to state where they stand on a substitute amendment consisting of the ment and further debate.’’ (Chapter 21, sec- these issues. text of H.R. 15, if offered by Representative tion 21.2) Section 21.3 continues: ‘‘Upon re- The bill before us is one which actu- Levin or his designee, which shall be consid- jection of the motion for the previous ques- ally has, again, basically enjoyed bi- ered as read, shall not be subject to any tion on a resolution reported from the Com- point of order, and shall be separately debat- partisan support. I remember when mittee on Rules, control shifts to the Mem- able for one hour equally divided and con- ber leading the opposition to the previous Senator SCHUMER made it clear that he trolled by the proponent and an opponent.’’ believed that there should not be any question, who may offer a proper amendment At the end of the resolution, add the fol- or motion and who controls the time for de- lowing new section: increase for anyone who earns under $1 bate thereon.’’ million. That was a request that he SEC. 3. It shall not be in order to consider Clearly, the vote on the previous question said. I know there was a lot of discus- a concurrent resolution providing for ad- journment or adjournment sine die unless on a rule does have substantive policy impli- sion within the Democratic Caucus as the House has been notified that the Presi- cations. It is one of the only available tools to exactly what that level should be. dent has signed legislation to prevent a tax for those who oppose the Republican major- Well, this is at the level that Senator increase on the middle class, and to avert ity’s agenda and allows those with alter- SCHUMER had indicated that he sup- the so-called ‘‘fiscal cliff.’’ native views the opportunity to offer an al- ported earlier on. ternative plan. I’ve got to say to my friend from (The information contained herein was Mr. DREIER. With that, I yield back Rochester, Mr. Speaker, we are not provided by the Republican Minority on mul- tiple occasions throughout the 110th and planning to adjourn. We want to ad- the balance of my time and move the 111th Congresses.) previous question on the resolution. dress this issue. We want to do every- THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The thing that we possibly can, Mr. Speak- IT REALLY MEANS er, to resolve this just as quickly as we This vote, the vote on whether to order the question is on ordering the previous possibly can. previous question on a special rule, is not question on the resolution. We’re just a few days away from merely a procedural vote. A vote against or- The question was taken; and the Christmas. We are obviously still here dering the previous question is a vote Speaker pro tempore announced that working. We’re prepared to come back against the Republican majority agenda and the ayes appeared to have it. after Christmas. Sadly, many of our a vote to allow the opposition, at least for colleagues are going to the funeral of the moment, to offer an alternative plan. It Ms. SLAUGHTER. Mr. Speaker, on Senator Inouye. That service that will is a vote about what the House should be de- that I demand the yeas and nays. bating. take place in Hawaii has created a Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. challenge for us when it relates to the House of Representatives (VI, 308–311), de- The SPEAKER pro tempore. Pursu- schedule itself. scribes the vote on the previous question on ant to clause 8 and clause 9 of rule XX, We understand that this is a difficult the rule as ‘‘a motion to direct or control the this 15-minute vote on ordering the consideration of the subject before the House time, but we need to work together to previous question on House Resolution put into place pro-growth economic being made by the Member in charge.’’ To defeat the previous question is to give the 841 will be followed by 5-minute votes policies. I think that there is, as I said on adoption of House Resolution 841, if in my opening remarks, a bipartisan opposition a chance to decide the subject be- fore the House. Cannon cites the Speaker’s ordered; ordering the previous question quest to do that. I congratulate the ruling of January 13, 1920, to the effect that on House Resolution 840; and adoption President for his call for reduction in ‘‘the refusal of the House to sustain the de- of House Resolution 840, if ordered. the corporate tax rate from 35 percent mand for the previous question passes the to 25 percent. Real tax reform is some- control of the resolution to the opposition’’ The vote was taken by electronic de- thing we’ve been trying to do for a in order to offer an amendment. On March vice, and there were—yeas 233, nays while and I think can be done in a bi- 15, 1909, a member of the majority party of- 184, not voting 14, as follows: fered a rule resolution. The House defeated partisan way. Real entitlement reform [Roll No. 639] that does not hurt our fellow Ameri- the previous question and a member of the opposition rose to a parliamentary inquiry, YEAS—233 cans is something that can be done in asking who was entitled to recognition. Adams Amodei Bartlett a responsible way. Speaker Joseph G. Cannon (R–Illinois) said: So I will simply say that this is not Aderholt Austria Bass (NH) ‘‘The previous question having been refused, Akin Bachmann Benishek a perfect process, but it’s an end-of- the gentleman from New York, Mr. Fitz- Alexander Bachus Berg the-session process that’s going on gerald, who had asked the gentleman to Amash Barletta Biggert

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7382 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Bilbray Hall Petri Gonzalez Markey Rush Brooks Heck Posey Bilirakis Hanna Pitts Green, Al Matheson Ryan (OH) Buchanan Hensarling Price (GA) Bishop (UT) Harper Platts Green, Gene Matsui Sa´ nchez, Linda Bucshon Herger Quayle Black Harris Poe (TX) Grijalva McCarthy (NY) T. Buerkle Herrera Beutler Reed Blackburn Hartzler Pompeo Gutierrez McCollum Sanchez, Loretta Burgess Huizenga (MI) Rehberg Bonner Hastings (WA) Posey Hahn McDermott Sarbanes Calvert Hultgren Reichert Bono Mack Hayworth Price (GA) Hanabusa McGovern Schakowsky Camp Hunter Renacci Boustany Heck Quayle Hastings (FL) McIntyre Schiff Campbell Hurt Ribble Brady (TX) Hensarling Reed Heinrich McNerney Schrader Canseco Issa Rigell Higgins Meeks Cantor Jenkins Brooks Herger Rehberg Schwartz Roby Broun (GA) Herrera Beutler Himes Michaud Capito Johnson (IL) Reichert Scott (VA) Roe (TN) Buchanan Huelskamp Hinojosa Miller (NC) Carter Johnson (OH) Renacci Scott, David Rogers (AL) Bucshon Huizenga (MI) Hirono Miller, George Cassidy Kelly Ribble Serrano Rogers (KY) Buerkle Hultgren Rigell Hochul Moore Chabot King (IA) Rogers (MI) Holden Moran Sewell Coble King (NY) Burgess Hunter Roby Rohrabacher Holt Murphy (CT) Sherman Coffman (CO) Kingston Burton (IN) Hurt Roe (TN) Rokita Calvert Issa Honda Nadler Sires Cole Kinzinger (IL) Rogers (AL) Rooney Camp Jenkins Hoyer Napolitano Slaughter Conaway Kline Rogers (KY) Ros-Lehtinen Campbell Johnson (IL) Israel Neal Smith (WA) Cravaack Labrador Rogers (MI) Roskam Canseco Johnson (OH) Jackson Lee Olver Speier Crawford Lance Rohrabacher Ross (FL) Cantor Jordan (TX) Owens Stark Crenshaw Lankford Rokita Royce Capito Kelly Johnson (GA) Pallone Sutton Denham Latham Rooney Runyan Carter King (IA) Johnson, E. B. Pascrell Thompson (CA) Dent LaTourette Ros-Lehtinen Ryan (WI) Cassidy King (NY) Kaptur Pastor (AZ) Thompson (MS) DesJarlais Latta Scalise Roskam Keating Payne Diaz-Balart Lewis (CA) Chabot Kingston Tierney Schilling Ross (FL) Kildee Pelosi Dold LoBiondo Chaffetz Kinzinger (IL) Tonko Schock Royce Kind Perlmutter Dreier Long Coble Kline Towns Schweikert Runyan Kissell Peters Duffy Lucas Coffman (CO) Labrador Tsongas Scott (SC) Cole Lamborn Ryan (WI) Kucinich Peterson Duncan (SC) Luetkemeyer Van Hollen Scott, Austin Conaway Lance Scalise Langevin Pingree (ME) Duncan (TN) Lummis Vela´ zquez Sensenbrenner Cravaack Landry Schilling Larsen (WA) Polis Ellmers Lungren, Daniel Visclosky Sessions Crawford Lankford Schmidt Lee (CA) Price (NC) Emerson E. Shimkus Crenshaw Latham Schock Levin Quigley Walz (MN) Farenthold Mack Shuster Denham LaTourette Schweikert Lewis (GA) Rahall Wasserman Fincher Manzullo Simpson Dent Latta Scott (SC) Lipinski Rangel Schultz Fitzpatrick Marchant Smith (NE) DesJarlais Lewis (CA) Scott, Austin Loebsack Richmond Waters Flake Marino Smith (NJ) Diaz-Balart LoBiondo Sensenbrenner Lofgren, Zoe Ross (AR) Watt Fleischmann McCarthy (CA) Smith (TX) Dold Long Sessions Luja´ n Rothman (NJ) Waxman Fleming McCaul Southerland Dreier Lucas Shimkus Lynch Roybal-Allard Welch Flores McClintock Stearns Duffy Luetkemeyer Shuster Maloney Ruppersberger Wilson (FL) Forbes McHenry Stivers Duncan (SC) Lummis Simpson Fortenberry McKeon NOT VOTING—14 Stutzman Duncan (TN) Lungren, Daniel Smith (NE) Foxx McKinley Sullivan Ellmers E. Smith (NJ) Culberson Larson (CT) Rivera Frelinghuysen McMorris Terry Emerson Mack Smith (TX) Grimm Lowey Shuler Gallegly Rodgers Thompson (PA) Farenthold Manzullo Southerland Hinchey Mica Woolsey Gardner Meehan Thornberry Fincher Marchant Stearns Johnson, Sam Reyes Yarmuth Garrett Miller (FL) Fitzpatrick Marino Jones Richardson Gerlach Miller (MI) Tiberi Stivers Tipton Flake Massie Stutzman Gibbs Miller, Gary Fleischmann McCarthy (CA) Gibson Mulvaney Turner (NY) Sullivan b 1457 Turner (OH) Fleming McCaul Terry Gingrey (GA) Murphy (PA) Goodlatte Myrick Upton Flores McClintock Thompson (PA) Ms. ESHOO, Messrs. GEORGE MIL- Gosar Neugebauer Walberg Forbes McHenry Thornberry LER of California, HOLT, BRADY of Fortenberry McKeon Gowdy Noem Walden Tiberi Foxx McKinley Pennsylvania, and Ms. SCHAKOWSKY Granger Nugent Webster Tipton Franks (AZ) McMorris changed their vote from ‘‘yea’’ to Graves (GA) Nunes West Turner (NY) Frelinghuysen Rodgers Graves (MO) Nunnelee Westmoreland Turner (OH) ‘‘nay.’’ Gallegly Meehan Griffin (AR) Olson Whitfield Upton Messrs. AMASH, JORDAN, and HUN- Gardner Miller (FL) Griffith (VA) Palazzo Wilson (SC) Garrett Miller (MI) Walberg TER changed their vote from ‘‘nay’’ to Guinta Paulsen Wittman Gerlach Miller, Gary Walden ‘‘yea.’’ Guthrie Pearce Wolf Walsh (IL) Gibbs Mulvaney So the previous question was ordered. Hall Pence Womack Gibson Murphy (PA) Webster Hanna Petri Woodall Gingrey (GA) Myrick West The result of the vote was announced Harper Pitts Yoder Gohmert Neugebauer Westmoreland as above recorded. Hartzler Platts Young (AK) Goodlatte Noem Whitfield Stated against: Hastings (WA) Poe (TX) Young (FL) Gosar Nugent Wilson (SC) Hayworth Pompeo Young (IN) Gowdy Nunes Wittman Mr. LARSON of Connecticut. Mr. Speaker, Granger Nunnelee Wolf on December 20, 2012, I was not present for NAYS—197 Graves (GA) Olson Womack rollcall vote 639. If I had been present for this Ackerman Clarke (MI) Eshoo Graves (MO) Palazzo Woodall vote, I would have voted ‘‘nay’’ on rollcall vote Altmire Clarke (NY) Farr Griffin (AR) Paul Yoder Amash Cleaver Fattah Griffith (VA) Paulsen Young (AK) 639. Andrews Clyburn Frank (MA) Guinta Pearce Young (FL) The SPEAKER pro tempore. The Baca Cohen Franks (AZ) Guthrie Pence Young (IN) question is on the resolution. Baldwin Connolly (VA) Fudge The question was taken; and the Barber Conyers Garamendi NAYS—184 Barrow Cooper Gohmert Speaker pro tempore announced that Bass (CA) Costa Gonzalez Ackerman Capuano Cummings the ayes appeared to have it. Becerra Costello Green, Al Altmire Carnahan Curson (MI) Berkley Courtney Green, Gene Andrews Carney Davis (CA) Ms. SLAUGHTER. Mr. Speaker, on Berman Critz Grijalva Baca Carson (IN) Davis (IL) that I demand the yeas and nays. Bishop (GA) Crowley Gutierrez Baldwin Castor (FL) DeFazio The yeas and nays were ordered. Bishop (NY) Cuellar Hahn Barber Chandler DeGette Blumenauer Cummings Hanabusa Barrow Chu DeLauro The SPEAKER pro tempore. This is a Bonamici Curson (MI) Harris Barton (TX) Cicilline DelBene 5-minute vote. Boren Davis (CA) Hastings (FL) Bass (CA) Clarke (MI) Deutch The vote was taken by electronic de- Boswell Davis (IL) Heinrich Becerra Clarke (NY) Dicks vice, and there were—yeas 219, nays Brady (PA) DeFazio Higgins Berkley Clay Dingell Braley (IA) DeGette Himes Berman Cleaver Doggett 197, not voting 15, as follows: Broun (GA) DeLauro Hinojosa Bishop (GA) Clyburn Donnelly (IN) [Roll No. 640] Brown (FL) DelBene Hirono Bishop (NY) Cohen Doyle Butterfield Deutch Hochul Blumenauer Connolly (VA) Edwards YEAS—219 Capps Dicks Holden Bonamici Conyers Ellison Adams Barletta Bilirakis Capuano Dingell Holt Boren Cooper Engel Aderholt Bartlett Bishop (UT) Carney Doggett Honda Boswell Costa Eshoo Akin Barton (TX) Black Carson (IN) Donnelly (IN) Hoyer Brady (PA) Costello Farr Alexander Bass (NH) Blackburn Castor (FL) Doyle Huelskamp Braley (IA) Courtney Fattah Amodei Benishek Bonner Chandler Edwards Israel Brown (FL) Critz Frank (MA) Austria Berg Bono Mack Chu Ellison Jackson Lee Butterfield Crowley Fudge Bachmann Biggert Boustany Cicilline Engel (TX) Capps Cuellar Garamendi Bachus Bilbray Brady (TX)

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7383 Johnson (GA) Miller, George Schiff The SPEAKER pro tempore. The Brady (PA) Hanabusa Pallone Johnson, E. B. Moore Schmidt question is on ordering the previous Braley (IA) Hastings (FL) Pascrell Jones Moran Schrader Brown (FL) Heinrich Pastor (AZ) Jordan Murphy (CT) Schwartz question. Butterfield Higgins Payne Kaptur Nadler Scott (VA) This is a 5-minute vote. Capps Himes Pelosi Keating Napolitano Scott, David The vote was taken by electronic de- Capuano Hinojosa Perlmutter Kildee Neal Serrano Carnahan Hirono Peters Kind Olver Sewell vice, and there were—yeas 233, nays Carney Hochul Peterson Kissell Owens Sherman 186, not voting 12, as follows: Carson (IN) Holden Pingree (ME) Kucinich Pallone Castor (FL) Holt Polis Sires [Roll No. 641] Landry Pascrell Slaughter Chandler Honda Price (NC) Langevin Pastor (AZ) Smith (WA) YEAS—233 Chu Hoyer Quigley Larsen (WA) Paul Cicilline Israel Rahall Speier Adams Goodlatte Olson Larson (CT) Payne Clarke (MI) Jackson Lee Rangel Stark Aderholt Gosar Palazzo Lee (CA) Pelosi Clarke (NY) (TX) Richmond Sutton Akin Gowdy Levin Perlmutter Paul Clay Johnson (GA) Rothman (NJ) Thompson (CA) Alexander Granger Lewis (GA) Peters Paulsen Cleaver Johnson, E. B. Roybal-Allard Thompson (MS) Amash Graves (GA) Lipinski Peterson Pearce Clyburn Kaptur Ruppersberger Tierney Amodei Graves (MO) Loebsack Pingree (ME) Pence Cohen Keating Rush Tonko Austria Griffin (AR) Lofgren, Zoe Polis Petri Connolly (VA) Kildee Ryan (OH) Bachmann Griffith (VA) Lowey Price (NC) Towns Pitts Conyers Kind Sa´ nchez, Linda Bachus Guinta Luja´ n Quigley Tsongas Platts Cooper Kissell T. Barletta Guthrie Maloney Rahall Van Hollen Poe (TX) Costa Kucinich Sanchez, Loretta Bartlett Hall Markey Rangel Vela´ zquez Pompeo Costello Langevin Sarbanes Bass (NH) Hanna Massie Richmond Visclosky Posey Courtney Larsen (WA) Schakowsky Benishek Harper Matheson Ross (AR) Walsh (IL) Price (GA) Critz Larson (CT) Schiff Berg Harris Matsui Rothman (NJ) Walz (MN) Quayle Crowley Lee (CA) Schrader Biggert Hartzler McCarthy (NY) Roybal-Allard Wasserman Reed Cuellar Levin Schwartz Bilbray Hastings (WA) McCollum Ruppersberger Schultz Rehberg Cummings Lewis (GA) Scott (VA) Bilirakis Hayworth McDermott Rush Waters Reichert Curson (MI) Lipinski Scott, David Bishop (UT) Heck McGovern Ryan (OH) Watt Renacci Davis (CA) Loebsack Serrano Black Hensarling McIntyre Sa´ nchez, Linda Waxman Ribble Davis (IL) Lofgren, Zoe Sewell Blackburn Herger McNerney T. Welch Rigell DeFazio Lowey Sherman Bonner Herrera Beutler Meeks Sanchez, Loretta Wilson (FL) DeGette Luja´ n Sires Bono Mack Huelskamp Roby Michaud Sarbanes Woolsey DeLauro Lynch Slaughter Boustany Huizenga (MI) Roe (TN) Miller (NC) Schakowsky Yarmuth DelBene Maloney Smith (WA) Brady (TX) Hultgren Rogers (AL) Deutch Markey Speier Brooks Hunter Rogers (KY) NOT VOTING—15 Dicks Matheson Stark Broun (GA) Hurt Rogers (MI) Dingell Matsui Sutton Burton (IN) Grimm Mica Buchanan Issa Rohrabacher Doggett McCarthy (NY) Thompson (CA) Carnahan Hinchey Reyes Bucshon Jenkins Rokita Donnelly (IN) McCollum Thompson (MS) Chaffetz Johnson, Sam Richardson Buerkle Johnson (IL) Rooney Doyle McDermott Tierney Clay Lamborn Rivera Burgess Johnson (OH) Ros-Lehtinen Edwards McGovern Tonko Culberson Lynch Shuler Burton (IN) Jones Roskam Ellison McIntyre Towns Calvert Jordan Ross (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Engel McNerney Tsongas Camp Kelly Royce Eshoo Meeks Van Hollen The SPEAKER pro tempore (during Campbell King (IA) Runyan Farr Michaud Vela´ zquez Canseco King (NY) Ryan (WI) the vote). There are 2 minutes remain- Fattah Miller (NC) Visclosky Cantor Kingston Scalise ing. Frank (MA) Miller, George Walz (MN) Capito Kinzinger (IL) Schilling Fudge Moore Wasserman Carter Kline Schmidt b 1505 Garamendi Moran Schultz Cassidy Labrador Schock Gonzalez Murphy (CT) Watt Chabot Lamborn Mr. FRANKS of Arizona changed his Schweikert Green, Al Nadler Waxman Chaffetz Lance vote from ‘‘yea’’ to ‘‘nay.’’ Scott (SC) Green, Gene Napolitano Welch Coble Landry Scott, Austin Grijalva Neal Wilson (FL) So the resolution was agreed to. Coffman (CO) Lankford Sensenbrenner Gutierrez Olver Woolsey The result of the vote was announced Cole Latham Sessions Hahn Owens Yarmuth as above recorded. Conaway LaTourette Shimkus A motion to reconsider was laid on Cravaack Latta Shuster NOT VOTING—12 Crawford Lewis (CA) Simpson the table. Crenshaw LoBiondo Culberson Mica Ross (AR) Smith (NE) Grimm Reyes Shuler Denham Long Smith (NJ) f Dent Lucas Hinchey Richardson Waters Smith (TX) Johnson, Sam Rivera Webster DesJarlais Luetkemeyer Southerland MESSAGE FROM THE PRESIDENT Diaz-Balart Lummis Stearns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dold Lungren, Daniel A message in writing from the Presi- Stivers Dreier E. The SPEAKER pro tempore (during Stutzman dent of the United States was commu- Duffy Mack Sullivan the vote). There are 2 minutes remain- nicated to the House by Mr. Brian Duncan (SC) Manzullo Terry ing. Duncan (TN) Marchant Pate, one of his secretaries. Thompson (PA) Ellmers Marino b 1512 f Emerson Massie Thornberry Farenthold McCarthy (CA) Tiberi So the previous question was ordered. Tipton PROVIDING FOR CONSIDERATION Fincher McCaul The result of the vote was announced OF CONFERENCE REPORT ON Fitzpatrick McClintock Turner (NY) Flake McHenry Turner (OH) as above recorded. H.R. 4310, NATIONAL DEFENSE Fleischmann McKeon Upton The SPEAKER pro tempore. The AUTHORIZATION ACT FOR FIS- Fleming McKinley Walberg question is on the resolution. Walden CAL YEAR 2013 Flores McMorris The question was taken; and the Forbes Rodgers Walsh (IL) The SPEAKER pro tempore. The un- Fortenberry Meehan West Speaker pro tempore announced that finished business is the vote on order- Foxx Miller (FL) Westmoreland the ayes appeared to have it. Franks (AZ) Miller (MI) Whitfield ing the previous question on the reso- RECORDED VOTE Frelinghuysen Miller, Gary Wilson (SC) lution (H. Res. 840) providing for con- Gallegly Mulvaney Wittman Mr. MCGOVERN. Mr. Speaker, I de- sideration of the conference report to Gardner Murphy (PA) Wolf mand a recorded vote. accompany the bill (H.R. 4310) to au- Garrett Myrick Womack A recorded vote was ordered. Gerlach Neugebauer Woodall thorize appropriations for fiscal year Gibbs Noem Yoder The SPEAKER pro tempore. This is a 2013 for military activities of the De- Gibson Nugent Young (AK) 5-minute vote. partment of Defense, for military con- Gingrey (GA) Nunes Young (FL) The vote was taken by electronic de- struction, and for defense activities of Gohmert Nunnelee Young (IN) vice, and there were—ayes 243, noes 177, the Department of Energy, to prescribe NAYS—186 not voting 11, as follows: military personnel strengths for such Ackerman Barrow Bishop (GA) [Roll No. 642] Altmire Barton (TX) Bishop (NY) fiscal year, and for other purposes, on AYES—243 which the yeas and nays were ordered. Andrews Bass (CA) Blumenauer Baca Becerra Bonamici Adams Alexander Austria The Clerk read the title of the resolu- Baldwin Berkley Boren Aderholt Amash Bachmann tion. Barber Berman Boswell Akin Amodei Bachus

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7384 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Barletta Graves (MO) Owens Dingell Lee (CA) Rothman (NJ) oping country under the Generalized Bartlett Griffin (AR) Palazzo Doggett Levin Roybal-Allard System of Preferences (GSP) program. Barton (TX) Griffith (VA) Pearce Doyle Lewis (GA) Ruppersberger Bass (NH) Guinta Pence Edwards Lipinski Rush Section 502(e) of the 1974 Act (19 U.S.C. Benishek Guthrie Petri Ellison Loebsack Ryan (OH) 2462(e)) provides that if the President Berg Hall Pitts Engel Lofgren, Zoe Sa´ nchez, Linda determines that a beneficiary devel- Biggert Hanna Platts Farr Lowey T. oping country has become a ‘‘high-in- Bilbray Harper Poe (TX) Fattah Luja´ n Sanchez, Loretta Bilirakis Harris Pompeo Frank (MA) Lynch Sarbanes come’’ country, as defined by the offi- Bishop (UT) Hartzler Posey Fudge Maloney Schakowsky cial statistics of the International Black Hastings (WA) Price (GA) Garamendi Markey Schiff Bank for Reconstruction and Develop- Blackburn Hayworth Quayle Gonzalez Matsui Schrader ment (i.e., the World Bank), then the Bonner Heck Reed Green, Al McCarthy (NY) Schwartz Bono Mack Hensarling Rehberg Green, Gene McCollum Scott (VA) President shall terminate the designa- Boren Herger Reichert Grijalva McDermott Scott, David tion of such country as a beneficiary Boustany Herrera Beutler Renacci Gutierrez McGovern Serrano developing country for purposes of the Brady (TX) Higgins Ribble Hahn McNerney Sewell GSP, effective on January 1 of the sec- Brooks Hochul Rigell Hanabusa Meeks Sherman Broun (GA) Huelskamp Roby Hastings (FL) Michaud Sires ond year following the year in which Buchanan Huizenga (MI) Roe (TN) Heinrich Miller (NC) Slaughter such determination is made. Bucshon Hultgren Rogers (AL) Himes Moore Smith (WA) Pursuant to section 502(e) of the 1974 Buerkle Hunter Rogers (KY) Hinojosa Moran Speier Hirono Murphy (CT) Stark Act, I have determined that it is appro- Burgess Hurt Rogers (MI) priate to terminate the designation of Burton (IN) Issa Rohrabacher Holden Nadler Sutton Calvert Jenkins Rokita Holt Napolitano Thompson (CA) St. Kitts and Nevis as a beneficiary de- Honda Camp Johnson (IL) Rooney Neal Thompson (MS) veloping country under the GSP pro- Hoyer Olver Tierney Campbell Johnson (OH) Ros-Lehtinen Israel Pallone Tonko gram because it has become a high-in- Canseco Jordan Roskam Jackson Lee Pascrell Towns come country as defined by the World Cantor Kelly Ross (AR) (TX) Pastor (AZ) Tsongas Capito King (IA) Ross (FL) Bank. Accordingly, St. Kitts and Nevis’ Johnson (GA) Paul Van Hollen Carter King (NY) Royce eligibility for trade benefits under the Johnson, E. B. Payne Vela´ zquez Cassidy Kingston Runyan Jones Pelosi Visclosky GSP program will end on January 1, Chabot Kinzinger (IL) Ryan (WI) Kaptur Perlmutter Wasserman 2014. Chaffetz Kline Scalise Keating Peters Schultz Coble Labrador Schilling BARACK OBAMA. Kildee Peterson Waters Coffman (CO) Lamborn Schmidt THE WHITE HOUSE, December 20, 2012. Kind Pingree (ME) Watt Cole Lance Schock Conaway Landry Kissell Polis Waxman Schweikert f Cravaack Lankford Kucinich Price (NC) Welch Scott (SC) Crawford Latham Langevin Quigley Wilson (FL) Scott, Austin Crenshaw LaTourette Larsen (WA) Rahall Woolsey CONFERENCE REPORT ON H.R. 4310, Sensenbrenner Denham Latta Larson (CT) Rangel Yarmuth Sessions NATIONAL DEFENSE AUTHORIZA- Dent Lewis (CA) Shimkus NOT VOTING—11 TION ACT FOR FISCAL YEAR 2013 DesJarlais LoBiondo Shuster Diaz-Balart Long Culberson Mica Richmond C Simpson Mr. M KEON. Mr. Speaker, pursuant Dold Lucas Grimm Paulsen Rivera Smith (NE) to House Resolution 840, I call up the Donnelly (IN) Luetkemeyer Hinchey Reyes Shuler Smith (NJ) Dreier Lummis Johnson, Sam Richardson conference report on the bill (H.R. 4310) Smith (TX) Duffy Lungren, Daniel to authorize appropriations for fiscal ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Duncan (SC) E. Southerland year 2013 for military activities of the Stearns The SPEAKER pro tempore (during Duncan (TN) Mack Department of Defense, for military Ellmers Manzullo Stivers the vote). There are 2 minutes remain- Stutzman construction, and for defense activities Emerson Marchant ing. Eshoo Marino Sullivan of the Department of Energy, to pre- Farenthold Massie Terry b 1518 scribe military personnel strengths for Thompson (PA) Fincher Matheson such fiscal year, and for other pur- Fitzpatrick McCarthy (CA) Thornberry So the resolution was agreed to. Flake McCaul Tiberi The result of the vote was announced poses, and ask for its immediate con- Fleischmann McClintock Tipton as above recorded. sideration. Fleming McHenry Turner (NY) A motion to reconsider was laid on The Clerk read the title of the bill. Flores McIntyre Turner (OH) The SPEAKER pro tempore. Pursu- Upton the table. Forbes McKeon ant to House Resolution 840, the con- Fortenberry McKinley Walberg PERSONAL EXPLANATION Foxx McMorris Walden Mr. MICA. Mr. Speaker, I was unable to ference report is considered read. Franks (AZ) Rodgers Walsh (IL) make votes the afternoon of Thursday, De- (For conference report and state- Frelinghuysen Meehan Walz (MN) ment, see proceedings of the House of Gallegly Miller (FL) Webster cember 20, 2012 due to my attendance of a West funeral and a delayed return flight. Had I been December 18, 2011, at page H6869.) Gardner Miller (MI) The SPEAKER pro tempore. The gen- Garrett Miller, Gary Westmoreland present, I would have voted ‘‘yea’’ on rollcalls Gerlach Miller, George Whitfield 639, 640, 641 and 642. tleman from California (Mr. MCKEON) Gibbs Mulvaney Wilson (SC) and the gentleman from Washington Wittman f Gibson Murphy (PA) (Mr. SMITH) each will control 30 min- Gingrey (GA) Myrick Wolf TO TAKE CERTAIN ACTIONS Gohmert Neugebauer Womack utes. Goodlatte Noem Woodall UNDER THE AFRICAN GROWTH Mr. FRANK of Massachusetts. Mr. Gosar Nugent Yoder AND OPPORTUNITY ACT AND Speaker, since both the gentleman Gowdy Nunes Young (AK) FOR OTHER PURPOSES—MES- from California and the gentleman Granger Nunnelee Young (FL) Graves (GA) Olson Young (IN) SAGE FROM THE PRESIDENT OF from Washington signed the conference THE UNITED STATES (H. DOC. report, it is clear they are supporters NOES—177 NO. 112–158) of the conference report. So I claim the Ackerman Brown (FL) Conyers The SPEAKER pro tempore laid be- 20 minutes that is allotted for someone Altmire Butterfield Cooper fore the House the following message in opposition when both majority and Andrews Capps Costa from the President of the United minority are in support. Baca Capuano Costello The SPEAKER pro tempore. Does the Baldwin Carnahan Courtney States; which was read and referred to Barber Carney Critz the Committee on Ways and Means and gentleman from California support the Barrow Carson (IN) Crowley ordered to be printed: conference report? Bass (CA) Castor (FL) Cuellar Mr. MCKEON. I do. Becerra Chandler Cummings To the Congress of the United States: The SPEAKER pro tempore. Does the Berkley Chu Curson (MI) In accordance with section 502(f)(2) of Berman Cicilline Davis (CA) gentleman from Washington support Bishop (GA) Clarke (MI) Davis (IL) the Trade Act of 1974, as amended (the the conference report? Bishop (NY) Clarke (NY) DeFazio ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am Mr. SMITH of Washington. I do, yes. Blumenauer Clay DeGette providing notification of my intent to The SPEAKER pro tempore. Under Bonamici Cleaver DeLauro terminate the designation of the Fed- clause 8(d)(2) of rule XXII, if the man- Boswell Clyburn DelBene Brady (PA) Cohen Deutch eration of Saint Kitts and Nevis (St. agers both support the conference re- Braley (IA) Connolly (VA) Dicks Kitts and Nevis) as a beneficiary devel- port, then another Member may claim

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7385 one-third of the time allotted for de- cluded in the House-passed bill have Iran to keep the pressure on them to, bate thereon. been preserved in the conference agree- hopefully, discourage them from devel- The Chair will recognize the gen- ment, and we worked closely during oping a nuclear weapon. That is a crit- tleman from Massachusetts to control the conference negotiations with our ical piece of legislation. 20 minutes in opposition to the con- House colleagues, who exercised leader- We also have in here reform to our ference report. ship on this issue, to ensure that we re- satellite export regime. The cum- The gentleman from California is tain their support. We did not include bersome nature of that regime has sig- recognized. an amendment adopted 2 weeks ago on nificantly harmed the U.S. satellite in- Mr. MCKEON. Mr. Speaker, I yield the Senate floor because we could not dustry. We’ve gone from having 65 per- myself such time as I may consume. reach consensus on what the effect of cent of that market worldwide to less Mr. Speaker, I rise today in support the language would be. than 25 in the last 15 years. Getting of the Fiscal Year 2013 National De- Rest assured, this conference report back to a competitive place with that fense Authorization Act Conference Re- ensures that every American’s con- industry is critical to our national se- port. As you know, the NDAA is the stitutional rights, including the right curity. Those are companies that we’re key instrument by which the Congress to habeas corpus, remain unaffected, going to depend on to provide us the fulfills its primary constitutional re- and every American can challenge the best equipment to best protect this Na- sponsibility to provide for the common legality of their detention in Federal tion. That change is very welcome. defense. court. The ‘‘great writ’’ of habeas cor- I am still disappointed in where we b 1530 pus is a citizen’s most fundamental are at on Guantanamo Bay and de- protection against unlawful depriva- tainee policy. This bill, again, though This year will mark the 51st straight tions of liberty. This reflects a con- only for 1 year, not permanently, as year we’ve successfully completed our sensus built after exhaustive debate they proposed in the Senate—I’m work. We have long prided ourselves on over several years in both Chambers. pleased that we were able to do that— our ability to reach across the aisle The conference report covers many tie the President’s hands in how to deal and build strong bipartisan legislation more critical issues, but I will close in with the people at Guantanamo Bay. on behalf of our troops. This year is no the interest of time. Before I do, I We need to close Guantanamo and have exception. would like to thank all our Members the President have the freedom to deal The bill authorizes $552.2 billion for for their hard work, but in particular, with the inmates there in a way that is national defense and $88.5 billion for my partner on the committee, Ranking consistent with our values, our laws, overseas contingency operations. In Member SMITH from Washington. and our Constitution. fact, though our troops are at war and I reserve the balance of my time. We also do not fix the detainee prob- a significant share of our equipment in- Mr. SMITH of Washington. I yield lem. The chairman is correct. We once ventory is exceeding retirement age, myself 3 minutes. again state, basically, that if you have this year’s funding is a reduction in I, too, rise in support of the con- rights, you have rights, but we still real terms from last year. ference report. I want to particularly hold open the possibility of indefinite Recognizing the magnitude of the thank Chairman MCKEON, Senator detention of people on U.S. soil. I think cuts imposed upon the military over LEVIN, and Senator MCCAIN, who that is wrong. I think that is some- the past year is important. We must worked with us to get this product, as thing that we should change. acknowledge the significant contribu- well as all the members of the com- I will also disagree that habeas cor- tion defense has already made to def- mittee and staff. We truly did work on pus is the highest form of protection icit reduction. Half of the savings has this in a bipartisan fashion. I don’t for our rights. It is more like the last come out of defense, even though the think there’s a single one of us that’s resort. It’s the one thing that under no defense accounts for only 17 percent of completely happy with everything circumstances we can take away from the overall budget. that’s in this piece of legislation, but you. The highest protection of indi- Yet in a matter of days, sequestra- that’s the nature of compromise and vidual rights is our Constitution and tion will go into effect and, without working together to get something our article III courts that provide full further action, will do incredible injury done. due process and full rights to every- to a military that took generations to We need to pass a defense bill to sup- body facing criminal charges. So I hope build. It will take generations to fix. port our troops and to get our troops we will fix that at some point. And the blow will not come from an the pay raise and the support that they Overall, this is a good bill that does enemy, but from our own inability to need. So to get there, we have to work one of our very important tasks here in fulfill the basic obligations of govern- past our differences in order to come Congress—to provide for the common ance. That is why I am pleased that up with a product that we can vote for. defense—and I urge support of the today the House not only considers We did that. It’s proof that the legisla- measure. this critical piece of legislation, but tive process can work. I reserve the balance of my time. will also vote—once more—to stop se- This is a critical piece of legislation. Mr. FRANK of Massachusetts. I in- questration. It’s imperative that both First and foremost, it prioritizes sup- tend to reserve most of the time for the President and the Senate show port for our troops and their families. myself, but I have shared with the similar leadership and resolve seques- We have to remember that we still ranking member of the Armed Services tration before the end of this year. have over 60,000 troops deployed in Committee, who’s done a very good job Despite these challenges, this con- combat in Afghanistan. Making sure and had some commitments, and I’m ference agreement ensures that we can that they have the equipment, sup- yielding to some people as a proxy for safeguard military readiness in a time plies, and support that they need to do him, but I will begin by yielding 1 of declining budgets and increased the job that they’re being asked to do minute to the gentleman from Iowa strains on our Armed Forces. We sup- is our number one priority. (Mr. LOEBSACK). port missile defense, global strike, I’m pleased that we have a 1.7 per- Mr. LOEBSACK. I want to thank the strategic and tactical airlift, and were cent pay raise included in this bill and gentleman from Massachusetts for able to preserve critical military capa- pleased that we continue to support yielding. bilities. The bill supports pay and bene- the effort in Afghanistan. I’m also Mr. Speaker, while I very much ap- fits for our military and their families, pleased that we have language in this preciate all the work of Congressmen including a 1.7 percent pay raise, and bill that makes it clear that it is time McKeon and Smith on this bill, I rise rejects administration proposals to sig- to end that mission in Afghanistan and today because I strongly oppose allow- nificantly accelerate increases in bring our troops home as soon as we re- ing plans to significantly cut the Air TRICARE pharmacy copays for our re- sponsibly can. I believe that is also a National Guard embodied in this bill. I tirees. critical priority going forward. worked on a bipartisan basis to block Unfortunately, there has been some There are other critical provisions of these cuts because I strongly believe inaccurate reporting regarding our de- this bill. Once again, the Senate added that, before an irreversible decision is tainee provisions. The protections in- language to ramp-up sanctions against made, we must have the strategic and

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7386 CONGRESSIONAL RECORD — HOUSE December 20, 2012 cost benefit justification. This 11th- security of chemical weapons stock- this and other aspects of the legisla- hour proposal still does not provide piles and proliferation of nuclear weap- tion. that justification and should not move ons. As a Nation, no matter what adver- forward. The Nation’s fiscal circumstances sity we have faced we have done so as The Iowa National Guard’s 132nd and world events continue to challenge Americans. We have united behind the Fighter Wing, for instance, is one of our government’s will and capacity to values and freedoms that gave birth to the most cost-effective and experienced constructively address the enormity of this Nation and that have made it a units in the country. These men and the challenges we face. The challenge moral force in the world. In the last women served our country and stayed is to develop an effective National decade, however, we have begun to let honorably and they deserve better, yet Military Strategy that matches avail- go of our freedoms bit by bit, with each this bill will allow their F–16s to be re- able resources and reflects the current new Executive order, each new court tired and positions cut without expla- and projected threat and fiscal environ- decision, and yes, each new act of Con- nation for how it serves our national ment. A fundamental objective ap- gress. We have begun giving away our security or the taxpayers of America. praisal of the national strategy is need- rights to privacy, our right to our day I strongly oppose this decision, which ed to enable the committee’s full and in court when the government harms is why I did not sign the conference re- balanced consideration of force struc- us, and with this legislation we are port and, for the first time since I’ve ture and equipment investment plans continuing down the path of destroying come to this office, will oppose the Na- and programs. the right to be free from imprisonment tional Defense Authorization Act this I am concluding my service to Con- without due process of law. year. gress. It has been my great honor to The conference report states that: Nothing in the Authorization for Use of GENERAL LEAVE serve our servicemembers and their families, the people of Maryland’s Military Force or the National Defense Au- Mr. MCKEON. Mr. Speaker, I ask Sixth District, this committee, and the thorization Act for fiscal year 2012 shall be unanimous consent that all Members House of Representatives for 20 years construed to deny the availability of the may have 5 legislative days in which to writ of habeas corpus or to deny any con- now. It has also been my honor to put revise an extend their remarks and in- stitutional rights in a court ordained or es- national security interests first in my sert extraneous material on the con- tablished by or under Article III of the Con- service to the Armed Services Com- ference report to accompany H.R. 4310. stitution to any person inside the United mittee. States who would be entitled to the avail- The SPEAKER pro tempore (Mr. I strongly urge all of my colleagues ability of such writ or to such rights in the YODER). Is there objection to the re- to support the National Defense Au- absence of such laws. quest of the gentleman from Cali- thorization Act conference report. This language simply continues the fornia? Mr. SMITH of Washington. Mr. flawed policies established in the 2011 There was no objection. Speaker, I yield 1 minute to the gen- defense authorization bill. First, it ap- Mr. MCKEON. I yield such time as he tleman from New Jersey (Mr. AN- plies only to ‘‘any person inside the may consume to my friend and col- DREWS). United States.’’ That is important, but league, the chairman of the Sub- (Mr. ANDREWS asked and was given most of the debate on indefinite deten- committee on Tactical Air and Land permission to revise and extend his re- tion without charge and on the lack of Forces, the gentleman from Maryland marks.) due process has to do with people held (Mr. BARTLETT). Mr. ANDREWS. Mr. Speaker, I rise in by our government outside our bor- b 1540 support of this legislation and com- ders—including, potentially, U.S. citi- mend Mr. MCKEON and Mr. SMITH for zens. Mr. BARTLETT. I rise in support of their leadership in making it happen. The language in this bill, combined the conference report for the National Most importantly, this legislation with the prohibitions against moving Defense Authorization Act for fiscal takes care of the people most impor- these detainees into the United States, year 2013, the 51st consecutive con- tant to us—the men and women in uni- guarantees that we will continue hold- ference report for this committee and form who will receive a pay raise under ing people indefinitely without the National Defense Authorization this legislation. charge—contrary to our traditions of Act. Second, it maintains our competitive due process and civil rights. I have had the honor of serving as the edge in technology as we look for new Second, this text continues the chairman of the Tactical Air and Land ways to defend our country and im- claimed authority of the United States Forces Subcommittee of the Armed prove our situation around the world. Government to hold even U.S. persons Services Committee. Under the full Third, I believe very strongly this captured on United States soil indefi- committee leadership of Chairman bill affirms the Constitution of the nitely and without charge. Some peo- MCKEON and Ranking Member SMITH, United States; makes it clear that ple may take comfort in the provision the support of SILVESTRE REYES, our nothing in any statute, including this that states that those of us entitled to subcommittee’s ranking member, and a one, in any way subverts or undercuts certain rights prior to the passage of truly superb staff, ours is a really bi- the Fifth Amendment due process the AUMF and of last year’s defense partisan effort. rights of any person under any cir- authorization bill continue to have the Our first priority and immediate re- cumstances. For these reasons, I would same rights afterwards. But this bill quirement has continued to be to fully urge my friends both on the Republican does not say who among us are fortu- support our personnel serving overseas and Democratic side to vote ‘‘yes.’’ nate enough to have those rights, nor in Afghanistan and the many other Mr. FRANK of Massachusetts. Mr. does it tell us what those rights might countries where we have asked them to Speaker, continuing to yield according be. It does not specify how the execu- serve under the daily constant threat to the arrangements of the gentleman tive branch is to determine which of us of their personal survival. We have from Washington, the ranking member, are entitled to these constitutional worked diligently to support the armed I yield 4 minutes to the gentleman protections and which of us are not. services and provide additional re- from New York (Mr. NADLER). And it does not provide us with re- sources to support the warfighter. This Mr. NADLER. I thank the gentleman. course if the President gets it wrong. conference report properly reflects Mr. Speaker, I rise in opposition to Although I am urging a ‘‘no’’ vote on these immediate requirements. this conference report. While the re- this conference report, I do want to ac- Consideration of this conference re- port is an improvement over the House knowledge that, despite these very real port comes during a continued period bill, it still falls short of where we need problems, there are things in this bill of critical challenges to our national to be on the question of detention that are important and that deserve security—from the rapidly growing na- without trial. Nonetheless, I do want Member support. For example, Senator tional debt, cybersecurity threats, and to commend the gentleman from Wash- SHAHEEN’s amendment to allow serv- across the threat spectrum to include ington for his conscientious work on icemembers and their dependents to

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7387 obtain abortions in military hospitals tioned about this issue, just read the want to thank you and Mr. SMITH and in cases of rape and incest rights a ter- language which says nothing changes your staffs for the hard work to com- rible wrong. But we must take great those basic constitutional rights. plete this 51st consecutive defense au- care. Our liberties are too precious to Mr. SMITH of Washington. Mr. thorization bill. As you know, the En- be cast aside in times of peril and fear. Speaker, I yield 2 minutes to the gen- ergy and Commerce Committee has an We have the tools to deal with those tlewoman from Guam (Ms. BORDALLO). interest in a number of provisions in- who would attack us. We do not need Ms. BORDALLO. Chairman MCKEON, cluded in the bill. One of the provisions to surrender our liberty. I thank you and, of course, Ranking is section 3113, which modifies section Because of this momentous challenge Member ADAM SMITH. 4102 of the Atomic Energy Defense Act. to the founding principles of the United I rise today, Mr. Speaker, in support My understanding of the Armed Serv- States—that no person may be de- of the conference report for H.R. 4310. ices Committee’s intention with regard prived of liberty without due process of This defense bill conference report to section 3113 is that, one, you want to law—this bill should be rejected. works to ensure that our men and reinvigorate a dormant statutory coun- Mr. MCKEON. Mr. Speaker, I yield 2 women in uniform are well trained and cil by updating it and transforming it; minutes to my friend and colleague, equipped through the authorization of and, two, you want to clean up the U.S. the vice chairman of the Armed Serv- $176 billion in operation and mainte- Code by eliminating obsolete language ices Committee and the chairman of nance funding, plus $62 billion for over- referring to the Assistant Secretary of the Subcommittee on Emerging seas operations, including Afghanistan. Energy for Defense Programs. Threats and Capabilities, the gen- The conferees have restored 77 air- Is that your understanding, as well? Mr. MCKEON. That’s correct. This tleman from Texas (Mr. THORNBERRY). craft and 3,313 people to the Air Force’s Mr. THORNBERRY. First, let me force structure, mostly in the Air Na- council will be an important mecha- commend the chairman, the ranking tional Guard and the Air Force Re- nism for improving communication, member, and all the staff members for serve, to ensure adequate resources are and the rest of section 4102 is defunct. Mr. WHITFIELD. It is also my under- getting us here. available to the States and the terri- standing that it was not the intent in Unfortunately, it is all too rare for tories to respond to mobilizations, section 3113 to affect the Secretary of the House to consider a bill with over homeland defense and disaster-assist- Energy’s management, planning and 140 amendments on the floor here, have ant missions. I am personally pleased oversight authority, or delegation au- it passed, have a bill pass the Senate, that the conferees did not allow the re- thority, related to the National Nu- go to a conference committee, and then tirement of Block 30 Global Hawks, clear Security Administration. have the conference report come back which provide critical ISR capability. Is that your understanding, as well? out to go to the President. It is all too I am particularly pleased that the Mr. MCKEON. That’s correct. To fur- rare, but if it’s going to happen, it conference report authorizes the Sec- ther affirm that, I’ve sent a letter to ought to happen on a bill dealing with retary of Defense to establish a pro- the Secretary of Energy making clear the country’s national security, and gram to provide space-available trans- the striking of this section in no way obviously that’s what this bill does. portation to Active Duty servicemem- affects the Secretary’s authorities. Mr. Speaker, I think this is a good bers and their dependents and Reserve Mr. WHITFIELD. Well, Chairman bill that makes significant progress in component members and others at the MCKEON, I want to thank you very a number of areas. From the Emerging Secretary’s discretion. much. The Energy and Commerce Com- Threats and Capabilities Sub- While I am disappointed that the mittee was concerned about the elimi- committee, which I’m pleased to lead conferees authorized percentage reduc- nation of portions of the underlying with Mr. LANGEVIN, the distinguished tions in the DOD civilian workforce, I section, and it is my understanding gentleman from Rhode Island, we en- expect the Department to implement that you will commit to working with hance oversight of cyber-operations in these reductions in compliance with the Energy and Commerce Committee this bill, although we both acknowl- the statutory requirements for a bal- next year to restore pertinent portions edge there is much more work to be anced workforce sized to meet mission of section 4102 of the Atomic Energy done in the field of cyber. We meet requirements, workload, and to miti- Defense Act. some of the unfunded requirements of gate risks in operational readiness. Mr. MCKEON. Yes, you have my com- our special operations forces. We take Most importantly, Mr. Speaker, this mitment and my thanks for bringing steps to improve the management of conference report takes a major step this to our attention. our science and technology programs. toward loosening restrictions on the Mr. WHITFIELD. Well, thank you. And there are improvements to acqui- obligation and the expenditure of U.S. It’s a joy working with you, and, once sition of information technology, and Government of Japan funds to sup- again, congratulations. which is an increasing challenge to the port the military buildup on Guam. I Mr. MCKEON. Mr. Speaker, at this Pentagon because it does not fit within believe that this bill sends a strong time, I yield 2 minutes to my friend our normal acquisition methods. message that the United States re- and colleague, the chairman of the Finally, Mr. Chairman, I would just mains committed to providing re- Subcommittee on Readiness, the gen- comment briefly. The gentleman from sources to refocus on the Asia-Pacific tleman from Virginia (Mr. FORBES). New York read the provision in this region Mr. FORBES. Mr. Speaker, first I bill that deals with detention. It is ab- I’m also pleased that the conference want to thank the chairman, the rank- solutely true that this bill affirms yet report includes a requirement that ing member and staff of the Armed again that the original Authorization flags from the District of Columbia and Services Committee for the great job for the Use of Military Force passed in the U.S. territories be displayed at U.S. that they have done in bringing this 2001 or last year’s NDAA does not military installations around the bill to the floor. change the basic constitutional rights world. This bill takes several steps to en- to which all persons in the United I ask my colleagues to support the sure our military readiness, including States are entitled. Now, it may be conference report. the restoration of funding to retain at that there are some people who are un- Mr. FRANK of Massachusetts. Mr. least three Ticonderoga-class guided happy with those basic constitutional Speaker, at the request of the chair- missile cruisers that the Navy proposed rights; they think it should be more, or man of the full committee, I would now to retire well before the end of their ex- they think the Supreme Court has mis- yield 2 minutes to him. I believe he in- pected service life. The conference also interpreted some of those rights. That tends to conduct a colloquy. added an additional 32 tactical airlift is a different debate. Mr. MCKEON. I thank the gentleman aircraft that are essential to meeting for yielding. the Army’s direct support airlift mis- b 1550 Mr. Speaker, I yield 2 minutes to the sions. These additional force structure But there has been a fair amount of gentleman from Kentucky for the pur- changes are essential to ensuring our misinformation on this point, and I pose of a colloquy. military meets mission requirements. think for all Members who are con- Mr. WHITFIELD. Well, thank you, The bill also refuses to authorize an- cerned about this issue who get ques- Chairman MCKEON, and I certainly other round of BRAC, which I believe

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Because that level of military is necessary to support our combatant ously the work done here to grow our engagement dictates the funding. commanders. cyberworkforce. The highly skilled Members have said this is a good bill While I support this bill, I’d be re- men and women who defend the United because it supports the men and miss if I did not express my concern as- States’ interests in cyberspace, in my women who we send into battle and sociated with continued discussions on opinion, are too few in number, and we into harm’s way. Of course it does. It further reductions to the Department have to reverse this trend, and we must would be immoral to do anything less of Defense budget. While I believe the attract, train and retain the very best. for them. The question is not whether Federal Government, including the De- Likewise, I’m pleased that this legis- having made a decision to be engaged partment of Defense, needs to seek ad- lation includes provisions I authored on a worldwide basis we fund them ade- ditional efficiencies, I reject the notion that ask the DOD to assess the state of quately, but whether we are asking that additional cuts to Federal Govern- next-generation directed energy tech- them to do too much. I would say my ment should be levied on the backs of nologies. DE technologies hold great general principle in part is this. our servicemen and -women who pro- promise. In the short and medium We have a superior military, wonder- vide so much. We hold a special trust term, they will not be a replacement ful men and women, very well-equipped with these men and women, and we for kinetic defenses; but they can be an thanks to this House and this Senate should oppose any proposal that seeks added benefit, whether it’s on missile and the administration. They do very to diminish the promises provided to defense or leak defense. well what a military can do. A military our valiant servicemembers. The SPEAKER pro tempore. The can stop bad things from happening. Mr. Speaker, I hope and encourage time of the gentleman has expired. Where we make the mistake is of our Members to support this bill. Mr. FRANK of Massachusetts. I yield asking these wonderful people to do Mr. SMITH of Washington. Mr. the gentleman an additional 1 minute. something that militaries are not good Speaker, I yield 2 minutes to the gen- Mr. LANGEVIN. I thank the gen- at: make good things happen, take on tleman from Rhode Island, the ranking tleman. roles in societies, quite literally and member on the Emerging Threats Sub- These technologies will not be, again, metaphorically, foreign to us and deal committee, Mr. LANGEVIN. a replacement for kinetic defenses; but with the deepest human problems of re- (Mr. LANGEVIN asked and was given given the threats that we face in terms ligious and cultural disagreements. permission to revise and extend his re- of raid sizes from adversaries on both I would be morally conflicted if I marks.) short-, medium-, and long-range mis- thought those kinds of interventions Mr. LANGEVIN. I want to thank siles, directed energy technologies do could be successful. I would like to al- Ranking Member SMITH for yielding add an added dimension of defense that leviate the people in Afghanistan who and also wish to thank Chairman can supplement kinetic defenses. suffer from some of these problems or MCKEON, both of them, for their hard With that, I want to thank all of my in Iraq or elsewhere, but the point is work on this bill and working so col- colleagues for their hard work on this we can’t do that. The best trained and laboratively on behalf of the men and bill. Again, I want to thank Chairman armed 30-year-old Americans can’t re- women in uniform and for our national MCKEON and Ranking Member SMITH solve the problems that rack those so- security. I also want to thank the com- for working so well together, their cieties. They can repel enemies, but mittee staff and all of my colleagues hard work; and I urge all of my col- they cannot create good societies. on the committee for their work on leagues to support this important leg- Beyond that, we are suffering, I be- this year’s legislation. I’d especially islation. lieve, from cultural lag. Sixty-seven like to give a special thanks to Chair- Mr. FRANK of Massachusetts. Mr. years ago, at the end of World War II, man THORNBERRY, who has been a su- Speaker, how much time remains on America needed to be there for vir- perb partner on the Emerging Threats all sides? tually every society in the world out- and Capabilities Subcommittee, and I The SPEAKER pro tempore. The gen- side of the vicious Communism pre- particularly want to thank him for his tleman from Massachusetts has 13 min- sided over by Joseph Stalin. The na- hard work and our collaborative work utes remaining, the gentleman from tions of Western and Central Europe together on cybersecurity, which I care California has 101⁄2 minutes remaining, had been weakened by World War II. passionately about. and the gentleman from Washington They were vulnerable to Stalin. While this legislation is not perfect has 12 minutes remaining. Russia had been weakened, too, but in my eyes, it represents a compromise he was able to use the brutal force of and common purpose that voters ex- b 1600 his system to put whatever resources pect of us, as well as our continued Mr. FRANK of Massachusetts. Mr. he had into a military that not only commitment to one of our fundamental Speaker, I yield myself my remaining threatened, but ate up freedom in purposes as Members of Congress—pro- time. many European countries. And Harry viding for the common defense. Mr. Speaker, I have some differences Truman, to his credit, with the bipar- Now, this bill makes important in- with particular provisions here, I tisan support from Congress said, No, vestments in both the people and the would agree with the gentleman from no further, and inserted American programs that make defense work. It New York, but that’s not my major troops and American money to keep ensures that we have a robust national reason. That’s not my reason at all for the weak nations of Western and Cen- security. I’m particularly proud to commandeering the time of this de- tral Europe from being overrun by Sta- note that it includes key provisions I bate, and I apologize to those on the lin. advocated for directing the procure- committee who worked so hard and Stalin, thank God, is dead, and the ment of an additional Virginia-class who had an expectation to be able to terrible system over which he presided submarine in FY 14. These boats are talk about this specifically. I tried to has crumbled. That does not mean that critical to our national security, and accommodate that some, but here is I believe Russia is a wonderful place to the hardworking men and women at my dilemma: it’s partly the structure live. I continue to be grateful to my Electric Boat in my district are build- of this institution and of our rules and grandparents for getting the heck out ing them ahead of schedule and under- of our task. of there, but it’s not a threat to the budget. This bill preserves the two- The committee does a very good job United States’ competence. boat-per-year model that has made of operating within the given param- On the other hand, the European na- such efficiencies possible. eters of America’s military engage- tions that we went in there to protect I would also like to highlight the im- ment. They discharge very well their are now strong and prosperous. We no portant cybersecurity provisions that obligation to fund that level. What we longer have weak nations in Central

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We lars of American money protecting the At a time when I’m being asked—I’m are spending money on the Navy that strong nations against a nonexisting not going to do it—to cut back on the protects every shipping lane every- threat. cost of living for Social Security, when where in the world as if we were the Japan was disarmed 67 years ago be- we don’t have adequate funds for only ones who had that interest. health research, when we have had cit- cause of understandable fears. Japan, b 1610 today, is a very different country, and ies lay off police and fire—you’re wor- an American policy that insists on sub- ried about the safety of Americans? Now let me give this one—surprising sidizing the defense of Japan because of Let’s give the cities the resources not from conservatives—which is to airlift what happened 67 years ago is a dis- to lay off police and fire—I don’t want humanitarian aid anywhere in the service to the American people. to vote money to hold at risk any ac- world. I wish we were doing more in I want us to be the strongest nation tual or potential enemy target any- Haiti, and I wish we were doing more in the world, Mr. Speaker. Some of my where in the world. to stop children from dying of illness in liberal friends say that sounds By the way, we have to do this our- Africa—but we have to give humani- xenophobic. It’s very simple. Some- selves, because the next thing we have tarian aid anywhere in the world to our body’s going to be the strongest nation to do is ‘‘protect the ground forces of wealthy allies and others? Frankly, I in the world by the process of elimi- friends and allies.’’ Why can’t some of wish we were better able to deliver hu- nation. I look at the candidates, and our allies protect their own ground manitarian aid to New Jersey than to I’m for us. forces? Is there something about Ger- rich countries elsewhere. I don’t say I will be honest with you, if Denmark many and Italy and France and Spain that as an isolationist. I wish we were had the possibility of being the strong- and England and Japan that renders doing more in some ways. I regret the est nation in the world, I would be them genetically incapable of having attack on the International Monetary pretty relaxed about it, but they can’t their own air forces? I know we were Fund—that I hear from my Republican handle it. It’s either going to be us or told we have to stay in Iraq and Af- colleagues—which would destabilize some country I’m not that crazy about. ghanistan because they don’t have Europe. I would like to increase eco- But we can be the strongest nation in their own air force, but neither do the nomic aid. I would like to do more to the world much less expensively than people attacking them. fight AIDS and malaria. I would like to we are. The next thing we are told is ‘‘to pro- do it in a more effective way. Now, I’m told, in part, well, it’s bad Let me read from some who are crit- tect the U.S. from a nuclear attack.’’ I for jobs if you cut the military. That is ical because this President hasn’t gone agree. We have a nuclear capacity that a head-swiveling degree of inconsist- far enough. And a couple of my col- far exceeds any potential combination ency. I am told by many of my Repub- leagues have praised the bill for put- of enemies. We had, during the height lican colleagues, when the Federal ting more weapons into play than the of the Cold War, the triad. We could de- Government provides aid to cities to Pentagon wants for objecting to their stroy the Soviet Union in a thermo- keep firefighters on the job, when it retirement of these weapons; in other nuclear war, and they had the capacity builds roads, when it builds housing for words, it’s more money than the Pen- to go after us by missiles, submarines, the elderly, that somehow that’s just tagon wanted in some cases. Here’s the or strategic air command. something called ‘‘stimulus,’’ which viewpoint that I think is being ex- I have a proposal that sounds like doesn’t add to the economy; but appar- pressed here. I’m kidding. Sometimes I’m kidding; ently, when we spend money to main- In an article in The Wall Street Jour- this time I’m not. Can we not go to the tain bases in Germany or in Okinawa, nal on November 7, the day after the Pentagon and say, You know what? when we build weapons that aren’t election—hope springs eternal for some Now that there is no Soviet Union, needed, and even more when we main- people—Mr. Jack David and Michael there is a much weaker Russia—and I tain a nuclear arsenal we don’t need, Dunn wrote an op-ed piece. Mr. David agree, Russia won a war against Geor- that somehow, magically, that creates was the Deputy Assistant Secretary of gia. They won a war against the coun- jobs. It’s as if Keynes were only right if Defense in the Bush administration; try of Georgia. I think the way that we he were armed. It’s military Mr. Dunn had the former presidency have armed the State of Georgia, I’m Keynesianism. over the Air Force Association. Here’s not sure what the outcome would be if The government does not help with what they say in support of more air- that was the war. But Russia does not the economy. Of the people who have craft, part of which the committee ap- have anything like the capacity it had said no government stimulation of the peared to be responding to. It wasn’t at the height of the Cold War. We still economy, how can they, Mr. Speaker, directly, but it was in consonance with have the capacity to destroy them. Can then turn around and say, We’ve got to it. They complain that the Air Force we not say to the Pentagon, You know do this for jobs? By the way, I think has been a victim of its success. They those three ways you have for destroy- there is a government role in stimu- say: ing the Soviet Union? Please pick two. lating the economy. Defense tends to Ironically, the inattention and repeated Would we not be very secure against a be, on the whole, the least efficient cuts that have taken a toll on this branch of Soviet nuclear attack if we had two in- way to do it. The largest percentage of the military haven’t received the public at- stead of the three and can save billions it is spent overseas. If we close down tention they deserve because the Air Force of dollars? bases in NATO, it’s going to hurt some has been so successful. No U.S. soldier has Now we’re told, also, we must ‘‘pro- been killed by enemy airpower since 1953. people—but not here—and people who For six decades, the Air Force has been able vide navigation through its global posi- can afford it. Now I’m told, Well, that’s to deny operational airspace to adversaries, tioning systems.’’ We have to protect, mean because you’re allies, and you’re so U.S. ground forces have operated with lit- I’m told, the trade routes everywhere supposed to have troops where your al- tle fear of enemy aircraft attacking their po- in the world, we have to protect them lies are. Then how come I never saw sitions. against China. any Belgian troops at the border in the This is in The Wall Street Journal, Mitt Romney got something right in United States? It’s a one-way street. written by a former Bush Assistant his debate with the President when he Now, let me say of the President— Secretary of Defense and the head of said he’s not afraid of toughening sanc- and he has done a very good job, and I the Air Force Association. tions against China for currency ma- appreciate his withdrawal from Iraq But they say it’s not enough to have nipulation because, he says, people say and his resisting of some of the pres- had no American killed since 1953—for they’re going to cut off their trade. sure, but he should go further. I did which I’m very pleased—and have to- They make an enormous amount of note—and the country is ready for tally dominated every battlefield for money out of that trade. Why would this—that during that memorable mo- six decades. Here’s what we have to do, they cut it off? Agreed. Why would the ment when Clint Eastwood lost the de- they say: Chinese shut down the navigation bate to a chair that one of the things

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That’s not because there is any tions of Michael Higgins, who is a re- simply be irrational to believe that we lack of bravery or skill on the part of tiring subcommittee staffer and true cannot have a contribution from the those wonderful young people who are professional who has devoted 23 years defense sector of our budgets when we there. It’s not their fault that we have of service to the committee after sev- are struggling to do what Admiral put them in a place they no longer ering 20 years in the Air Force. Mike Mullen says is the number one security ought still to be. We ought to withdraw has made a positive difference on be- issue that we have, and that is the fis- them. half of servicemembers, military fami- cal stability of our country and the I have one difference with the Presi- lies, and veterans. elimination of our debt. So I thank Mr. dent, let me say in closing. On this, he I urge my colleagues to support the FRANK for his contribution. says—however he’s the President, and conference report. Mr. Speaker, I rise in support of the when you’re the President, they all tell Mr. Speaker, the following is my statement conference report, a bipartisan meas- you these things—that America is the in its entirety: Thank you Mr. Chairman for ure to enhance our national security indispensable Nation. We were in 1945. your successful leadership for peace through and provide for our troops. Ranking We should not consider ourselves to be strength. The Conference Report for the Na- Member SMITH and the chairman, Mr. the indispensable Nation today. We are tional Defense Authorization Act provides our MCKEON, and our Democrats on the not indispensable to the defense of Ger- war fighters, veterans and military families the committee have worked closely with many and Italy and England, and we care and support they deserve and have their Republican counterparts for a act as if we are. We’re not indispen- earned; additionally ensuring that proposed long time to craft a bill that will sable in keeping open sea lanes for drawdown plans do not cut to the heart of the strengthen our defense against emerg- other countries. Frankly, Mr. Speaker, Army and Marine Corps. Specifically, the con- ing threats while ensuring that our the time has come for us to urge ference report will: troops in Afghanistan and around the wealthy nations that face no signifi- Authorize a troop pay increase of 1.7% and world have the resources they need to cant threat to dispense with us from extend bonuses and special pay for our serv- get the job done that we have given the standpoint of our military activity. ice members; limit end strength reductions for them. This bill includes a number of So that’s my objection to this bill. It the active Army and Marine Corps; provide key provisions, and Ranking Member does a reasonable job—with some dis- significant new regulations and procedures for SMITH and his counterparts deserve agreements some of us would have—of combating and prosecuting sexual assault great credit for ensuring their inclu- funding the current level of commit- within the military; extend access to family sion: ment, but the current level of commit- housing for six months and Commissary and For one, the bill expands the mili- ment far exceeds any rational defini- Exchange benefits for two years for troops tary’s toolkit when it comes to pre- tion of ‘‘national security.’’ It’s zero who are involuntarily separated; and control venting sexual assault—a profoundly the rate of co-pay increases for the Tricare, sum. It comes at the expense of every unsettling problem in the military. Im- pharmacy benefit. other program we try to maintain to portantly, from my perspective, this From the beginning, the military personnel conference report preserves the Sha- promote the quality of life in the provisions in the Fiscal Year 2013 Defense heen language added in the Senate, ex- United States. I hope the bill is de- Authorization Act have resulted from a bipar- tending health coverage for female feated. tisan process. I want to thank the sub- The SPEAKER pro tempore (Mr. servicemembers, on whom we are so de- committee Ranking Member, Congresswoman pendent in our Armed Forces, or their LATOURETTE). The gentleman’s time SUSAN DAVIS for her contributions and support has expired. dependents who need access to emer- in this process. gency services following an incident of Mr. MCKEON. Mr. Speaker, I yield 2 Additionally, I appreciate the dedication of minutes to my friend and colleague, rape or incest; the Subcommittee staff: John Chapla, Debra In recognizing the importance of the chairman of the Subcommittee on Walda, Jeanette James, Craig Greene, and strong military ties with Israel, this Military Personnel, the gentleman Jim Weiss along with Military Legislative As- bill authorizes nearly $480 million for from South Carolina (Mr. WILSON), a sistant Chad Sydnor and Military Fellow, Ma- missile defense cooperation with our member of the conference committee. rine Master Gunnery Sergeant Michelle King. longtime and critical ally. That in- Mr. WILSON of South Carolina. I also want to note the contributions of Mi- cludes $211 million for the Iron Dome Thank you, Mr. Chairman, for your chael Higgins, a retiring subcommittee staffer system, which was critically successful successful leadership of peace through and true professional, who has devoted 23 in defending Israeli citizens against strength. years of service to the committee, after serv- Hamas rockets from Gaza just a few The conference report for the Na- ing 20 years in the Air Force. Mike will be re- weeks ago; tional Defense Authorization Act pro- tiring soon and this conference report will be We also remain committed to efforts vides our warfighters, veterans, and his last one. Mike has made a positive dif- that compel Iran to abandon its nu- military families the care and support ference on behalf of service members, military clear weapons program which threat- they deserve and have earned. Specifi- families and veterans. ens the United States and our allies. cally, the conference report will au- I urge my colleagues to support the con- To that end, this bill further tightens thorize a true pay increase of 1.7 per- ference report on the Fiscal Year 2013 Na- sanctions on Iran. I strongly support cent, limit end-strength reductions for tional Defense Authorization Act. those sanctions; the active Army and Marine Corps, Mr. SMITH of Washington. Mr. I was also pleased to see the con- provide significant new regulations and Speaker, I yield 3 minutes to the dis- ference report does not include dan- procedures for combating sexual as- tinguished minority whip, the gen- gerous House-passed language that sault, extend access to family housing tleman from Maryland (Mr. HOYER). would have prevented the administra- and commissary-exchange benefits for (Mr. HOYER asked and was given tion from using all the judicial tools troops who are involuntarily separated, permission to revise and extend his re- available to bring terrorists to justice. and control the rate of co-pay increases marks.) The SPEAKER pro tempore (Mr. for TRICARE. Mr. HOYER. I thank my friend Mr. LATOURETTE). The time of the gen- From the beginning, the military SMITH, the ranking member, and I tleman has expired. personnel provisions have resulted thank Mr. MCKEON for the work that Mr. SMITH of Washington. I yield from a bipartisan process. I want to they have done; and I want to thank the gentleman an additional minute. thank subcommittee ranking member, my friend BARNEY FRANK for the Mr. HOYER. I thank the gentleman. Congresswoman SUSAN DAVIS, for her thoughtful perspective he brings to the Like any compromise, this is not a contributions. Additionally, I appre- consideration of this bill. perfect bill. We don’t pass perfect bills, ciate the dedication of the staff: John As we struggle to get America on a but it’s a good bill that is worthy of Chapla, Debra Wada, Jeanette James, fiscally sustainable path, none of us in support.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7391 I would be remiss if I did not note my defense is, and I’m grateful that the trative separation medical examina- concern with section 533—unnecessary conference report includes the $211 mil- tions for post-traumatic stress disorder and, in my opinion, dangerously vague lion recommended in the Strategic to include licensed clinical social language that represents another back- Forces mark this past April for Iron workers and psychiatric advanced prac- door attack on the highly successful Dome, and it supports our other coop- tice registered nurses. repeal of the discriminatory Don’t Ask, erative missile defense programs with We all know sexual assault remains a Don’t Tell policy and the open service Israel. focus for the Congress, and there are a of courageous gay and lesbian service- I want to thank Chairman MCKEON number of provisions that help to ad- members. for his leadership that has resulted in dress the problem, including prohib- As Barry Goldwater so aptly said, the 51st consecutive National Defense iting the granting of waivers for com- what I’m concerned about is not Authorization Act, and we look for- missioning or enlistment of an indi- whether they’re straight, but whether ward to beginning work on the 52nd. vidual who has been convicted of sex- they can shoot straight. We ought to I also want to thank Tim Morrison, ual offenses under Federal or State focus on competency and patriotism, lead staff of the Strategic Forces Sub- law, and it requires the services to es- not anything else. committee, for his expertise and his tablish special victim capabilities for On balance, this is critical national leadership in ensuring that our Stra- investigation, prosecution, and victim security legislation, and I urge my col- tegic Forces Subcommittee and this support in connection with child abuse, leagues to join me in supporting it. Our mark include important initiatives to serious domestic violence, or sexual of- troops continue to do an outstanding protect our national security. fenses under the Uniform Code of Mili- job. Many of them are at the point of Lastly, I, too, want to join many who tary Justice. the spear in harm’s way. We owe them are congratulating Mr. FRANK on the The bill authorizes the Defense De- our gratitude and our continuing sup- end of his congressional career, but I partment to establish transition assist- port. do want to note his rhetorical question ance programs for members of the Mr. MCKEON. Mr. Speaker, I yield 2 of why do we have troops in Europe de- Guard and Reserve components who minutes to my friend and colleague, fending Europe against the Soviet serve on active duty for more than 180 the chairman of the Subcommittee on Union that no longer exists. Even days, a program that previously did Strategic Forces, a member of the con- though it is a statement that many not exist. ference committee, the gentleman Members state here on the House floor, And the bill provides female service- from Ohio (Mr. TURNER). it is absolutely incorrect. There is not members and dependents with the same Mr. TURNER of Ohio. Thank you, one servicemember that we have there reproductive rights in cases of rape and Chairman MCKEON. that’s doing anything but essential incest that other women in Federal Mr. Speaker, I urge my colleagues to health plans can already exercise. work to our national security. support the conference report for the The SPEAKER pro tempore (Mr. Mr. SMITH of Washington. Mr. National Defense Authorization Act for LATOURETTE). The time of the gentle- Speaker, I yield 2 minutes to the gen- Fiscal Year 2013. woman has expired. tlelady from California (Mrs. DAVIS), This bill sets important national se- Mr. SMITH of Washington. I yield ranking member on the Military Per- curity priorities, such as the block-buy the gentlewoman an additional 30 sec- sonnel Subcommittee. procurement of two space-based infra- onds. Mrs. DAVIS of California. Mr. Speak- red system satellites. It also estab- Mrs. DAVIS of California. I want to er, I rise in support of H.R. 4310, the lishes important oversight mechanisms note, Mr. Speaker, that the bill con- National Defense Authorization Act for for the acquisition timelines of sat- tinues to recognize the sacrifices of Fiscal Year 2013. ellite, ground, and user-terminal seg- those who serve our Nation in uniform. As the ranking member of the Mili- ments of space programs, which have During a time when many young Amer- tary Personnel Subcommittee, I’m been lacking in recent years. icans of all stripes—male and female, very pleased that this bill includes a The conference report urges and en- gay and straight, from every ethnic number of provisions that continue our sures greater efficiency and effective- background conceivable—are forward commitment to our men and women in ness at the National Nuclear Security deployed and all around the globe, we uniform and their dedicated families. I Administration by limiting the bu- in the Congress have an obligation to want to thank my chairman, JOE WIL- reaucracy and paper-pushing, and be- ensure that these men and women are SON, for his support and assistance, and gins the process of important reforms provided for. We must stand up to this recognize the chairman of the House of the Defense Nuclear Facilities Safe- important obligation. I urge all of my Armed Services Committee, BUCK ty Board. colleagues to support the bill. MCKEON, and ADAM SMITH, the ranking Mr. MCKEON. Mr. Speaker, I yield 2 b 1620 member, for their leadership. minutes to my friend and colleague, It requires the administration to Here are a few highlights from the the gentleman from Virginia (Mr. make good on its nuclear infrastruc- conference report. WITTMAN), the chairman of the Sub- ture modernization promises, including There will be a 1.7 percent pay raise, committee on Oversight and Investiga- completing the Los Alamos Chemistry a critically important recognition of tions and a member of the conference and Metallurgy Research Replacement what our servicemembers do for us, committee. Nuclear Facility by 2026. The United particularly during economically chal- Mr. WITTMAN. Mr. Speaker, I would States must not be the only nuclear lenging times. like to start by thanking our chair- weapons state without a meaningful It provides separation authorities as man, Mr. MCKEON, and ranking mem- production capability. the services reduce their end strength. ber Mr. SMITH for their leadership, and It also imposes important oversight These authorities will be crucial to the to thank all the staff for their great on unilateral nuclear reductions, in- Department’s ability to execute its work. You know, in this city where cluding requiring a new nuclear pos- drawdown in a responsible manner that partisan strife tends to reign supreme, ture review. ensures that long-serving members and it is truly refreshing to see folks able Lastly, it supports a robust national their families are compensated appro- to work across the aisle and focus on a missile defense, including requiring the priately. common goal, which is ensuring that Department of Defense to begin the We continue our focus on mental the men and women of our all-volun- work of fielding an additional missile health by codifying the Suicide Pre- teer force are provided with the high- defense site in the United States, like- vention and Community Health and est-caliber resources, training, and au- ly on the east coast. As I have told my Response Program for the National thorities as they step into harm’s way colleagues for some time, every Mem- Guard and Reserves. Additionally, the to complete their missions. ber of Congress is just three classified bill requires the Secretary of Defense Our Nation is the greatest nation the briefings away from understanding how to providing training on suicide pre- world has ever known, precisely be- important this site is. vention, resilience, and community cause our brave servicemen and Our Israeli allies have proven how health, and it expands the scope of pro- -women make up the finest military important an effective, layered missile viders who may conduct pre-adminis- the world has ever known.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7392 CONGRESSIONAL RECORD — HOUSE December 20, 2012 But our military is certainly facing pabilities are tailored to our national for our troops and thank them for their many difficult challenges, both here at security requirements, and that service and their sacrifice. home, where the Pentagon has endured they’re cost-effective. How do we do Mr. SMITH of Washington. Mr. 50 percent of the Nation’s deficit reduc- that? As a first step, we’re going to Chairman, I yield 2 minutes to the gen- tion despite the fact it only comprises have detailed studies and independent tleman from North Carolina (Mr. MCIN- 20 percent of the budget, and also reviews of maintaining our nuclear TYRE), the ranking member on the abroad, where our troops continue to weapons and analyses on plutonium pit Seapower Subcommittee. serve bravely in Afghanistan, and reuse and on current requirements for Mr. MCINTYRE. Mr. Speaker, I rise where geopolitical focus is beginning plutonium pit production. today in support of the National De- to shift to the Asia Pacific. The bill also does not contain some fense Authorization Conference Report. These challenges have certainly been very controversial issues we had in the I appreciate the hard work of Chairman at the heart of efforts by the Oversight House version, in particular, that MCKEON and Ranking Member SMITH and Investigations Subcommittee would have weakened our health, safe- and that of my counterpart, Chairman throughout the past year. And over the ty, and security across the nuclear AKIN, on the Seapower and Projection past 6 months, the O&I Subcommittee weapons complex and really under- Forces Subcommittee, on which I serve convened a number of hearings and mined what I believe is our Federal as ranking member. briefings on the training and develop- oversight role. These steps will help us Among other important measures, ment of the Afghan National Security to sustain the deterrent force we need this report provides a 1.7 percent pay Forces. I consider this issue one of our to meet 21st century challenges with- raise, well deserved for our military national security imperatives, and we out overspending or compromising the servicemembers. It authorizes nearly must continue to monitor this effort in safety of our workers or the public. $11 billion, which is almost $160 million the months to come. There is some concern still: a $6 bil- more than the President’s budget origi- Since June of 2011, the subcommittee lion plutonium facility remains part of nally requested for our U.S. Special Op- also conducted an extended study of our immediate plans even though the erations Command, which has been a the Navy’s 30-year shipbuilding pro- Department of Defense, the U.S. Stra- key component of the war against vio- gram in order to better understand the tegic Command, the National Nuclear lent extremists. effectiveness of this plan and its im- Security Administration, and the Na- And I can tell you, as the cochairman pact on the defense industrial base. tional Laboratories, they all agree we and cofounder of the Special Oper- These initiatives, and others like don’t need this facility for at least an- ations Forces Caucus, and one who rep- them, have been aimed at maximizing other 5 years, and they prefer more resents Fort Bragg, home of the U.S. the successes of our military, increas- cost-effective ways of doing this. Army Special Operations Command ing our capabilities for future suc- b 1630 and Joint Special Operations Com- cesses, and ensuring efficient and effec- But, unfortunately, this was contin- mand, and who has constituents who tive use of resources and funding. serve at the Marine Special Operations At the heart of all of this, we must ued in this bill, and many other provi- Command at Camp Lejeune, I am ex- ensure that the looming defense cuts sions. Thank you again. tremely pleased to see this investment under sequestration are addressed. Our Lastly, I want to thank all of the in our Special Operations Forces war- national security depends on us getting staff for having helped us. To Mr. this right. MCKEON, and also to my ranking mem- riors who are often on the front lines This conference report today echoes ber, thank you so much. during global conflicts. these goals of providing for our mili- Mr. MCKEON. Mr. Speaker, I yield 1 Also, as ranking member of the tary, and I’d like to thank the Mem- minute to the gentlewoman from Mis- Seapower Subcommittee, I’m pleased bers and staff for their dedication to souri (Mrs. HARTZLER), my friend and that the conference report makes real our men and women in uniform. colleague, a member of the Armed investments in our Nation’s sea power Most importantly, Mr. Speaker, I’d Services Committee. by authorizing 10 new ships, a multi- like to thank the soldiers, sailors, ma- Mrs. HARTZLER. Mr. Speaker, I rise year procurement authority for 10 rines, airmen, and Coast Guardsmen in support of the conference report for Arleigh Burke-class destroyers, and a who selflessly serve this Nation on a H.R. 4310, the National Defense Author- multi-year procurement authority for daily basis. Without their service, we ization Act for Fiscal Year 2013. I want 10 Virginia-class submarines, as well as would not be the great Nation we are to thank Chairman MCKEON and Rank- the authority to fund them incremen- today, and their example inspires me ing Member SMITH and all the col- tally. on a daily basis. leagues of the conference committee The incremental funding gives the Mr. SMITH of Washington. Mr. for working together in a bipartisan Navy greater flexibility in funding the Speaker, I yield 2 minutes to the gen- fashion to bring this important bill to new submarines and will take advan- tlelady from California (Ms. LORETTA the floor for the 51st consecutive year. tage of the savings generated from the SANCHEZ), the ranking member on the The legislation we have brought here Virginia-class attack submarines that Strategic Forces Subcommittee. to the floor supports America’s defense continue to come in underbudget. Ms. LORETTA SANCHEZ of Cali- capabilities to better protect our Mr. Speaker, I thank my colleagues fornia. I thank the ranking member, homeland and support our troops. It is for their hard work on this conference Mr. Speaker. a good bill that will provide them with report. We stand up for America’s de- As the ranking member on the Sub- the tools and funding they need as they fense and for those that serve our coun- committee on Strategic Forces, I’m protect our freedoms and our liberties. try, and I look forward to its passage pleased with many of the provisions There is no higher priority than advo- on the House floor today. here in this conference report. cating on their behalf, and they de- Mr. MCKEON. Mr. Speaker, I yield 2 In the fiscal year 2013 NDAA, we suc- serve nothing less than our best. minutes to the gentleman from Texas cessfully included strong support for There’s good news for our military (Mr. GOHMERT), who’s been very helpful the national security space programs, personnel. The bill authorizes a troop in putting together the final bill. our nuclear deterrent, and our nuclear pay increase of 1.7 percent and ex- Mr. GOHMERT. Mr. Speaker, on Sep- nonproliferation efforts, including an tended bonuses and special pay for our tember 18, 2001, 7 days after the worst increase for the global threat reduction men and women in uniform. Person- attack in American history, the au- initiative and steps for a renewed ban ally, I’m proud to see important mili- thorized use of military force was on exports of highly enriched uranium. tary construction projects funded at passed. And I’ve come to understand I’m also pleased that the bill author- Fort Leonard Wood. In addition, the how legislation can be hurriedly ized funding for nuclear cleanup, and bill continues support for the family of thrown together, and it was. We were homeland and regional missile defense, long-range strike bomber programs, in- in a crisis. including strong support for our U.S.- cluding the B–2, whose home is White- In those days I was a judge. When I Israeli cooperation. man Air Force Base. got to Congress and the NDAA came up That section of the bill also contains Mr. Speaker, I’m proud to vote for to extend, reauthorize the AUMF, this important provisions to ensure our ca- this legislation and continue to pray issue of whether American citizens

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7393 were protected came up. Some mistak- that they’ve done ever since May, when breast cancer study. Last night before the enly thought the NDAA did some we first put together the bill on the Rules Committee I spoke of an amendment I granting of power to the President that House side, and then the accelerated offered to H.R. 4310 ‘‘National Defense Au- he shouldn’t have, but actually it was time schedule that they had to operate thorization Act,’’ which directed the Depart- in the original AUMF. It said the under because the Senate waited until ment of Defense Office of Health to work in President could basically go after any December 4 to pass their bill, and we collaboration with the National Institutes of nation, organization, or person that he had to throw together a quick con- Health to identify specific genetic and molec- thought was a threat or may have par- ference report. ular targets and biomarkers for Triple Negative ticipated. That needed to be reined in. There are an endless array of criti- Breast Cancer (TNBC). In addition, the I’ve worked with some of my col- cally important legislative issues that amended language was designed to result in leagues, with professors, with legal ex- are handled in this bill, and the staffs the generation of information that could then perts. Even though one professor went that we have do an amazing job under be useful in biomarker selection, drug dis- to Harvard, they’ve been immensely a tight timeline of working together to covery, and clinical trials design. This will en- helpful, and we’ve crafted language. resolve differences and come up with able medical professionals to identify TNBC And I even appreciate Senator LEVIN the best legislation. We have an out- patients earlier in the progression of their dis- working with us and Chairman MCKEON standing staff. We could not do this ease and would help advance the develop- being willing to look at these different without them. ment of multiple targeted therapies for the dis- issues. Again I will emphasize that I hope ease. Our original amendment included a this bill shows that it’s possible that My amendment which passed the House 30-day requirement. Within 30 days people who disagree—and you can hear was designed to highlight the importance of there had to be a writ of habeas corpus from our debate there are many things studying and eventually finding effective treat- hearing. Yet we got criticized, saying we disagree strongly about, certainly ments for triple negative breast cancer. you’re restricting to only 30 days, so Republicans and Democrats, but also I was pleased to note that, although it was we took that out. House and Senate. Yet somehow we not included in the bill we vote on tonight, my The language in here, as Mr. NADLER come together and put together this amendment helped generate the language in- pointed out, does not protect American 1,600-page bill to spend $633 billion and cluded today in Title 7, Section 737 which citizens in foreign countries. That will provide for the common defense of the highlights the importance of breast cancer have to be done another day. But it United States of America. among members of the armed services. I wish So I urge support, and I thank all does go beyond what I originally want- to emphasis the importance of addressing ed to do and protects people that are in those involved in this work product. I yield back the balance of my time. trople negative breast cancer and that this as- the United States, if they are author- Mr. MCKEON. Mr. Speaker, I yield pect must be included in the National Defense ized under our Constitution to have myself the balance of the time. Reauthorize. those protections. Mr. Speaker, I once again rise in sup- Triple negative breast cancer is a specific I am grateful that these things have port of this bipartisan fiscal year 2013 strain of breast cancer for which no targeted been done. I’m grateful this language is National Defense Authorization Con- treatment is available. The American Cancer in there to restrict the President’s ference Report, and I concur totally Society calls this particular strain of breast power back to what I think was appro- with the concluding remarks of Mr. cancer ‘‘an aggressive subtype associated priate under the Constitution. I will be SMITH. Our staff has done a fantastic with lower survival rates.’’ voting for the NDAA and appreciate job. And I have enjoyed working with I believe that through a coordinated effort the chairman’s indulgence in my push him, and we will continue to work to- between the DOD and NIH that they can de- to get this done. gether in a bipartisan way. velop a targeted treatment for the triple nega- Mr. SMITH of Washington. Mr. This NDAA bill passed the Armed tive breast cancer strain. Speaker, I yield 1 minute to the gen- Services Committee on a vote of 56–5. Breast cancers with specific, targeted treat- tleman from Georgia (Mr. JOHNSON), a It passed the full House by nearly 300 ment methods, such as hormone and gene member of the committee. votes; and, likewise, the Senate adopt- based strains, have higher survival rates than Mr. JOHNSON of Georgia. Mr. Speak- ed its version of the bill unanimously. the triple negative subtype, highlighting the er, I rise to thank the conferees for in- However, I fully acknowledge we had need for a targeted treatment. cluding in the NDAA language I au- to tackle tough issues in a very com- Today, Breast cancer accounts for 1 in 4 thored to help prevent tragic cases of pressed timeframe, as Mr. SMITH point- cancer diagnoses among women in this coun- suicide among members of the mili- ed out. Every one of us could find try. It is also the most commonly diagnosed tary. Military suicides are, sadly, in- something in this bill that we would cancer among African American women. The creasing, with 280 suicides this year in rather change, but none of us can deny American Cancer Society estimates that in the Active Duty and Reserve Army that this bill has been exhaustively de- 2011, more than 26,000 African American alone. bated. It’s the only major authoriza- women will be diagnosed with breast cancer, The new language would allow mili- tion bill that’s been able to proceed and another 6,000 will die from the disease. tary commanding officers and mental through regular order in both the Between 2002 and 2007, African American health professionals to talk to troubled House and the Senate this year. women suffered a 39% higher death rate from servicemembers about their personal The House considered 303 amend- breast cancer than other groups. firearms and encourage them to safely ments, between the committee and the African American women are also 12% less store those weapons in a military facil- floor. The Senate considered at least likely to survive five years after a breast can- ity or by means of a gun lock. The pro- 151 amendments. We’ve all had a cer diagnosis. One reason for this disparity is hibition of such confidential dialogue, chance to have our say on this bill and that African American women are which this language repeals, prevented to have the Congress act its will. disproportionally affected by triple negative potentially lifesaving conversations be- I urge my colleagues to join me in breast cancer. tween counselors and servicemembers. ushering this bill across the finish line More than 30% of all breast cancer diag- We owe it to our soldiers and their and vote ‘‘yes’’ on adoption of the con- noses in African American are of the triple families and their loved ones to do ev- ference report. This is a good piece of negative variety. Black women are far more erything we can to help them, and this legislation that’s critically needed by susceptible to this dangerous subtype than language is a small step in that direc- our troops. white or Hispanic women. tion. I yield back the balance of my time. FAST FACTS Mr. MCKEON. Mr. Speaker, I reserve Ms. JACKSON LEE of Texas. Mr. Speaker, Breast cancer accounts for 1 in 4 cancer di- the balance of my time. I rise in opposition to the Conference Report agnoses among women in this country. Mr. SMITH of Washington. Mr. on the National Defense Authorization Act of The survival rate for breast cancer has in- Speaker, I yield myself the balance of 2012 but will use this statement to speak of creased to 90% for White women but only my time to close. And I really want to the silver lining in this otherwise flawed legis- 78% for African American Women. close just to emphasize how important lation. African-American women are more likely to the work is that our staffs do, both in The silver lining of which I speak is Title 7, be diagnosed with larger tumors and more ad- the House and the Senate. The work Section 737, which includes language for a vanced stages of breast cancer.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7394 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Triple-negative breast cancer (TNBC) is a This language simply continues the flawed this unconstitutional authority. It was a simple, term used to describe breast cancers whose policies established in the 2011 Defense Au- readable amendment. Others tried to thwart cells do not have estrogen receptors and pro- thorization Bill. our straightforward efforts by crafting elabo- gesterone receptors, and do not have an ex- Ms. LORETTA SANCHEZ of California. Mr. rately worded amendments that in practice did cess of the HER2 protein on their cell mem- Speaker, as a conferee and senior member of noting to protect us from this measure in the brane of tumor cells. the House Armed Forces Committee, due to bill. Likewise this year there were a few cele- Triple Negative Breast Cancer (TNBC) cells unforeseen health complications, I was unable brated but mostly meaningless attempts to ad- are usually of a higher grade and size; onset to sign the Conference Report to H.R. 4310, dress this issue. One such effort passed in the at a younger age; more aggressive; and more the National Defense Authorization Act of senate version of this bill. The conferees have likely to metastasize. FY2013 on December 18, 2012. If I had the simply cut it out. The will of Congress was TNBC also referred to as basal-like (BL) opportunity to sign the Conference Report to thus ignored by a small group of Members due to their resemblance to basal layer of H.R. 4310, I would have signed it. and Senators named by House and Senate epithelial cells, there is not a formal detailed Mr. PAUL. Mr. Speaker, I rise to oppose leadership. classification of system of the subtypes of what will be the final National Defense Author- There are many other measures in this these cells. TNBC is in fact a heterogeneous ization Act (NDAA) I will face as a Member of NDAA Conference Report to be concerned group of cancers; with varying differences in the U.S. House of Representatives. As many about. It continues to fund our disastrous wars prognosis and survival rate between various of my colleagues are aware, I have always in Afghanistan, Pakistan, Yemen, and else- subtypes. This has led to a lot of confusion voted against the NDAA regardless of what where for example. amongst both physicians and patients. party controls the House. Far from simply pro- The Conference Report contains yet another Apart from surgery, cytotoxic chemotherapy viding an authorization for the money needed round of doomed-to-fail new sanctions against is the only available treatment, targeted mo- to defend this country, which I of course sup- Iran. These are acts of war against Iran with- lecular treatments while being investigated are port, this authorization and its many prede- out actually firing a shot. But this time the not accepted treatment. cessors have long been used to fuel militariza- House and Senate conferees are going further Between 10–17% of female breast cancer tion, enrich the military industrial complex, ex- than that. The report contains language that patients have the triple negative subtype. pand our empire overseas, and purchase mili- pushes the U.S. as close to an actual author- Triple-negative breast cancer most com- ization for the use of force against Iran as we monly affects African-American women, fol- tary and other enormously expensive equip- can get. The Report ‘‘. . . asserts that the lowed by Hispanic women. African-American ment that we do not need and in large part U.S. should be prepared to take all necessary women have a prevalence of TNBC of 26% vs does not work anyway. They wrap all of this measures, including military action if required, 16% in non-African-American women. mess up in false patriotism, implying that TNBC usually affects women under 50 Members who do not vote for these boon- to prevent Iran from threatening the U.S., its years of age. African American women have a doggles do not love their country. allies, or Iran’s neighbors with a nuclear weap- prevalence of premenopausal breast cancer of The military industrial complex is a jigsaw on and reinforces the military option should it 26% vs 16% for Non-African American puzzle of seemingly competing private compa- prove necessary.’’ Women. nies; but they are in reality state-sponsored This kind of language just emboldens Iran’s Women with TNBC are at 3 times the risk enterprises where well-connected lobbyists, enemies in the region to engage in increas- of death than women with the most common usually after long and prosperous careers in ingly reckless behavior with the guarantee that type of breast cancer. the military or government, pressure Congress the U.S. military will step in if they push it too Women with TNBC are more likely to have to fund pet projects regardless of whether we far. That is an unwise move for everyone con- distance metastases in the brain and lung and can afford them or whether they are needed to cerned. more common subtypes of breast cancer. defend our country. This convenient arrange- This Conference Report contains increased Finally, Mr. Speaker I want to point out a ment is the welfare of the warfare state. levels of foreign military aid, including an addi- part of this bill which I find vexing; that which Because of the false perception that we tional half-billion dollars in missile assistance relates to detainee policy. Our Constitution is must pass this military spending authorization to an already prosperous Israel and some a living document but sometimes we must go each year or our men and women in uniform $300 million to help an increasingly pros- to great pains to emphasize this point when will go hungry, Congress has over the years perous Russia control its chemical, nuclear, some of its most basic protections are threat- taken the opportunity to pack it with other and biological weapons. And Russia does not ened or simply ignored. The text continues the items that would have been difficult to pass on even want the money! asserted authority of the U.S. Government to their own. This is nothing new on Capitol Hill. Overall, this authorization will give the presi- hold even U.S. citizens (persons) captured on In the last few years, however, this practice dent even more money for military activities U.S. soil indefinitely and without charge. This has taken a sinister turn. next year than he requested. At a time when must be reviewed! The now-infamous NDAA for fiscal year the news has been dominated by reports of The language in this bill concerning the law 2012, passed last year, granted the president our budget crisis, the ‘‘fiscal cliff,’’ and the of detention has major implications for our fun- the authority to indefinitely detain American ‘‘need’’ to increase taxes on Americans, Con- damental rights that should be considered on citizens without charge, without access to an gress is foolishly spending even more on the their own and not included as part of a De- attorney, and without trial. It is difficult to imag- military budget than the administration wants! fense Authorization bill. These provisions ine anything more un-American than this at- I suppose that is what counts as a reduction should be the subject of close scrutiny by the tack on our Constitutional protections. While in the language of Washington. Judiciary Committee. we may not have yet seen the widespread use I urge my colleagues to oppose this, and all The complex legal and constitutional issues of this unspeakably evil measure, a wider ap- future, reckless and dangerous military spend- should be properly analyzed, and the implica- plication of this ‘‘authority’’ may only be a mat- ing bills that are destroying our national secu- tions for our bedrock values of liberty and ter of time. rity by destroying our economy. freedom carefully considered. I am mindful Historically these kinds of measures have b 1640 that we are charged with pursuing a great been used to bolster state power at the ex- The SPEAKER pro tempore. All time many issues and cannot fully address them all pense of unpopular scapegoats. The Jewish for debate has expired. in a single setting; yet this is too important to citizens of 1930s Germany knew all about this Pursuant to House Resolution 840, again, be included as part of an authorization reprehensible practice. Lately the scapegoats the previous question is ordered. as if these were routine matters. have been mostly Muslims. Hundreds, per- The question is on adoption of the The Conference Report states that haps many more, even Americans, have been conference report. ‘‘[n]othing in the Authorization for Use of Mili- held by the U.S. at Guantanamo and in other The question was taken; and the tary Force . . . or the National Defense Au- secret prisons around the world. Speaker pro tempore announced that thorization Act for Fiscal Year 2012 . . . shall But this can all change quickly, which the ayes appeared to have it. be construed to deny the availability of the writ makes it all the more dangerous. Maybe one Mr. SMITH of Washington. Mr. of habeas corpus or to deny any Constitutional day it will be Christians, gun-owners, Speaker, on that I demand the yeas rights in a court ordained or established by or homeschoolers, etc. and nays. under Article III of the Constitution to any per- That is why last year, along with Reps. JUS- The yeas and nays were ordered. son inside the United States who would be en- TIN AMASH, WALTER JONES, and others, we at- The SPEAKER. Pursuant to clause 8 titled to the availability of such writ or to such tempted to simply remove the language from of rule XX, further proceedings on this rights in the absence of such laws.’’ the NDAA (sec. 1021) that gave the president question will be postponed.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7395 SPENDING REDUCTION ACT OF 2012 TITLE IV—COMMITTEE ON THE ‘‘(4) THIRD PARTY ENERGY ASSISTANCE PAY- Mr. RYAN of Wisconsin. Mr. Speaker, JUDICIARY MENTS.—For purposes of subsection (d)(1), a payment made under a State law (other than pursuant to House Resolution 841, I Sec. 401. Short title. Sec. 402. Encouraging speedy resolution of a law referred to in paragraph (2)(G)) to pro- call up the bill (H.R. 6684) to provide claims. vide energy assistance to a household shall for spending reduction, and ask for its Sec. 403. Compensating patient injury. be considered money payable directly to the immediate consideration. Sec. 404. Maximizing patient recovery. household.’’. The Clerk read the title of the bill. Sec. 405. Punitive damages. (b) CONFORMING AMENDMENTS.—Section The SPEAKER pro tempore. Pursu- Sec. 406. Authorization of payment of future 2605(f)(2) of the Low-Income Home Energy ant to House Resolution 841, the bill is damages to claimants in health Assistance Act of 1981 (42 U.S.C. 8624(f)(2)) is considered read. care lawsuits. amended— The text of the bill is as follows: Sec. 407. Definitions. (1) by striking ‘‘and for purposes of deter- Sec. 408. Effect on other laws. mining any excess shelter expense deduction H.R. 6684 Sec. 409. State flexibility and protection of under section 5(e) of the Food and Nutrition Be it enacted by the Senate and House of Rep- States’ rights. Act of 2008 (7 U.S.C. 2014(e))’’, and resentatives of the United States of America in Sec. 410. Applicability; effective date. (2) in subparagraph (A) by inserting before Congress assembled, TITLE V—COMMITTEE ON OVERSIGHT the semicolon the following: ‘‘, except that SECTION 1. SHORT TITLE. AND GOVERNMENT REFORM such payments or allowances shall not be This Act may be cited as the ‘‘Spending Sec. 501. Retirement contributions. deemed to be expended for purposes of deter- Reduction Act of 2012’’. Sec. 502. Annuity supplement. mining any excess shelter expense deduction SEC. 2. TABLE OF CONTENTS. Sec. 503. Contributions to Thrift Savings under section 5(e)(6) of the Food and Nutri- The table of contents is as follows: Fund of payments for accrued tion Act of 2008 (7 U.S.C. 2014(e)(6))’’. Sec. 1. Short title. or accumulated leave. SEC. 104. EMPLOYMENT AND TRAINING; Sec. 2. Table of contents. TITLE VI—COMMITTEE ON WAYS AND WORKFARE. TITLE I—AGRICULTURE MEANS (a) ADMINISTRATIVE COST-SHARING FOR EM- Sec. 101. ARRA sunset at March 1, 2013. Subtitle A—Recapture of Overpayments Re- PLOYMENT AND TRAINING PROGRAMS.— Sec. 102. Categorical eligibility limited to sulting From Certain Federally-subsidized (1) IN GENERAL.—Section 16 of the Food and cash assistance. Health Insurance Nutrition Act of 2008 (7 U.S.C. 2025) is amend- Sec. 103. Standard utility allowances based Sec. 601. Recapture of overpayments result- ed— on the receipt of energy assist- (A) in subsection (a) by inserting ‘‘(other ance payments. ing from certain federally-sub- sidized health insurance. than a program carried out under section Sec. 104. Employment and training; 6(d)(4) or section 20)’’ after ‘‘supplemental workfare. Subtitle B—Social Security Number Re- nutrition assistance program’’ the 1st place Sec. 105. End State bonus program for the quired to Claim the Refundable Portion of it appears, and supplemental nutrition assist- the Child Tax Credit (B) in subsection (h)— ance program. Sec. 611. Social security number required to (i) by striking paragraphs (2) and (3), and Sec. 106. Funding of employment and train- claim the refundable portion of (ii) by redesignating paragraphs (4) and (5) ing programs. the child tax credit. as paragraphs (2) and (3), respectively. Sec. 107. Turn off indexing for nutrition edu- (2) CONFORMING AMENDMENTS.— cation and obesity prevention. Subtitle C—Human Resources Provisions Sec. 108. Extension of Authorization of Food Sec. 621. Repeal of the program of block (A) Section 17(b)(1)(B)(iv)(III)(hh) of the and Nutrition Act of 2008. grants to States for social serv- Food and Nutrition Act of 2008 (7 U.S.C. Sec. 109. Effective date and application of ices. 2026(b)(1)(B)(iv)(III)(hh)) is amended by strik- amendments. TITLE VII—SEQUESTER REPLACEMENT ing ‘‘(g), (h)(2), or (h)(3)’’ and inserting ‘‘or (g)’’. TITLE II—COMMITTEE ON ENERGY AND Sec. 701. Short title. COMMERCE (B) Section 22(d)(1)(B)(ii) of the Food and Sec. 702. Protecting veterans programs from Nutrition Act of 2008 (7 U.S.C. Subtitle A—Repeal of Certain ACA Funding sequester. 2031(d)(1)(B)(ii)) is amended is amended by Provisions Sec. 703. Achieving $19 billion in discre- striking ‘‘, (g), (h)(2), and (h)(3)’’ and insert- Sec. 201. Repealing mandatory funding to tionary savings. ing ‘‘and (g)’’. Sec. 704. Conforming amendments to section states to establish American (b) ADMINISTRATIVE COST-SHARING AND RE- 314 of the Congressional Budget Health Benefit Exchanges. IMBURSEMENTS FOR WORKFARE.—Section 20 of and Impoundment Control Act Sec. 202. Repealing Prevention and Public the Food and Nutrition Act of 2008 (7 U.S.C. of 1974. Health Fund. 2029) is amended by striking subsection (g). Sec. 203. Rescinding unobligated balances Sec. 705. Treatment for PAYGO purposes. for CO-OP program. Sec. 706. Elimination of the fiscal year 2013 SEC. 105. END STATE BONUS PROGRAM FOR THE SUPPLEMENTAL NUTRITION ASSIST- Subtitle B—Medicaid sequestration for defense direct spending. ANCE PROGRAM. Sec. 211. Revision of provider tax indirect Section 16 of the Food and Nutrition Act of TITLE I—AGRICULTURE guarantee threshold. 2008 (7 U.S.C. 2025) is amended by striking Sec. 212. Rebasing of State DSH allotments SEC. 101. ARRA SUNSET AT MARCH 1, 2013. subsection (d). for fiscal year 2022. Section 101(a)(2) of division A of the Amer- Sec. 213. Repeal of Medicaid and CHIP main- SEC. 106. FUNDING OF EMPLOYMENT AND TRAIN- ican Recovery and Reinvestment Act of 2009 ING PROGRAMS. tenance of effort requirements (Public Law 111–5; 123 Stat. 120) is amended under PPACA. For purposes of fiscal year 2013, the ref- by striking ‘‘October 31, 2013’’ and inserting erence to $90,000,000 in section 16(h)(1)(A) of Sec. 214. Medicaid payments to territories. ‘‘February 28, 2013’’. Sec. 215. Repealing bonus payments for en- the Food and Nutrition Act of 2008 (7 U.S.C. rollment under Medicaid and SEC. 102. CATEGORICAL ELIGIBILITY LIMITED TO 2025(h)(1)(A)) shall be deemed to be a ref- CASH ASSISTANCE. CHIP. erence to $79,000,000. Section 5 of the Food and Nutrition Act of TITLE III—FINANCIAL SERVICES 2008 (7 U.S.C. 2014) is amended— SEC. 107. TURN OFF INDEXING FOR NUTRITION Sec. 301. Table of contents. EDUCATION AND OBESITY PREVEN- (1) in the 2d sentence of subsection (a) by TION. Subtitle A—Orderly Liquidation Fund striking ‘‘households in which each member Section 28(d) of the Food and Nutrition Act receives benefits’’ and inserting ‘‘households Sec. 311. Repeal of liquidation authority. of 2008 (7 U.S.C. 2037(d)) is amended by strik- in which each member receives cash assist- Subtitle B—Home Affordable Modification ing ‘‘years—’’ and all that follows through ance’’, and Program the period at the end, and inserting ‘‘years, (2) in subsection (j) by striking ‘‘or who re- Sec. 321. Short title. $375,000,000.’’. Sec. 322. Congressional findings. ceives benefits under a State program’’ and inserting ‘‘or who receives cash assistance SEC. 108. EXTENSION OF AUTHORIZATION OF Sec. 323. Termination of authority. FOOD AND NUTRITION ACT OF 2008. Sec. 324. Sense of Congress. under a State program’’. Section 18(a)(1) of the Food and Nutrition SEC. 103. STANDARD UTILITY ALLOWANCES Subtitle C—Bureau of Consumer Financial Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by Protection BASED ON THE RECEIPT OF ENERGY ASSISTANCE PAYMENTS. striking ‘‘2012’’ and inserting ‘‘2013’’. Sec. 331. Bringing the Bureau of Consumer (a) STANDARD UTILITY ALLOWANCE.—Sec- SEC. 109. EFFECTIVE DATE AND APPLICATION OF Financial Protection into the tion 5 of the Food and Nutrition Act of 2008 AMENDMENTS. regular appropriations process. (7 U.S.C. 2014) is amended— This title and the amendments made by Subtitle D—Repeal of the Office of Financial (1) in subsection (e)(6)(C) by striking clause this title shall take effect on the date of en- Research (iv), and actment of this Act, and shall apply only Sec. 341. Repeal of the Office of Financial (2) in subsection (k) by striking paragraph with respect to certification periods that Research. (4) and inserting the following: begin on or after such date.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7396 CONGRESSIONAL RECORD — HOUSE December 20, 2012 TITLE II—COMMITTEE ON ENERGY AND (1) in paragraph (2)— under section 208(n)(5)(E)’’ and inserting COMMERCE (A) by striking ‘‘paragraphs (3) and (5)’’; ‘‘issuances of such securities under that Subtitle A—Repeal of Certain ACA Funding and chapter 31 for such purpose shall by treated Provisions (B) by inserting ‘‘paragraph (3)’’ after ‘‘and as public debt transactions of the United SEC. 201. REPEALING MANDATORY FUNDING TO subject to’’; States, and the proceeds from the sale of any STATES TO ESTABLISH AMERICAN (2) in paragraph (4), by striking ‘‘(3), and’’ obligations acquired by the Secretary under HEALTH BENEFIT EXCHANGES. and all that follows through ‘‘of this sub- this paragraph shall be deposited into the (a) IN GENERAL.—Section 1311(a) of the Pa- section’’ and inserting ‘‘and (3) of this sub- Treasury of the United States as miscella- tient Protection and Affordable Care Act (42 section’’; and neous receipts’’; and U.S.C. 18031(a)) is repealed. (3) by striking paragraph (5). (E) in section 1106(c)(2), by amending sub- (b) RESCISSION OF UNOBLIGATED FUNDS.—Of (b) FMAP.—The first sentence of section paragraph (A) to read as follows: the funds made available under such section 1905(b) of the Social Security Act (42 U.S.C. ‘‘(A) require the company to file a petition 1311(a), the unobligated balance is rescinded. 1396d(b)) is amended by striking ‘‘shall be 55 for bankruptcy under section 301 of title 11, SEC. 202. REPEALING PREVENTION AND PUBLIC percent’’ and inserting ‘‘shall be 50 percent’’. United States Code; or’’. HEALTH FUND. SEC. 215. REPEALING BONUS PAYMENTS FOR EN- (2) FEDERAL DEPOSIT INSURANCE ACT.—Sec- (a) IN GENERAL.—Section 4002 of the Pa- ROLLMENT UNDER MEDICAID AND tion 10(b)(3) of the Federal Deposit Insurance tient Protection and Affordable Care Act (42 CHIP. Act (12 U.S.C. 1820(b)(3)) is amended by strik- U.S.C. 300u–11) is repealed. (a) IN GENERAL.—Paragraphs (3) and (4) of ing ‘‘, or of such nonbank financial company (b) RESCISSION OF UNOBLIGATED FUNDS.—Of section 2105(a) of the Social Security Act (42 supervised by the Board of Governors or the funds made available by such section U.S.C. 1397ee(a)) are repealed. bank holding company described in section 4002, the unobligated balance is rescinded. (b) RESCISSION OF UNOBLIGATED FUNDS.—Of 165(a) of the Financial Stability Act of 2010, SEC. 203. RESCINDING UNOBLIGATED BALANCES the funds made available by section 2105(a)(3) for the purpose of implementing its author- FOR CO-OP PROGRAM. of the Social Security Act, the unobligated ity to provide for orderly liquidation of any Of the funds made available under section balance is rescinded. such company under title II of that Act’’. 1322(g) of the Patient Protection and Afford- (c) CONFORMING CHANGES.— (3) FEDERAL RESERVE ACT.—Section 13(3) of able Care Act (42 U.S.C. 18042(g)), the unobli- (1) AVAILABILITY OF EXCESS FUNDS FOR PER- the Federal Reserve Act is amended— gated balance is rescinded. FORMANCE BONUSES.—Section 2104(n)(2) of the (A) in subparagraph (B)— Subtitle B—Medicaid Social Security Act (42 U.S.C. 1397dd(n)(2)) is (i) in clause (ii), by striking ‘‘, resolution SEC. 211. REVISION OF PROVIDER TAX INDIRECT amended by striking subparagraph (D). under title II of the Dodd-Frank Wall Street GUARANTEE THRESHOLD. (2) OUTREACH OR COVERAGE BENCHMARKS.— Reform and Consumer Protection Act, or’’ Section 1903(w)(4)(C)(ii) of the Social Secu- Section 2111(b)(3) of the Social Security Act and inserting ‘‘or is subject to resolution rity Act (42 U.S.C. 1396b(w)(4)(C)(ii)) is (42 U.S.C. 1397kk(b)(3)) is amended— under’’; and amended by inserting ‘‘and for portions of (A) in subparagraph (A)— (ii) in clause (iii), by striking ‘‘, resolution fiscal years beginning on or after June 1, (i) in clause (i), by inserting ‘‘or’’ after the under title II of the Dodd-Frank Wall Street 2013,’’ after ‘‘October 1, 2011,’’. semicolon at the end; and Reform and Consumer Protection Act, or’’ SEC. 212. REBASING OF STATE DSH ALLOTMENTS (ii) by striking clause (ii); and and inserting ‘‘or resolution under’’; and FOR FISCAL YEAR 2022. (B) by striking subparagraph (C). (B) by striking subparagraph (E). Section 1923(f) of the Social Security Act TITLE III—FINANCIAL SERVICES Subtitle B—Home Affordable Modification (42 U.S.C. 1396r–4(f)) is amended— Program (1) by redesignating paragraph (9) as para- SEC. 301. TABLE OF CONTENTS. graph (10); The table of contents for this title is as fol- SEC. 321. SHORT TITLE. (2) in paragraph (3)(A) by striking ‘‘para- lows: This subtitle may be cited as the ‘‘HAMP Termination Act of 2012’’. graphs (6), (7), and (8)’’ and inserting ‘‘para- Sec. 301. Table of contents. SEC. 322. CONGRESSIONAL FINDINGS. graphs (6), (7), (8), and (9)’’; and Subtitle A—Orderly Liquidation Fund (3) by inserting after paragraph (8) the fol- The Congress finds the following: Sec. 311. Repeal of liquidation authority. lowing new paragraph: (1) According to the Department of the ‘‘(9) REBASING OF STATE DSH ALLOTMENTS Subtitle B—Home Affordable Modification Treasury— FOR FISCAL YEAR 2022.—With respect to fiscal Program (A) the Home Affordable Modification Pro- 2022, for purposes of applying paragraph Sec. 321. Short title. gram (HAMP) is designed to ‘‘help as many (3)(A) to determine the DSH allotment for a Sec. 322. Congressional findings. as 3 to 4 million financially struggling home- State, the amount of the DSH allotment for Sec. 323. Termination of authority. owners avoid foreclosure by modifying loans the State under paragraph (3) for fiscal year Sec. 324. Sense of Congress. to a level that is affordable for borrowers now and sustainable over the long term’’; 2021 shall be treated as if it were such Subtitle C—Bureau of Consumer Financial and amount as reduced under paragraph (7).’’. Protection (B) as of October 2012, only 840,835 active SEC. 213. REPEAL OF MEDICAID AND CHIP MAIN- Sec. 331. Bringing the Bureau of Consumer TENANCE OF EFFORT REQUIRE- permanent mortgage modifications were MENTS UNDER PPACA. Financial Protection into the made under HAMP. (a) REPEAL OF PPACA MEDICAID MOE.— regular appropriations process. (2) Many homeowners whose HAMP modi- Section 1902 of the Social Security Act (42 Subtitle D—Repeal of the Office of Financial fications were canceled suffered because they U.S.C. 1396a) is amended by striking sub- Research made futile payments and some of those section (gg). Sec. 341. Repeal of the Office of Financial homeowners were even forced into fore- (b) REPEAL OF PPACA CHIP MOE.—Section Research. closure. 2105(d)(3) of the Social Security Act (42 (3) The Special Inspector General for TARP Subtitle A—Orderly Liquidation Fund U.S.C. 1397ee(d)(3)) is amended— reported that HAMP ‘‘benefits only a small (1) by striking subparagraph (A); SEC. 311. REPEAL OF LIQUIDATION AUTHORITY. portion of distressed homeowners, offers oth- (2) by redesignating subparagraphs (B) and (a) IN GENERAL.—Title II of the Dodd- ers little more than false hope, and in cer- (C) as subparagraphs (A) and (B), respec- Frank Wall Street Reform and Consumer tain cases causes more harm than good’’. tively; and Protection Act is hereby repealed and any (4) Approximately $30 billion was obligated (3) in the paragraph heading, by striking Federal law amended by such title shall, on by the Department of the Treasury to ‘‘CONTINUATION OF ELIGIBILITY STANDARDS and after the date of enactment of this Act, HAMP, however, approximately only $4.34 FOR CHILDREN UNTIL OCTOBER 1, 2019’’ and in- be effective as if title II of the Dodd-Frank billion has been disbursed. serting ‘‘CONTINUITY OF COVERAGE’’. Wall Street Reform and Consumer Protec- (5) Terminating HAMP would save Amer- (c) CONFORMING AMENDMENTS.— tion Act had not been enacted. ican taxpayers approximately $2.84 billion, (1) Section 1902(a) of the Social Security (b) CONFORMING AMENDMENTS.— according to the Congressional Budget Of- Act (42 U.S.C. 1396a(a)) is amended by strik- (1) DODD-FRANK WALL STREET REFORM AND fice. ing paragraph (74). CONSUMER PROTECTION ACT.—The Dodd-Frank SEC. 323. TERMINATION OF AUTHORITY. (2) Effective January 1, 2014, paragraph (14) Wall Street Reform and Consumer Protec- Section 120 of the Emergency Economic of section 1902(e) (as added by section 2002(a) tion Act is amended— Stabilization Act of 2008 (12 U.S.C. 5230) is of Public Law 111–148) is amended by striking (A) in the table of contents for such Act, amended by adding at the end the following the third sentence of subparagraph (A). by striking all items relating to title II; new subsection: (d) EFFECTIVE DATE.—Except as provided in (B) in section 165(d)(6), by striking ‘‘, a re- ‘‘(c) TERMINATION OF AUTHORITY TO PRO- subsection (c)(2), the amendments made by ceiver appointed under title II,’’; VIDE NEW ASSISTANCE UNDER THE HOME AF- this section shall take effect on the date of (C) in section 716(g), by striking ‘‘or a cov- FORDABLE MODIFICATION PROGRAM.— the enactment of this section. ered financial company under title II’’; ‘‘(1) IN GENERAL.—Except as provided under SEC. 214. MEDICAID PAYMENTS TO TERRITORIES. (D) in section 1105(e)(5), by striking paragraph (2), after the date of the enact- (a) LIMIT ON PAYMENTS.—Section 1108(g) of ‘‘amount of any securities issued under that ment of this subsection the Secretary may the Social Security Act (42 U.S.C. 1308(g)) is chapter 31 for such purpose shall be treated not provide any assistance under the Home amended— in the same manner as securities issued Affordable Modification Program under the

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Making Home Affordable initiative of the ‘‘(6) NOTIFICATION TO HAMP APPLICANTS RE- (F), (G), (H), (I), (J), (K), (L), and (M), respec- Secretary, authorized under this Act, on be- QUIRED.—Not later than 30 days after the tively; and half of any homeowner. date of the enactment of this subsection, the (B) in subsection (d)— ‘‘(2) PROTECTION OF EXISTING OBLIGATIONS Secretary of the Treasury shall inform each (i) in paragraph (1), by striking ‘‘the Office ON BEHALF OF HOMEOWNERS ALREADY EX- individual who applied for the Home Afford- of Financial Research, member agencies, TENDED AN OFFER TO PARTICIPATE IN THE PRO- able Modification Program and will not be and’’ and inserting ‘‘member agencies and’’; GRAM.—Paragraph (1) shall not apply with considered for a modification under such (ii) in paragraph (2), by striking ‘‘the Office respect to assistance provided on behalf of a Program due to termination of such Pro- of Financial Research, any member agency, homeowner who, before the date of the en- gram under this subsection— and’’ and inserting ‘‘any member agency actment of this subsection, was extended an ‘‘(A) that such Program has been termi- and’’; offer to participate in the Home Affordable nated; (iii) in paragraph (3)— Modification Program on a trial or perma- ‘‘(B) that loan modifications under such (I) by striking ‘‘, acting through the Office nent basis. Program are no longer available; of Financial Research,’’ each place it ap- ‘‘(3) DEFICIT REDUCTION.— ‘‘(C) of the name and contact information pears; and ‘‘(A) USE OF UNOBLIGATED FUNDS.—Notwith- of such individual’s Member of Congress; and (II) in subparagraph (B), by striking ‘‘the standing any other provision of this title, ‘‘(D) that the individual should contact his Office of Financial Research or’’; and the amounts described in subparagraph (B) or her Member of Congress to assist the indi- (iv) in paragraph (5)(A), by striking ‘‘, the shall not be available after the date of the vidual in contacting the individual’s lender Office of Financial Research,’’; enactment of this subsection for obligation or servicer for the purpose of negotiating or (4) in section 116, by striking ‘‘, acting or expenditure under the Home Affordable acquiring a loan modification.’’. through the Office of Financial Research,’’ Modification Program of the Secretary, but SEC. 324. SENSE OF CONGRESS. each place it appears; and should be covered into the General Fund of The Congress encourages banks to work (5) by striking section 118. the Treasury and should be used only for re- with homeowners to provide loan modifica- (c) CONFORMING AMENDMENT TO THE PAPER- ducing the budget deficit of the Federal Gov- tions to those that are eligible. The Congress WORK REDUCTION ACT.—Effective as of the ernment. also encourages banks to work and assist date specified in section 1100H of the Dodd- ‘‘(B) IDENTIFICATION OF UNOBLIGATED homeowners and prospective homeowners Frank Wall Street Reform and Consumer FUNDS.—The amounts described in this sub- with foreclosure prevention programs and in- Protection Act, section 1100D(a) of such Act paragraph are any amounts made available formation on loan modifications. is amended to read as follows: under title I of the Emergency Economic ‘‘(a) DESIGNATION AS AN INDEPENDENT Stabilization Act of 2008 that— Subtitle C—Bureau of Consumer Financial AGENCY.—Section 3502(5) of subchapter I of ‘‘(i) have been allocated for use, but not Protection chapter 35 of title 44, United States Code yet obligated as of the date of the enactment SEC. 331. BRINGING THE BUREAU OF CONSUMER (commonly known as the Paperwork Reduc- of this subsection, under the Home Afford- FINANCIAL PROTECTION INTO THE tion Act) is amended by inserting ‘the Bu- able Modification Program of the Secretary; REGULAR APPROPRIATIONS PROC- reau of Consumer Financial Protection,’ ESS. and after ‘the Securities and Exchange Commis- Section 1017 of the Consumer Financial ‘‘(ii) are not necessary for providing assist- sion,’.’’. Protection Act of 2010 is amended— ance under such Program on behalf of home- (d) TECHNICAL AMENDMENTS.—The table of (1) in subsection (a)— owners who, pursuant to paragraph (2), may contents for the Dodd-Frank Wall Street Re- (A) by amending the heading of such sub- be provided assistance after the date of the form and Consumer Protection Act is amend- section to read as follows: ‘‘BUDGET, FINAN- enactment of this subsection. ed— CIAL MANAGEMENT, AND AUDIT.—’’; ‘‘(4) STUDY OF USE OF PROGRAM BY MEMBERS (1) by striking the item relating to section (B) by striking paragraphs (1), (2), and (3); OF THE ARMED FORCES, VETERANS, AND GOLD 118; and (C) by redesignating paragraphs (4) and (5) STAR RECIPIENTS.— (2) by striking the items relating to sub- as paragraphs (1) and (2), respectively; and ‘‘(A) STUDY.—The Secretary shall conduct title B of title I. (D) by striking subparagraphs (E) and (F) a study to determine the extent of usage of TITLE IV—COMMITTEE ON THE of paragraph (1), as so redesignated; the Home Affordable Modification Program JUDICIARY by, and the impact of such Program on, cov- (2) by striking subsections (b), (c), and (d); (3) by redesignating subsection (e) as sub- SEC. 401. SHORT TITLE. ered homeowners. This title may be cited as the ‘‘Help Effi- ‘‘(B) REPORT.—Not later than the expira- section (b); and (4) in subsection (b), as so redesignated— cient, Accessible, Low-cost, Timely tion of the 90-day period beginning on the Healthcare (HEALTH) Act of 2012’’. date of the enactment of this subsection, the (A) by striking paragraphs (1), (2), and (3) and inserting the following: SEC. 402. ENCOURAGING SPEEDY RESOLUTION Secretary shall submit to the Congress a re- OF CLAIMS. port setting forth the results of the study ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated The time for the commencement of a under subparagraph (A) and identifying best health care lawsuit shall be 3 years after the $200,000,000 to carry out this title for each of practices, derived from studying the Home date of manifestation of injury or 1 year fiscal years 2013 and 2014.’’; and Affordable Modification Program, that could after the claimant discovers, or through the (B) by redesignating paragraph (4) as para- be applied to existing mortgage assistance use of reasonable diligence should have dis- graph (2). programs available to covered homeowners. covered, the injury, whichever occurs first. ‘‘(C) COVERED HOMEOWNER.—For purposes Subtitle D—Repeal of the Office of Financial In no event shall the time for commence- of this subsection, the term ‘covered home- Research ment of a health care lawsuit exceed 3 years owner’ means a homeowner who is— SEC. 341. REPEAL OF THE OFFICE OF FINANCIAL after the date of manifestation of injury un- ‘‘(i) a member of the Armed Forces of the RESEARCH. less tolled for any of the following— United States on active duty or the spouse (a) IN GENERAL.—Subtitle B of title I of the (1) upon proof of fraud; or parent of such a member; Dodd-Frank Wall Street Reform and Con- (2) intentional concealment; or ‘‘(ii) a veteran, as such term is defined in sumer Protection Act is hereby repealed. (3) the presence of a foreign body, which section 101 of title 38, United States Code; or (b) CONFORMING AMENDMENTS TO THE DODD- has no therapeutic or diagnostic purpose or ‘‘(iii) eligible to receive a Gold Star lapel FRANK ACT.—The Dodd-Frank Wall Street effect, in the person of the injured person. pin under section 1126 of title 10, United Reform and Consumer Protection Act is Actions by a minor shall be commenced States Code, as a widow, parent, or next of amended— within 3 years from the date of the alleged kin of a member of the Armed Forces person (1) in section 102(a), by striking paragraph manifestation of injury except that actions who died in a manner described in subsection (5); by a minor under the full age of 6 years shall (a) of such section. (2) in section 111— be commenced within 3 years of manifesta- ‘‘(5) PUBLICATION OF MEMBER AVAILABILITY (A) in subsection (b)(2)— tion of injury or prior to the minor’s 8th FOR ASSISTANCE.—Not later than 5 days after (i) by striking subparagraph (A); and birthday, whichever provides a longer period. the date of the enactment of this subsection, (ii) by redesignating subparagraphs (B), Such time limitation shall be tolled for mi- the Secretary of the Treasury shall publish (C), (D), and (E) as subparagraphs (A), (B), nors for any period during which a parent or to its Website on the World Wide Web in a (C), and (D), respectively; guardian and a health care provider or prominent location, large point font, and (B) in subsection (c)(1), by striking ‘‘sub- health care organization have committed boldface type the following statement: ‘The paragraphs (C), (D), and (E)’’ and inserting fraud or collusion in the failure to bring an Home Affordable Modification Program ‘‘subparagraphs (B), (C), and (D)’’; action on behalf of the injured minor. (HAMP) has been terminated. If you are hav- (3) in section 112— SEC. 403. COMPENSATING PATIENT INJURY. ing trouble paying your mortgage and need (A) in subsection (a)(2)— (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- help contacting your lender or servicer for (i) in subparagraph (A), by striking ‘‘direct TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- purposes of negotiating or acquiring a loan the Office of Financial Research to’’; SUITS.—In any health care lawsuit, nothing modification, please contact your Member of (ii) by striking subparagraph (B); and in this title shall limit a claimant’s recovery Congress to assist you in contacting your (iii) by redesignating subparagraphs (C), of the full amount of the available economic lender or servicer for the purpose of negoti- (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), damages, notwithstanding the limitation in ating or acquiring a loan modification.’. and (N) as subparagraphs (B), (C), (D), (E), subsection (b).

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(b) ADDITIONAL NONECONOMIC DAMAGES.—In the claimant, or that such person delib- not manufactured or distributed in substan- any health care lawsuit, the amount of non- erately failed to avoid unnecessary injury tial compliance with applicable Food and economic damages, if available, may be as that such person knew the claimant was sub- Drug Administration statutes and regula- much as $250,000, regardless of the number of stantially certain to suffer. In any health tions. parties against whom the action is brought care lawsuit where no judgment for compen- (B) RULE OF CONSTRUCTION.—Subparagraph or the number of separate claims or actions satory damages is rendered against such per- (A) may not be construed as establishing the brought with respect to the same injury. son, no punitive damages may be awarded obligation of the Food and Drug Administra- (c) NO DISCOUNT OF AWARD FOR NON- with respect to the claim in such lawsuit. No tion to demonstrate affirmatively that a ECONOMIC DAMAGES.—For purposes of apply- demand for punitive damages shall be in- manufacturer, distributor, or supplier re- ing the limitation in subsection (b), future cluded in a health care lawsuit as initially ferred to in such subparagraph meets any of noneconomic damages shall not be dis- filed. A court may allow a claimant to file an the conditions described in such subpara- counted to present value. The jury shall not amended pleading for punitive damages only graph. be informed about the maximum award for upon a motion by the claimant and after a (2) LIABILITY OF HEALTH CARE PROVIDERS.— noneconomic damages. An award for non- finding by the court, upon review of sup- A health care provider who prescribes, or economic damages in excess of $250,000 shall porting and opposing affidavits or after a who dispenses pursuant to a prescription, a be reduced either before the entry of judg- hearing, after weighing the evidence, that medical product approved, licensed, or ment, or by amendment of the judgment the claimant has established by a substan- cleared by the Food and Drug Administra- after entry of judgment, and such reduction tial probability that the claimant will pre- tion shall not be named as a party to a prod- shall be made before accounting for any vail on the claim for punitive damages. At uct liability lawsuit involving such product other reduction in damages required by law. the request of any party in a health care and shall not be liable to a claimant in a If separate awards are rendered for past and lawsuit, the trier of fact shall consider in a class action lawsuit against the manufac- future noneconomic damages and the com- separate proceeding— turer, distributor, or seller of such product. bined awards exceed $250,000, the future non- (1) whether punitive damages are to be Nothing in this paragraph prevents a court economic damages shall be reduced first. awarded and the amount of such award; and from consolidating cases involving health (d) FAIR SHARE RULE.—In any health care (2) the amount of punitive damages fol- care providers and cases involving products lawsuit, each party shall be liable for that lowing a determination of punitive liability. liability claims against the manufacturer, party’s several share of any damages only If a separate proceeding is requested, evi- distributor, or product seller of such medical and not for the share of any other person. dence relevant only to the claim for punitive product. damages, as determined by applicable State Each party shall be liable only for the (3) PACKAGING.—In a health care lawsuit amount of damages allocated to such party law, shall be inadmissible in any proceeding for harm which is alleged to relate to the in direct proportion to such party’s percent- to determine whether compensatory dam- adequacy of the packaging or labeling of a ages are to be awarded. age of responsibility. Whenever a judgment drug which is required to have tamper-resist- (b) DETERMINING AMOUNT OF PUNITIVE DAM- of liability is rendered as to any party, a sep- ant packaging under regulations of the Sec- AGES.— arate judgment shall be rendered against retary of Health and Human Services (in- (1) FACTORS CONSIDERED.—In determining cluding labeling regulations related to such each such party for the amount allocated to the amount of punitive damages, if awarded, packaging), the manufacturer or product such party. For purposes of this section, the in a health care lawsuit, the trier of fact seller of the drug shall not be held liable for trier of fact shall determine the proportion shall consider only the following— punitive damages unless such packaging or of responsibility of each party for the claim- (A) the severity of the harm caused by the labeling is found by the trier of fact by clear ant’s harm. conduct of such party; and convincing evidence to be substantially SEC. 404. MAXIMIZING PATIENT RECOVERY. (B) the duration of the conduct or any con- out of compliance with such regulations. (a) COURT SUPERVISION OF SHARE OF DAM- cealment of it by such party; (4) EXCEPTION.—Paragraph (1) shall not AGES ACTUALLY PAID TO CLAIMANTS.—In any (C) the profitability of the conduct to such apply in any health care lawsuit in which— health care lawsuit, the court shall supervise party; (A) a person, before or after premarket ap- the arrangements for payment of damages to (D) the number of products sold or medical proval, clearance, or licensure of such med- protect against conflicts of interest that procedures rendered for compensation, as the ical product, knowingly misrepresented to or may have the effect of reducing the amount case may be, by such party, of the kind caus- withheld from the Food and Drug Adminis- of damages awarded that are actually paid to ing the harm complained of by the claimant; tration information that is required to be claimants. In particular, in any health care (E) any criminal penalties imposed on such submitted under the Federal Food, Drug, and lawsuit in which the attorney for a party party, as a result of the conduct complained Cosmetic Act (21 U.S.C. 301 et seq.) or section claims a financial stake in the outcome by of by the claimant; and 351 of the Public Health Service Act (42 virtue of a contingent fee, the court shall (F) the amount of any civil fines assessed U.S.C. 262) that is material and is causally have the power to restrict the payment of a against such party as a result of the conduct related to the harm which the claimant al- claimant’s damage recovery to such attor- complained of by the claimant. legedly suffered ney, and to redirect such damages to the (2) MAXIMUM AWARD.—The amount of puni- (B) a person made an illegal payment to an claimant based upon the interests of justice tive damages, if awarded, in a health care official of the Food and Drug Administration and principles of equity. In no event shall lawsuit may be as much as $250,000 or as for the purpose of either securing or main- the total of all contingent fees for rep- much as two times the amount of economic taining approval, clearance, or licensure of resenting all claimants in a health care law- damages awarded, whichever is greater. The such medical product; or suit exceed the following limits: jury shall not be informed of this limitation. (C) the defendant caused the medical prod- (1) Forty percent of the first $50,000 recov- (c) NO PUNITIVE DAMAGES FOR PRODUCTS uct which caused the claimant’s harm to be ered by the claimant(s). THAT COMPLY WITH FDA STANDARDS.— misbranded or adulterated (as such terms are (2) Thirty-three and one-third percent of (1) IN GENERAL.— the next $50,000 recovered by the claimant(s). (A) No punitive damages may be awarded used in chapter V of the Federal Food, Drug, (3) Twenty-five percent of the next $500,000 against the manufacturer or distributor of a and Cosmetic Act (21 U.S.C. 351 et seq.)). recovered by the claimant(s). medical product, or a supplier of any compo- SEC. 406. AUTHORIZATION OF PAYMENT OF FU- (4) Fifteen percent of any amount by which nent or raw material of such medical prod- TURE DAMAGES TO CLAIMANTS IN HEALTH CARE LAWSUITS. the recovery by the claimant(s) is in excess uct, based on a claim that such product of $600,000. (a) IN GENERAL.—In any health care law- caused the claimant’s harm where— suit, if an award of future damages, without (b) APPLICABILITY.—The limitations in this (i)(I) such medical product was subject to reduction to present value, equaling or ex- section shall apply whether the recovery is premarket approval, clearance, or licensure ceeding $50,000 is made against a party with by judgment, settlement, mediation, arbitra- by the Food and Drug Administration with sufficient insurance or other assets to fund a tion, or any other form of alternative dis- respect to the safety of the formulation or periodic payment of such a judgment, the pute resolution. In a health care lawsuit in- performance of the aspect of such medical court shall, at the request of any party, volving a minor or incompetent person, a product which caused the claimant’s harm or enter a judgment ordering that the future court retains the authority to authorize or the adequacy of the packaging or labeling of damages be paid by periodic payments, in ac- approve a fee that is less than the maximum such medical product; and cordance with the Uniform Periodic Pay- permitted under this section. The require- (II) such medical product was so approved, ment of Judgments Act promulgated by the ment for court supervision in the first two cleared, or licensed; or National Conference of Commissioners on sentences of subsection (a) applies only in (ii) such medical product is generally rec- Uniform State Laws. civil actions. ognized among qualified experts as safe and (b) APPLICABILITY.—This section applies to SEC. 405. PUNITIVE DAMAGES. effective pursuant to conditions established all actions which have not been first set for (a) IN GENERAL.—Punitive damages may, if by the Food and Drug Administration and trial or retrial before the effective date of otherwise permitted by applicable State or applicable Food and Drug Administration this title. Federal law, be awarded against any person regulations, including without limitation SEC. 407. DEFINITIONS. in a health care lawsuit only if it is proven those related to packaging and labeling, un- In this title: by clear and convincing evidence that such less the Food and Drug Administration has (1) ALTERNATIVE DISPUTE RESOLUTION SYS- person acted with malicious intent to injure determined that such medical product was TEM; ADR.—The term ‘‘alternative dispute

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7399 resolution system’’ or ‘‘ADR’’ means a sys- the number of causes of action, in which the services are not deductible disbursements or tem that provides for the resolution of claimant alleges a health care liability costs for such purpose. health care lawsuits in a manner other than claim. (17) STATE.—The term ‘‘State’’ means each through a civil action brought in a State or (8) HEALTH CARE LIABILITY CLAIM.—The of the several States, the District of Colum- Federal court. term ‘‘health care liability claim’’ means a bia, the Commonwealth of Puerto Rico, the (2) CLAIMANT.—The term ‘‘claimant’’ demand by any person, whether or not pursu- Virgin Islands, Guam, American Samoa, the means any person who brings a health care ant to ADR, against a health care provider, Northern Mariana Islands, the Trust Terri- lawsuit, including a person who asserts or health care organization, or the manufac- tory of the Pacific Islands, and any other claims a right to legal or equitable contribu- turer, distributor, supplier, marketer, pro- territory or possession of the United States, tion, indemnity, or subrogation, arising out moter, or seller of a medical product, includ- or any political subdivision thereof. of a health care liability claim or action, and ing, but not limited to, third-party claims, SEC. 408. EFFECT ON OTHER LAWS. any person on whose behalf such a claim is cross-claims, counter-claims, or contribution (a) VACCINE INJURY.— asserted or such an action is brought, wheth- claims, which are based upon the provision (1) To the extent that title XXI of the Pub- er deceased, incompetent, or a minor. of, use of, or payment for (or the failure to lic Health Service Act establishes a Federal (3) COMPENSATORY DAMAGES.—The term provide, use, or pay for) health care services rule of law applicable to a civil action ‘‘compensatory damages’’ means objectively or medical products, regardless of the theory brought for a vaccine-related injury or verifiable monetary losses incurred as a re- of liability on which the claim is based, or death— sult of the provision of, use of, or payment the number of plaintiffs, defendants, or other (A) this title does not affect the applica- for (or failure to provide, use, or pay for) parties, or the number of causes of action. tion of the rule of law to such an action; and health care services or medical products, (9) HEALTH CARE ORGANIZATION.—The term (B) any rule of law prescribed by this title such as past and future medical expenses, ‘‘health care organization’’ means any per- in conflict with a rule of law of such title loss of past and future earnings, cost of ob- son or entity which is obligated to provide or XXI shall not apply to such action. taining domestic services, loss of employ- pay for health benefits under any health (2) If there is an aspect of a civil action ment, and loss of business or employment plan, including any person or entity acting brought for a vaccine-related injury or death opportunities, damages for physical and under a contract or arrangement with a to which a Federal rule of law under title emotional pain, suffering, inconvenience, health care organization to provide or ad- XXI of the Public Health Service Act does physical impairment, mental anguish, dis- minister any health benefit. not apply, then this title or otherwise appli- figurement, loss of enjoyment of life, loss of (10) HEALTH CARE PROVIDER.—The term cable law (as determined under this title) society and companionship, loss of consor- ‘‘health care provider’’ means any person or will apply to such aspect of such action. tium (other than loss of domestic service), entity required by State or Federal laws or (b) OTHER FEDERAL LAW.—Except as pro- hedonic damages, injury to reputation, and regulations to be licensed, registered, or cer- vided in this section, nothing in this title all other nonpecuniary losses of any kind or tified to provide health care services, and shall be deemed to affect any defense avail- nature. The term ‘‘compensatory damages’’ being either so licensed, registered, or cer- able to a defendant in a health care lawsuit includes economic damages and non- tified, or exempted from such requirement or action under any other provision of Fed- economic damages, as such terms are defined by other statute or regulation. eral law. in this section. (11) HEALTH CARE GOODS OR SERVICES.—The (4) CONTINGENT FEE.—The term ‘‘contin- term ‘‘health care goods or services’’ means SEC. 409. STATE FLEXIBILITY AND PROTECTION gent fee’’ includes all compensation to any any goods or services provided by a health OF STATES’ RIGHTS. person or persons which is payable only if a care organization, provider, or by any indi- (a) HEALTH CARE LAWSUITS.—The provi- recovery is effected on behalf of one or more vidual working under the supervision of a sions governing health care lawsuits set claimants. health care provider, that relates to the di- forth in this title preempt, subject to sub- (5) ECONOMIC DAMAGES.—The term ‘‘eco- agnosis, prevention, or treatment of any sections (b) and (c), State law to the extent nomic damages’’ means objectively human disease or impairment, or the assess- that State law prevents the application of verifiable monetary losses incurred as a re- ment or care of the health of human beings. any provisions of law established by or under sult of the provision of, use of, or payment (12) MALICIOUS INTENT TO INJURE.—The this title. The provisions governing health for (or failure to provide, use, or pay for) term ‘‘malicious intent to injure’’ means in- care lawsuits set forth in this title supersede health care services or medical products, tentionally causing or attempting to cause chapter 171 of title 28, United States Code, to such as past and future medical expenses, physical injury other than providing health the extent that such chapter— loss of past and future earnings, cost of ob- care goods or services. (1) provides for a greater amount of dam- taining domestic services, loss of employ- (13) MEDICAL PRODUCT.—The term ‘‘medical ages or contingent fees, a longer period in ment, and loss of business or employment product’’ means a drug, device, or biological which a health care lawsuit may be com- opportunities. product intended for humans, and the terms menced, or a reduced applicability or scope (6) HEALTH CARE LAWSUIT.—The term ‘‘drug’’, ‘‘device’’, and ‘‘biological product’’ of periodic payment of future damages, than ‘‘health care lawsuit’’ means any health care have the meanings given such terms in sec- provided in this title; or liability claim concerning the provision of tions 201(g)(1) and 201(h) of the Federal Food, (2) prohibits the introduction of evidence health care goods or services or any medical Drug and Cosmetic Act (21 U.S.C. 321(g)(1) regarding collateral source benefits, or man- product affecting interstate commerce, or and (h)) and section 351(a) of the Public dates or permits subrogation or a lien on col- any health care liability action concerning Health Service Act (42 U.S.C. 262(a)), respec- lateral source benefits. the provision of health care goods or services tively, including any component or raw ma- (b) PROTECTION OF STATES’ RIGHTS AND or any medical product affecting interstate terial used therein, but excluding health care OTHER LAWS.—(1) Any issue that is not gov- commerce, brought in a State or Federal services. erned by any provision of law established by court or pursuant to an alternative dispute (14) NONECONOMIC DAMAGES.—The term or under this title (including State standards resolution system, against a health care pro- ‘‘noneconomic damages’’ means damages for of negligence) shall be governed by otherwise vider, a health care organization, or the physical and emotional pain, suffering, in- applicable State or Federal law. manufacturer, distributor, supplier, mar- convenience, physical impairment, mental (2) This title shall not preempt or super- keter, promoter, or seller of a medical prod- anguish, disfigurement, loss of enjoyment of sede any State or Federal law that imposes uct, regardless of the theory of liability on life, loss of society and companionship, loss greater procedural or substantive protec- which the claim is based, or the number of of consortium (other than loss of domestic tions for health care providers and health claimants, plaintiffs, defendants, or other service), hedonic damages, injury to reputa- care organizations from liability, loss, or parties, or the number of claims or causes of tion, and all other nonpecuniary losses of damages than those provided by this title or action, in which the claimant alleges a any kind or nature. create a cause of action. health care liability claim. Such term does (15) PUNITIVE DAMAGES.—The term ‘‘puni- (c) STATE FLEXIBILITY.—No provision of not include a claim or action which is based tive damages’’ means damages awarded, for this title shall be construed to preempt— on criminal liability; which seeks civil fines the purpose of punishment or deterrence, and (1) any State law (whether effective before, or penalties paid to Federal, State, or local not solely for compensatory purposes, on, or after the date of the enactment of this government; or which is grounded in anti- against a health care provider, health care Act) that specifies a particular monetary trust. organization, or a manufacturer, distributor, amount of compensatory or punitive dam- (7) HEALTH CARE LIABILITY ACTION.—The or supplier of a medical product. Punitive ages (or the total amount of damages) that term ‘‘health care liability action’’ means a damages are neither economic nor non- may be awarded in a health care lawsuit, re- civil action brought in a State or Federal economic damages. gardless of whether such monetary amount court or pursuant to an alternative dispute (16) RECOVERY.—The term ‘‘recovery’’ is greater or lesser than is provided for under resolution system, against a health care pro- means the net sum recovered after deducting this title, notwithstanding section 303(a); or vider, a health care organization, or the any disbursements or costs incurred in con- (2) any defense available to a party in a manufacturer, distributor, supplier, mar- nection with prosecution or settlement of health care lawsuit under any other provi- keter, promoter, or seller of a medical prod- the claim, including all costs paid or ad- sion of State or Federal law. uct, regardless of the theory of liability on vanced by any person. Costs of health care SEC. 410. APPLICABILITY; EFFECTIVE DATE. which the claim is based, or the number of incurred by the plaintiff and the attorneys’ This title shall apply to any health care plaintiffs, defendants, or other parties, or office overhead costs or charges for legal lawsuit brought in a Federal or State court,

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7400 CONGRESSIONAL RECORD — HOUSE December 20, 2012 or subject to an alternative dispute resolu- ‘‘(B) For purposes of this paragraph, the ‘‘(iii) for purposes of computing an amount tion system, that is initiated on or after the term ‘excess contributions’, as used with re- with respect to a Congressional employee— date of the enactment of this Act, except spect to contributions made under sub- ‘‘(I) for a period in calendar year 2013, 2014, that any health care lawsuit arising from an section (a)(1)(A) by an employee of the 2015, 2016, or 2017, be equal to the applicable injury occurring prior to the date of the en- United States Postal Service or the Postal percentage under this paragraph for the pre- actment of this Act shall be governed by the Regulatory Commission, means the amount ceding calendar year (including as increased applicable statute of limitations provisions by which— under this subclause, if applicable), plus an in effect at the time the injury occurred. ‘‘(i) deductions from basic pay of such em- additional 1.5 percentage points; and TITLE V—COMMITTEE ON OVERSIGHT ployee which are made under subsection ‘‘(II) for a period in any calendar year after AND GOVERNMENT REFORM (a)(1)(A), exceed 2017, be equal to the applicable percentage SEC. 501. RETIREMENT CONTRIBUTIONS. ‘‘(ii) deductions from basic pay of such em- under this paragraph for calendar year 2017 (a) CIVIL SERVICE RETIREMENT SYSTEM.— ployee which would have been so made if (as determined under subclause (I)).’’; and (1) INDIVIDUAL CONTRIBUTIONS.—Section paragraph (2) had not been enacted.’’. (C) in subparagraph (C) (as so redesignated 8334(c) of title 5, United States Code, is (2) GOVERNMENT CONTRIBUTIONS.—Section by subparagraph (A))— amended— 8334(a)(1)(B) of title 5, United States Code, is (i) by striking ‘‘9.3’’ each place it appears (A) by striking ‘‘(c) Each’’ and inserting amended— and inserting ‘‘12’’; and ‘‘(c)(1) Each’’; and (A) in clause (i), by striking ‘‘Except as (ii) by striking ‘‘9.8’’ each place it appears (B) by adding at the end the following: provided in clause (ii),’’ and inserting ‘‘Ex- and inserting ‘‘12.5’’. ‘‘(2) Notwithstanding any other provision cept as provided in clause (ii) or (iii),’’; and (2) GOVERNMENT CONTRIBUTIONS.—Section of this subsection, the applicable percentage (B) by adding at the end the following: 8423(a)(2) of title 5, United States Code, is of basic pay under this subsection shall— ‘‘(iii) The amount to be contributed under amended— ‘‘(A) except as provided in subparagraph clause (i) shall, with respect to a period in (A) by striking ‘‘(2)’’ and inserting (B) or (C), for purposes of computing an any year beginning after December 31, 2012, ‘‘(2)(A)’’; and amount— be equal to— (B) by adding at the end the following: ‘‘(i) for a period in calendar year 2013, be ‘‘(I) the amount which would otherwise ‘‘(B)(i) Subject to clauses (ii) and (iii), for equal to the applicable percentage under this apply under clause (i) with respect to such purposes of any period in any year beginning subsection for calendar year 2012, plus an ad- period, reduced by after December 31, 2012, the normal-cost per- ditional 1.5 percentage points; ‘‘(II) the amount by which, with respect to centage under this subsection shall be deter- ‘‘(ii) for a period in calendar year 2014, be such period, the withholding under subpara- mined and applied as if section 501(b)(1) of equal to the applicable percentage under this graph (A) exceeds the amount which would the Spending Reduction Act of 2012 had not subsection for calendar year 2013 (as deter- otherwise have been withheld from the basic been enacted. mined under clause (i)), plus an additional 0.5 pay of the employee or elected official in- ‘‘(ii) Any contributions under this sub- percentage point; volved under subparagraph (A) based on the section in excess of the amounts which (but ‘‘(iii) for a period in calendar year 2015, percentage applicable under subsection (c) for clause (i)) would otherwise have been 2016, or 2017, be equal to the applicable per- for calendar year 2012.’’. payable shall be applied toward reducing the centage under this subsection for the pre- (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- unfunded liability of the Civil Service Re- ceding calendar year (as determined under TEM.— tirement System. clause (ii) or this clause, as the case may be), (1) INDIVIDUAL CONTRIBUTIONS.—Section ‘‘(iii) After the unfunded liability of the plus an additional 1.0 percentage point; and 8422(a)(3) of title 5, United States Code, is Civil Service Retirement System has been ‘‘(iv) for a period in any calendar year after amended— eliminated, as determined by the Office, 2017, be equal to the applicable percentage (A) by redesignating subparagraph (B) as Government contributions under this sub- under this subsection for calendar year 2017 subparagraph (C); section shall be determined and made dis- (as determined under clause (iii)); (B) by inserting after subparagraph (A) the regarding this subparagraph. ‘‘(B) for purposes of computing an amount following: ‘‘(iv) The preceding provisions of this sub- with respect to a Member for Member serv- ‘‘(B) Notwithstanding any other provision paragraph shall be disregarded for purposes ice— of this paragraph, the applicable percentage of determining the contributions payable by ‘‘(i) for a period in calendar year 2013, be under this paragraph for civilian service by the United States Postal Service and the equal to the applicable percentage under this employees or Members other than revised Postal Regulatory Commission.’’. annuity employees shall— subsection for calendar year 2012, plus an ad- SEC. 502. ANNUITY SUPPLEMENT. ditional 2.5 percentage points; ‘‘(i) except as provided in clause (ii) or (iii), Section 8421(a) of title 5, United States ‘‘(ii) for a period in calendar year 2014, 2015, for purposes of computing an amount— Code, is amended— 2016, or 2017, be equal to the applicable per- ‘‘(I) for a period in calendar year 2013, be (1) in paragraph (1), by striking ‘‘paragraph centage under this subsection for the pre- equal to the applicable percentage under this (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; ceding calendar year (as determined under paragraph for calendar year 2012, plus an ad- (2) in paragraph (2), by striking ‘‘paragraph clause (i) or this clause, as the case may be), ditional 1.5 percentage points; (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; plus an additional 1.5 percentage points; and ‘‘(II) for a period in calendar year 2014, be and ‘‘(iii) for a period in any calendar year equal to the applicable percentage under this (3) by adding at the end the following: after 2017, be equal to the applicable percent- paragraph for calendar year 2013 (as deter- ‘‘(4)(A) Except as provided in subparagraph age under this subsection for calendar year mined under subclause (I)), plus an addi- (B), no annuity supplement under this sec- 2017 (as determined under clause (ii)); and tional 0.5 percentage point; tion shall be payable in the case of an indi- ‘‘(C) for purposes of computing an amount ‘‘(III) for a period in calendar year 2015, vidual who first becomes subject to this with respect to a Member or employee for 2016, or 2017, be equal to the applicable per- chapter after December 31, 2012. Congressional employee service— centage under this paragraph for the pre- ‘‘(B) Nothing in this paragraph applies in ‘‘(i) for a period in calendar year 2013, be ceding calendar year (as determined under the case of an individual separating under equal to the applicable percentage under this subclause (II) or this subclause, as the case subsection (d) or (e) of section 8412.’’. subsection for calendar year 2012, plus an ad- may be), plus an additional 1.0 percentage SEC. 503. CONTRIBUTIONS TO THRIFT SAVINGS ditional 2.5 percentage points; point; and FUND OF PAYMENTS FOR ACCRUED ‘‘(ii) for a period in calendar year 2014, 2015, ‘‘(IV) for a period in any calendar year OR ACCUMULATED LEAVE. 2016, or 2017, be equal to the applicable per- after 2017, be equal to the applicable percent- (a) AMENDMENTS RELATING TO CSRS.—Sec- centage under this subsection for the pre- age under this paragraph for calendar year tion 8351(b) of title 5, United States Code, is ceding calendar year (as determined under 2017 (as determined under subclause (III)); amended— clause (i) or this clause, as the case may be), ‘‘(ii) for purposes of computing an amount (1) by striking paragraph (2)(A) and insert- plus an additional 1.5 percentage points; and with respect to a Member— ing the following: ‘‘(iii) for a period in any calendar year ‘‘(I) for a period in calendar year 2013, be ‘‘(2)(A) An employee or Member may con- after 2017, be equal to the applicable percent- equal to the applicable percentage under this tribute to the Thrift Savings Fund in any age under this subsection for calendar year paragraph for calendar year 2012, plus an ad- pay period any amount of such employee’s or 2017 (as determined under clause (ii)). ditional 2.5 percentage points; Member’s basic pay for such pay period, and ‘‘(3)(A) Notwithstanding subsection (a)(2), ‘‘(II) for a period in calendar year 2014, may contribute (by direct transfer to the any excess contributions under subsection 2015, 2016, or 2017, be equal to the applicable Fund) any part of any payment that the em- (a)(1)(A) (including the portion of any de- percentage under this paragraph for the pre- ployee or Member receives for accumulated posit under this subsection allocable to ex- ceding calendar year (as determined under and accrued annual or vacation leave under cess contributions) shall, if made by an em- subclause (I) or this subclause, as the case section 5551 or 5552. Notwithstanding section ployee of the United States Postal Service or may be), plus an additional 1.5 percentage 2105(e), in this paragraph the term ‘em- the Postal Regulatory Commission, be depos- points; and ployee’ includes an employee of the United ited to the credit of the Postal Service Fund ‘‘(III) for a period in any calendar year States Postal Service or of the Postal Regu- under section 2003 of title 39, rather than the after 2017, be equal to the applicable percent- latory Commission.’’; Civil Service Retirement and Disability age under this paragraph for calendar year (2) by striking subparagraph (B) of para- Fund. 2017 (as determined under subclause (II)); and graph (2); and

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(3) by redesignating subparagraph (C) of (b) OMISSION TREATED AS MATHEMATICAL OR (9) Section 1128A(i)(1) of the Social Secu- paragraph (2) as subparagraph (B). CLERICAL ERROR.—Subparagraph (I) of sec- rity Act (42 U.S.C. 1320a–7a(i)(1)) is amended (b) AMENDMENTS RELATING TO FERS.—Sec- tion 6213(g)(2) of such Code is amended to by striking ‘‘or subtitle 1 of title XX’’. tion 8432(a) of title 5, United States Code, is read as follows: (10) Section 1132(a)(1) of the Social Secu- amended— ‘‘(I) an omission of a correct Social Secu- rity Act (42 U.S.C. 1320b–2(a)(1)) is amended (1) by striking all that precedes paragraph rity number required under section 24(d)(5) by striking ‘‘XIX, or XX’’ and inserting ‘‘or (3) and inserting the following: (relating to refundable portion of child tax XIX’’. ‘‘(a)(1) An employee or Member— credit), or a correct TIN under section 24(e) (11) Section 1902(e)(13)(F)(iii) of the Social ‘‘(A) may contribute to the Thrift Savings (relating to child tax credit), to be included Security Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is Fund in any pay period, pursuant to an elec- on a return,’’. amended— tion under subsection (b), any amount of (c) CONFORMING AMENDMENT.—Subsection (A) by striking ‘‘EXCLUSIONS’’ and insert- such employee’s or Member’s basic pay for (e) of section 24 of such Code is amended by ing ‘‘EXCLUSION’’; and such pay period; and inserting ‘‘WITH RESPECT TO QUALIFYING (B) by striking ‘‘an agency that determines ‘‘(B) may contribute (by direct transfer to CHILDREN’’ after ‘‘IDENTIFICATION REQUIRE- eligibility for a program established under the Fund) any part of any payment that the MENT’’ in the heading thereof. the Social Services Block Grant established employee or Member receives for accumu- (d) EFFECTIVE DATE.—The amendments under title XX or’’. lated and accrued annual or vacation leave made by this section shall apply to taxable (12) The heading for title XX of the Social under section 5551 or 5552. years beginning after the date of the enact- Security Act is amended by striking ‘‘(2) Contributions made under paragraph ment of this Act. ‘‘BLOCK GRANTS TO STATES FOR SOCIAL SERVICES’’ and inserting ‘‘HEALTH PRO- (1)(A) pursuant to an election under sub- Subtitle C—Human Resources Provisions section (b) shall, with respect to each pay pe- FESSIONS DEMONSTRATIONS AND ENVI- riod for which such election remains in ef- SEC. 621. REPEAL OF THE PROGRAM OF BLOCK RONMENTAL HEALTH CONDITION DE- GRANTS TO STATES FOR SOCIAL TECTION’’. fect, be made in accordance with a program SERVICES. of regular contributions provided in regula- (13) The heading for subtitle A of title XX (a) REPEALS.—Sections 2001 through 2007 of of the Social Security Act is amended by tions prescribed by the Executive Director.’’; the Social Security Act (42 U.S.C. 1397–1397f) striking ‘‘Block Grants to States for Social and are repealed. (2) by adding at the end the following: Services’’ and inserting ‘‘Health Professions (b) CONFORMING AMENDMENTS.— ‘‘(4) Notwithstanding section 2105(e), in Demonstrations and Environmental Health (1) Section 404(d) of the Social Security this subsection the term ‘employee’ includes Condition Detection’’. Act (42 U.S.C. 604(d)) is amended— an employee of the United States Postal (14) Section 16(k)(5)(B)(i) of the Food and (A) in paragraph (1), by striking ‘‘any or Service or of the Postal Regulatory Commis- Nutrition Act of 2008 (7 U.S.C. all of the following provisions of law:’’ and sion.’’. 2025(k)(5)(B)(i)) is amended by striking ‘‘, or all that follows through ‘‘The’’ and inserting (c) REGULATIONS.—The Executive Director title XX,’’. ‘‘the’’; of the Federal Retirement Thrift Investment (15) Section 402(b)(3) of the Personal Re- (B) in paragraph (3)— Board shall promulgate regulations to carry sponsibility and Work Opportunity Rec- (i) by striking ‘‘RULES’’ and all that follows out the amendments made by this section. onciliation Act of 1996 (8 U.S.C. 1612(b)(3)) is through ‘‘any amount paid’’ and inserting (d) EFFECTIVE DATE.—The amendments amended by striking subparagraph (B) and ‘‘RULES.—Any amount paid’’; made by subsections (a) and (b) shall take ef- redesignating subparagraph (C) as subpara- (ii) by striking ‘‘a provision of law speci- fect 1 year after the date of the enactment of graph (B). fied in paragraph (1)’’ and inserting ‘‘the this Act. (16) Section 245A(h)(4)(I) of the Immigra- Child Care and Development Block Grant tion Reform and Control Act of 1986 (8 U.S.C. TITLE VI—COMMITTEE ON WAYS AND Act of 1990’’; and 1255a(h)(4)(I)) is amended by striking ‘‘, XVI, MEANS (iii) by striking subparagraph (B); and and XX’’ and inserting ‘‘and XVI’’. Subtitle A—Recapture of Overpayments Re- (C) by striking paragraph (2) and redesig- (17) Section 17 of the Richard B. Russell sulting From Certain Federally-subsidized nating paragraph (3) as paragraph (2). National School Lunch Act (42 U.S.C. 1766) is Health Insurance (2) Section 422(b) of the Social Security amended— SEC. 601. RECAPTURE OF OVERPAYMENTS RE- Act (42 U.S.C. 622(b)) is amended— (A) in subsection (a)(2)— SULTING FROM CERTAIN FEDER- (A) in paragraph (1)(A)— (i) in subparagraph (B)— ALLY-SUBSIDIZED HEALTH INSUR- (i) by striking ‘‘administers or supervises’’ (I) by striking ‘‘—’’ and all that follows ANCE. and inserting ‘‘administered or supervised’’; through ‘‘(i)’’; (a) IN GENERAL.—Paragraph (2) of section and (II) by striking ‘‘or’’ at the end of clause 36B(f) of the Internal Revenue Code of 1986 is (ii) by striking ‘‘subtitle 1 of title XX’’ and (i); and amended by striking subparagraph (B). inserting ‘‘subtitle A of title XX (as in effect (III) by striking clause (ii); and (b) CONFORMING AMENDMENT.—So much of before the repeal of such subtitle)’’; and (ii) in subparagraph (D)(ii), by striking ‘‘or paragraph (2) of section 36B(f) of such Code, (B) in paragraph (2), by striking ‘‘under title XX’’; and as amended by subsection (a), as precedes subtitle 1 of title XX,’’. (B) in subsection (o)(2)(B)— ‘‘advance payments’’ is amended to read as (3) Section 471(a) of the Social Security (i) by striking ‘‘or title XX’’ each place it follows: Act (42 U.S.C. 671(a)) is amended— appears; and ‘‘(2) EXCESS ADVANCE PAYMENTS.—If the’’. (A) in paragraph (4), by striking ‘‘, under (ii) by striking ‘‘or XX’’. (c) EFFECTIVE DATE.—The amendments subtitle 1 of title XX of this Act,’’; and (18) Section 201(b) of the Indian Child Wel- made by this section shall apply to taxable (B) in paragraph (8), by striking ‘‘XIX, or fare Act of 1978 (25 U.S.C. 1931(b)) is amended years ending after December 31, 2013. XX’’ and inserting ‘‘or XIX’’. by striking ‘‘titles IV–B and XX’’ each place Subtitle B—Social Security Number Required (4) Section 472(h)(1) of the Social Security it appears and inserting ‘‘part B of title IV’’. to Claim the Refundable Portion of the Act (42 U.S.C. 672(h)(1)) is amended by strik- (19) Section 3803(c)(2)(C) of title 31, United Child Tax Credit ing the 2nd sentence. States Code, is amended by striking clause SEC. 611. SOCIAL SECURITY NUMBER REQUIRED (5) Section 473(b) of the Social Security (vi) and redesignating clauses (vii) through TO CLAIM THE REFUNDABLE POR- Act (42 U.S.C. 673(b)) is amended— (xvi) as clauses (vi) through (xv), respec- TION OF THE CHILD TAX CREDIT. (A) in paragraph (1), by striking ‘‘(3)’’ and tively. (a) IN GENERAL.—Subsection (d) of section inserting ‘‘(2)’’; (20) Section 14502(d)(3) of title 40, United 24 of the Internal Revenue Code of 1986 is (B) in paragraph (4), by striking ‘‘para- States Code, is amended— amended by adding at the end the following graphs (1) and (2)’’ and inserting ‘‘paragraph (A) by striking ‘‘and title XX’’; and new paragraph: (1)’’; and (B) by striking ‘‘, 1397 et seq.’’. ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE- (C) by striking paragraph (2) and redesig- (21) Section 2006(a)(15) of the Public Health SPECT TO TAXPAYER.— nating paragraphs (3) and (4) as paragraphs Service Act (42 U.S.C. 300z–5(a)(15)) is amend- ‘‘(A) IN GENERAL.—Paragraph (1) shall not (2) and (3), respectively. ed by striking ‘‘and title XX’’. apply to any taxpayer for any taxable year (6) Section 504(b)(6) of the Social Security (22) Section 203(b)(3) of the Older Ameri- unless the taxpayer includes the taxpayer’s Act (42 U.S.C. 704(b)(6)) is amended in each of cans Act of 1965 (42 U.S.C. 3013(b)(3)) is Social Security number on the return of tax subparagraphs (A) and (B) by striking ‘‘XIX, amended by striking ‘‘XIX, and XX’’ and in- for such taxable year. or XX’’ and inserting ‘‘or XIX’’. serting ‘‘and XIX’’. ‘‘(B) JOINT RETURNS.—In the case of a joint (7) Section 1101(a)(1) of the Social Security (23) Section 213 of the Older Americans Act return, the requirement of subparagraph (A) Act (42 U.S.C. 1301(a)(1)) is amended by strik- of 1965 (42 U.S.C. 3020d) is amended by strik- shall be treated as met if the Social Security ing the penultimate sentence. ing ‘‘or title XX’’. number of either spouse is included on such (8) Section 1128(h) of the Social Security (24) Section 306(d) of the Older Americans return. Act (42 U.S.C. 1320a–7(h)) is amended— Act of 1965 (42 U.S.C. 3026(d)) is amended in ‘‘(C) LIMITATION.—Subparagraph (A) shall (A) by adding ‘‘or’’ at the end of paragraph each of paragraphs (1) and (2) by striking ‘‘ti- not apply to the extent the tentative min- (2); and tles XIX and XX’’ and inserting ‘‘title XIX’’. imum tax (as defined in section 55(b)(1)(A)) (B) by striking paragraph (3) and redesig- (25) Section 2605 of the Low-Income Home exceeds the credit allowed under section 32.’’. nating paragraph (4) as paragraph (3). Energy Assistance Act of 1981 (42 U.S.C. 8624)

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7402 CONGRESSIONAL RECORD — HOUSE December 20, 2012 is amended in each of subsections (b)(4) and SEC. 705. TREATMENT FOR PAYGO PURPOSES. Armed Forces. It will be one of the (j) by striking ‘‘under title XX of the Social The budgetary effects of this Act and any most significant and damaging blows Security Act,’’. amendment made by it shall not be entered to our troops and our national security (26) Section 602 of the Child Development on either PAYGO scorecard maintained pur- in history. Without even the stroke of Associate Scholarship Assistance Act of 1985 suant to section 4(d) of the Statutory Pay- (42 U.S.C. 10901) is repealed. As-You-Go Act of 2010. a pen, sequester will do incredible in- (27) Section 3(d)(1) of the Assisted Suicide SEC. 706. ELIMINATION OF THE FISCAL YEAR 2013 jury to a military that took genera- Funding Restriction Act of 1997 (42 U.S.C. SEQUESTRATION FOR DEFENSE DI- tions to build. It will take generations 14402(d)(1)) is amended by striking subpara- RECT SPENDING. to fix. And the blow will not come from graph (C) and redesignating subparagraphs Any sequestration order issued by the an enemy, but from our own inability (D) through (K) as subparagraphs (C) through President under the Balanced Budget and to fulfill the basic obligations of gov- (J), respectively. Emergency Deficit Control Act of 1985 to ernance. (c) EFFECTIVE DATE.—The repeals and carry out reductions to direct spending for We must stop substituting regular the defense function (050) for fiscal year 2013 amendments made by this section shall take order with brinksmanship. We must effect on January 1, 2013. pursuant to section 251A of such Act shall have no force or effect. not allow impasses of our own doing to TITLE VII—SEQUESTER REPLACEMENT harm our Armed Forces. I call on the The SPEAKER pro tempore. The gen- SEC. 701. SHORT TITLE. President to lead rather than create a tleman from Wisconsin (Mr. RYAN) as This title may be cited as the ‘‘Sequester new crisis. We cannot stand idly by the designee of the majority leader and Replacement Act of 2012’’. while we have American men and the gentleman from Maryland (Mr. VAN SEC. 702. PROTECTING VETERANS PROGRAMS women fighting to keep us safe across HOLLEN) as the designee of the minor- FROM SEQUESTER. the globe. It’s a disgrace that the ity leader each will control 30 minutes. Section 256(e)(2)(E) of the Balanced Budget President decided to use them as pawns and Emergency Deficit Control Act of 1985 is The Chair recognizes the gentleman in these negotiations, and it’s a dis- repealed. from Wisconsin. grace that we haven’t managed to res- SEC. 703. ACHIEVING $19 BILLION IN DISCRE- GENERAL LEAVE cue them yet. TIONARY SAVINGS. Mr. RYAN of Wisconsin. Mr. Speaker, (a) REVISED 2013 DISCRETIONARY SPENDING My leadership made me a promise: I ask unanimous consent that all Mem- LIMIT.—Paragraph (2) of section 251(c) of the sequestration would not happen. Balanced Budget and Emergency Deficit bers may have 5 legislative days in Today, for the sixth time, they are Control Act of 1985 is amended to read as fol- which to revise and extend their re- bringing a measure to the floor in an lows: marks on H.R. 6684, the Spending Re- effort to keep that promise. I thank ‘‘(2) with respect to fiscal year 2013, for the duction Act. them for what they have done and wish discretionary category, $1,047,000,000,000 in The SPEAKER pro tempore. Is there we could have done even more. The new budget authority;’’. objection to the request of the gen- American people were also promised (b) DISCRETIONARY SAVINGS.—Section tleman from Wisconsin? that sequestration would not happen. 251A(7)(A) of the Balanced Budget and Emer- There was no objection. gency Deficit Control Act of 1985 is amended Many times over his campaign and in to read as follows: Mr. RYAN of Wisconsin. Mr. Speaker, the presence of our troops and veterans ‘‘(A) FISCAL YEAR 2013.— I yield myself 1 minute. the Commander in Chief made that ‘‘(i) FISCAL YEAR 2013 ADJUSTMENT.—On Jan- This is what we should be doing al- promise: sequestration would not hap- uary 2, 2013, the discretionary category set most every day here—cutting spending. pen. Yet as we stand here today, days forth in section 251(c)(2) shall be decreased In particular, this cuts $236 billion over away from the catastrophe, the Presi- by $19,104,000,000 in budget authority. the next 10 years in net spending cuts dent of the United States hasn’t lifted ‘‘(ii) SUPPLEMENTAL SEQUESTRATION to pay for 1 year of the sequester. It a finger to keep that promise. ORDER.—On January 15, 2013, OMB shall issue sets aside the sequester on defense and a supplemental sequestration report for fis- If the Senate fails to take our offer cal year 2013 and take the form of a final se- nondefense discretionary spending. It seriously, we will likely return to questration report as set forth in section cuts $218 billion in mandatory spending Washington after Christmas. But the 254(f)(2) and using the procedures set forth in and $19 billion in discretionary spend- 68,000 American troops in Afghanistan section 253(f), to eliminate any discretionary ing by lowering those caps. The result don’t have that luxury. We ask them to spending breach of the spending limit set of this is we believe it’s better to iden- bear the pain of combat. I hope we will forth in section 251(c)(2) as adjusted by tify specific spending cuts, waste, not ask them to shoulder the weight of clause (i), and the President shall order a se- fraud, and abuse in the Federal Govern- Washington’s irresponsibility. Every questration, if any, as required by such re- ment in order to prevent the sequester port.’’. man and woman who serves in this from occurring. This sets aside this SEC. 704. CONFORMING AMENDMENTS TO SEC- Chamber, in the one down the hall, and TION 314 OF THE CONGRESSIONAL question for 1 year. But in exchange for in the Oval Office down the street are BUDGET AND IMPOUNDMENT CON- that, it has a net spending reduction of the stewards of a sacred trust. We have TROL ACT OF 1974. $236 billion. We think the path forward all put our left hand on a Bible and Section 314(a) of the Congressional Budget is even lower spending, which is what raised our right hand and made a sa- Act of 1974 is amended to read as follows: this achieves. cred pledge. Part of that pledge is to ‘‘(a) ADJUSTMENTS.— I yield 5 minutes to the chairman of defend the men and women who put ‘‘(1) IN GENERAL.—The chair of the Com- the House Armed Services Committee, mittee on the Budget of the House of Rep- their lives on the line to defend us. If resentatives or the Senate may make adjust- Mr. MCKEON. we allow the year to end without re- ments as set forth in paragraph (2) for a bill Mr. MCKEON. I thank the gentleman solving sequestration, we will all be in or joint resolution, amendment thereto or for yielding, and I thank him for his ef- direct and unforgivable violation of conference report thereon, by the amount of forts on this bill. that trust. I have debated and reasoned new budget authority and outlays flowing Today, we will send to the Senate a with my colleagues, and now I beg you, therefrom in the same amount as required by way out of this fiscal crisis. Rather do not let the year end without ending section 251(b) of the Balanced Budget and than react in defense of the President’s sequestration. Emergency Deficit Control Act of 1985. position, I urge the other body to treat ‘‘(2) MATTERS TO BE ADJUSTED.—The chair I urge passage of this measure. of the Committee on the Budget of the House this package as a good faith effort to Mr. VAN HOLLEN. I yield myself of Representatives or the Senate may make protect America’s middle class and such time as I may consume. the adjustments referred to in paragraph (1) small businesses from harmful tax At the outset, I just want to say to to— hikes and to reduce spending to resolve my friend, the chairman of the Budget ‘‘(A) the allocations made pursuant to the sequestration. We know that the Presi- Committee, I have great respect for appropriate concurrent resolution on the dent is willing to put adjustments to him. And I hope he won’t take it the budget pursuant to section 302(a); entitlements on the table. This pro- wrong way, but I’m glad to have you ‘‘(B) the budgetary aggregates as set forth posal provides a framework for us to back, and look forward to actually in the appropriate concurrent resolution on the budget; and reach bipartisan agreement on how to working with you next year. I actually ‘‘(C) the discretionary spending limits, if do that. hoped that we’d be able to work in a bi- any, set forth in the appropriate concurrent If we fail to act, on January 2 a ham- partisan way, starting right now. Un- resolution on the budget.’’. mer’s strike will fall on America’s fortunately, that doesn’t appear to be

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7403 the case, and we are engaged here in families who make over $1 million can the Senate. The Senate, they haven’t the House on this floor today in what get an average tax break of $50,000. passed a budget in 3 years. We don’t has become a ridiculous political stunt That’s the tax part of Republican Plan just have a fiscal cliff, we have a fiscal which will actually take us much clos- B. abyss in front of us, and that is the er as a country to going over the fiscal We’re here today right now talking debt crisis that is on our horizon. cliff. We’re wasting valuable time. The about the cutting part of Republican Failure to address this debt crisis Speaker should be engaged with the Plan B. I think all of us recall during means not just 47 percent of Ameri- President of the United States in nego- the election the Republican Presi- cans, but every American gets hurt. tiations rather than having walked dential candidate said: Every American gets a lower standard away from those negotiations with the There are 47 percent of the people who will of living. Every American, especially President. That walking away is be- vote for the President no matter what. the next generation, receives a lower coming a bad habit. And then he went on to say: standard of living if we don’t fix this The President put on the table a bal- And so my job is not to worry about those mess. anced budget plan that calls for shared people. So what is this we’re doing here responsibility. It calls for $1.2 trillion Well, you know what? The Repub- today? We’re saying we don’t think the in additional revenues from high-in- lican sequester-cutting plan today is crude across-the-board sequester is come earners over the next 10 years, making their nominee’s promise come good policy. We think it will harm our and $1.2 trillion in additional cuts, if true. It sends a signal that our Repub- national security—the first and pri- you include the interest savings over lican colleagues just don’t care about mary responsibility of the Federal Gov- the next 10 years. And by the way, Mr. the 47 percent. Because you know who ernment—and we want to replace next Speaker, that $1.2 trillion in cuts gets hit? Here’s what it would do. This year’s cuts with even more spending comes on top of the over $1 trillion in is according to the Congressional Budg- cuts that we think are smart spending cuts that have already been agreed to et Office. cuts. this year. By the way, Mr. Speaker, this is a re- The gentleman is talking about all And to our colleague, the distin- cycled version. We had virtually the these people who will lose food stamps guished chairman of the Armed Serv- same bill on the floor last spring; we’re and free and reduced lunches. Let me ices Committee, when he says that the just doing it again. That bill did not say it really clearly: Every single per- President hasn’t lifted a finger to re- get one single Democratic vote, and son who qualifies for food stamps will move the sequester on defense, that’s now it’s brought here under the get food stamps. Every single child who just not true. It’s just not true. In fact, premise of some kind of bipartisan ap- qualifies for a free and reduced lunch the President’s proposal to cut the $1.2 proach. The reason it didn’t get Demo- will get their free and reduced lunch. trillion would also remove the seques- cratic support is, while they’re pro- What we’re saying is you actually have ter for at least 1 year—and maybe for viding these tax breaks to people mak- to qualify for these benefits to get 10. And it’s more cuts total than what ing over $1 million compared to what it these benefits, and that’s not the case we’re talking about on the floor here would be if we went over the fiscal today. We are spending so much money today. cliff, 22 million children will face re- from this government that people who So what we really have, Mr. Speaker, duced or eliminated food benefits. don’t even qualify for these benefits, is the fact that too many of our Repub- That’s according to the Congressional who make more than they should to lican colleagues still think that com- Budget Office. 1.8 million Americans qualify for them, are getting these ben- promise is a dirty word. And that’s will permanently lose their food assist- efits. what brings us to the floor today in ance, and of those, nearly 300,000 chil- There is a lot of waste. There’s a lot this political exercise. dren will lose their school free or re- of fraud. There’s a lot of abuse in how duced lunch program. our Federal tax dollars are being spent, b 1650 So what this sequester-avoidance and we’re beginning to rein that in As has, unfortunately, been the case plan does is make good on the promise with this down payment of spending throughout the year, the Republican that Republicans don’t care about the cuts. package that we’re dealing with today 47 percent. That’s why it didn’t get any With respect to taxes, what we are has two objectives. One objective is to Democratic votes last spring. That’s trying to do here is limit the damage minimize the impact of the budget why, Mr. Speaker, I urge my colleagues to the taxpayer. There’s not a single challenge on high-income earners and to vote against it today. tax increase that we’re proposing I reserve the balance of my time. to shift that burden on the middle-in- here—not a single. What we’re saying come earners and working people. Mr. RYAN of Wisconsin. Mr. Speaker, I yield myself such time as I may con- is prevent as many tax increases as The numbers tell the story, Mr. possible from hitting anybody in this Speaker. Because if we go over the fis- sume. My friend started off by saying this economy. Because you know what? It’s cal cliff, people earning over $1 million is a farce, this is not real. This is what not a very good economy. Look, elec- will face a significant income tax hike. Congress is supposed to do. tions have consequences. We under- But under the Republican Plan B, com- Let’s review what this legislation is stand that. I, of all people, understand pared to the Senate plan that is before or is not. that. The consequence of this election this House right now, the House Repub- Number one, six congressional com- is we have a President who in every lican plan would give those million- mittees went through their areas of ju- proposal he has given us has called for aires a $50,000 tax break on average. risdiction to look for areas where net spending increases along with tax But do you know who would pay spending can be reduced—to look for increases. more under a Republican Plan B? A areas where there was government du- He used to say we ought to cut $3 of whole lot of middle class families. plication, to look for areas where there spending for every $1 of tax increases. Eleven million families will see an av- was government waste and fraud—re- He’s not even doing that. The latest erage of $1,100 tax increase because the ported out of those committees sav- proposals say let’s raise taxes and then Republican Plan B takes away the tui- ings, spending cuts, and we package it raise spending. Mr. Speaker, that’s tion tax credit. Twelve million families together here. We ought to be doing what got us in trouble in the first will lose the enhanced child tax credit; this each and every year. place. they will face $800 more burden. EITC, More to the point, Mr. Speaker, this With that, I’d like to yield 4 minutes 6 million families will pay more. The package of spending cuts are built on to the gentleman from Alabama (Mr. typical U.S. Army private—including top of the fact that we actually passed BACHUS), the chairman of the Financial those men and women serving us in Af- a budget to pay off the debt. We actu- Services Committee. ghanistan today—married with a new- ally passed a budget to make sure that Mr. BACHUS. Mr. Speaker, the gen- born infant will see a $453 increase in nobody gets a tax increase. That’s a lot tleman from Maryland (Mr. VAN HOL- taxes as a result of Republican Plan B. more than the President can say. LEN) says that this is political theater, On average, 25 million families will pay The President’s budget was voted that this is a waste of time. Well, let an average of $1,000 more so that 402,000 down unanimously in the House and me tell you that the Financial Services

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7404 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Committee has cut $35 billion of unnec- iling our national security. Is that the- Our constituents want us to nego- essary wasteful spending. We started ater? Is the national debt an illusion? tiate and agree to a solution to avoid with bailout money, $29 billion that Americans don’t think so, and today economic catastrophe. I have concerns Dodd-Frank said, if a too-big-to-fail we’ll start acting. We’ll start acting. with some of the proposals the Presi- company goes broke, we’re going to And we’ll do something else: We’ll cut dent has made in his negotiations with pay off their creditors and counterpar- taxes. We’ll preserve those tax cuts, ex- the Speaker, but at least the President ties. Now, didn’t the American people cept for those millionaires, people was seeking a workable compromise. tell us in 2008 and 2009 what they felt making over $1 million, as Mr. VAN Instead, the majority walked away about using their money to bail out HOLLEN said. We’re going to let those from the negotiating table and away creditors and counterparties? People tax rates go back up, which is exactly from a $2.4 trillion deficit reduction that are making $40,000 and $50,000 a what NANCY PELOSI proposed. We’re package. Given everything our country year would have to help pay $29 billion. going to take her proposal. And, do you has been through in the last 2 months, We also do away with the HAMP pro- know, as Mr. VAN HOLLEN says, it prob- from Superstorm Sandy to the tragedy gram. Now, is that a waste of time, ably won’t get one Democratic vote for in Newtown, the last thing Americans doing away with this program? The something that your leader proposed 3 need is for politicians to refuse to com- special inspector general for TARP, the months ago. promise while risking market collapse, Congressional Oversight Panel, and the That’s political theater, Mr. VAN credit downgrade, and putting the Government Accounting Office—the HOLLEN. brakes on economic growth and job Government Accounting Office, many Mr. VAN HOLLEN. Mr. Speaker, I creation. of those employees are your constitu- yield myself such time as I may con- I urge my colleagues to end the polit- ents in Maryland—even the editorial sume. ical charade. Let’s get back to the seri- writers of The New York Times said— I wish the outgoing chairman of Fi- ous task of negotiating a balanced def- now, this is New York Times. They nancial Services would check his facts. icit reduction plan. Let’s do it now, said HAMP does more harm than good. Ms. PELOSI, the Democratic leader, today. We can do it. Mr. RYAN of Wisconsin. Mr. Speaker, It’s a wasteful program. Even my did not make a tax proposal that would I, too, want to add my congratulations Democratic colleagues on the Finan- give people over $1 million a year a to the fine gentlewoman from New cial Services Committee said, It $50,000 tax break, which is exactly what York on becoming the ranking member doesn’t work, but we can make it work. the Republican plan would do, number of the Appropriations Committee. She Well, let’s shut it down. one. Number two, the proposal that the has our respect and our congratula- b 1700 President has put on the table has $1.2 tions. With that, I’d like to yield 1 minute $2.8 billion. Is that a waste of our trillion cuts if you include interest sav- to the distinguished majority leader, time today? ings, which is more than the cuts here, Mr. CANTOR. Third, this legislation saves over $5 and will also deal with the sequester. billion. Is that inconsequential? Is that Mr. CANTOR. Mr. Speaker, I thank Number three, the Republican pro- the gentleman from Wisconsin, the theater? Because it gives real account- posal out of Financial Services will in- ability to a government agency that chairman of our Budget Committee. crease the likelihood that taxpayers Mr. Speaker, I rise today to urge sup- right now has not, the CFPB. They have to bail out the financial industry port for the measures before us to re- have unlimited funds. Then it takes again, not reduce it. place the sequester and reduce the def- $4.9 billion in savings from just by And number four, they strip away the icit and to extend permanent tax relief making reforms that this Congress, independence of the Consumer Finance for the middle class and hundreds of this House, voted by over 400 Members Protection Board so that lobbyists can thousands of small business people. to do; but the Senate, even though this meddle in exactly how they do their For the past weeks and months, as will save $4.9 billion, they haven’t even work so that they’re looking out for people have been looking for jobs and taken this bill up. 414 of us voted for lobbyists’ interests rather than the in- budgeting for their expenses, we’ve this bill, and the Senate hasn’t taken terests of the American people. been working to keep taxes from going it up. But I guess I shouldn’t be sur- So this whole approach that we’re up and offering commonsense spending prised. As the budget chairman said, seeing right here is another example of reforms. The Spending Reduction Act they haven’t passed a budget for 3 trying to help the folks at the very top at issue today reduces our deficit and years. at the expense of the rest of the coun- protects our national security by re- My gosh, let’s quit talking about this try. placing indiscriminate cuts that are group of Americans or that group of And, Mr. BACHUS, it wasn’t me mak- neither strategic nor balanced. Americans. Let’s talk about America ing the 40 percent comment talking Mr. Speaker, we all agree that our as if it’s one country. Let’s don’t en- about dividing America. That was the current spending path is unsustainable gage in class warfare. Let’s don’t pit comment made by the Republican can- and poses a real threat to the economy, one income group or one group against didate for President. to job creation, and to our ability to each other. With that, I yield 11⁄2 minutes to the remain competitive in the global econ- We’re going to take a very small step distinguished lady from New York, a omy. We must address the underlying today, but it’s a first step, and it’s not member of the Appropriations Com- issue that faces this country, which is an unimportant step towards cutting mittee, Ms. LOWEY, and I congratulate the mounting deficit and load of debt the national debt. The national debt in her on becoming the new ranking mem- that we are going to leave to this gen- the last 4 years has gone up 70 percent. ber. eration and the next. But the President That’s a staggering amount. Ms. LOWEY. And I congratulate you has been unwilling to consider serious Now, let me say this. Chairman on the wisdom which you generously spending cuts or offer a serious and Bernanke, for 6 years, but particularly share with all of us. balanced plan to avoid the fiscal cliff. the last 4 years, has come before our Mr. Speaker, I rise in strong opposi- The risks of unchecked spending are committee, and he said that the na- tion to the bill. grave. The consequences of our debt tional debt is imperiling our economic Instead of putting forth a serious, crisis will be felt by every student future. Let me use his words. comprehensive, and balanced deficit re- looking for a job that matches their The SPEAKER pro tempore. The duction plan, the Republicans are tak- skills after graduation, by every re- time of the gentleman has expired. ing a timeout so the House can embark tiree counting on Social Security and Mr. RYAN of Wisconsin. I yield the on yet another futile effort to pass por- Medicare, and by every small business gentleman an additional 1 minute. tions of the Ryan budget—the same owner looking to expand and hire. Mr. BACHUS. He said: Ryan budget that would end Medicare We have passed bills and put forward Our economic security is at risk if we don’t as we know it, walk away from the reforms that would save programs like cut down on the debt. caps on discretionary spending agreed Social Security, Medicare, and Med- Mr. MCKEON was here speaking. Sec- to in the Budget Control Act, and has icaid from certain and predictable fail- retary Bob Gates said that it’s imper- no chance of being signed into law. ure, yet we cannot find cooperation,

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7405 Mr. Speaker, from the White House or (Mr. LEVIN asked and was given per- gurgitating their same old position, a the other side of the aisle to help solve mission to revise and extend his re- tax provision that has a $50,000-a-year these problems. marks.) tax cut for millionaires and a tax in- It is unfortunate that we find our- Mr. LEVIN. I did not know that I crease for 25 million working families, selves in this place just 11 days from would follow the distinguished major- including servicemembers and their the new year. For months, we have ity leader. children, and a proposal that cuts jobs been ready and willing to work with I just want to say, and I mostly want on transportation projects, daycare the President to prevent the fiscal cliff to talk about Plan C, but for him or centers, and nursing homes across the from impacting small businesses and anybody else to come on the floor and country. hardworking families. say that the President hasn’t proposed We should stop wasting our time on The math shows that the President’s spending cuts isn’t true, and it under- one-sided bills, follow the President’s push to hike taxes won’t reduce the cuts the necessary level of trust to find lead, lift our sights higher, and nego- deficit, and, left unchecked, his govern- common ground. That kind of a state- tiate. That is the way out of this co- ment spending will bankrupt our fu- ment should not be made. nundrum. And I would urge my friends ture. Our plan will protect 740,000 addi- I sat in the Rules Committee for 3 on the majority side to stop pontifi- tional small businesses that would oth- hours and participated for 2 hours last cating and start negotiating. erwise be hit by the tax hike the Presi- night. There was no reference to Plan Mr. RYAN of Wisconsin. I yield my- dent is proposing. C, and it came up just a few minutes self 30 seconds to say, Follow the Presi- We don’t believe taxes should go up secretly before midnight. The purpose dent’s lead? I wish he were leading. on anybody, but if we can prevent of Plan C is to try to get votes for Plan The gentleman from Michigan said taxes from going up on as many people B within the Republican Conference. he’s offered all these specifics. I wish it as possible, on 99.81 percent of Amer- What it does is to undermine the Af- were so. Where are they? We hear num- ican families and small businesses, we fordable Care Act by eliminating the bers, we hear platitudes, we see budget must and need to do so. true-up protections, and the joint task gimmicks and accounting tricks; but Americans are looking for jobs, small committee says it would result in the we don’t see specifics. We have yet to businesses are deciding whether they loss of health insurance coverage for see a specific solution from this Presi- should hire or invest in growing, and 420,000 people. It would also repeal the dent to deal with his debt crisis. many Americans are struggling to Social Services Block Grant which pro- He’s claimed he wants to cut $3 of make ends meet. We are all committed vides services for millions of Ameri- spending for every $1 of tax increase. to creating an economy where every- cans. We’ve seen a lot of specific tax increase one has an opportunity to succeed. It wasn’t many years ago when proposals come from the President, but House Republicans are offering a plan Chairman CAMP wrote: we haven’t seen a specific spending cut today similar to one that received 53 SSBG has been a key source of flexible proposal from the President. That’s the Democratic votes in the U.S. Senate funding for critical social services. problem. only 2 years ago, and the Spending Re- So now in a desperate effort to find With that, Mr. Speaker, I yield 3 duction Act is a serious start toward votes for Plan B, you turn your back minutes to the chairman of the Agri- reducing our deficit and protecting our on that. culture Committee, the gentleman national security. Finally, it would harm millions of from Oklahoma (Mr. LUCAS). Mr. LUCAS. Mr. Speaker, I rise in b 1710 low-income families and their kids. The estimate is it would affect 1 mil- support of this legislation. Absent a balanced offer from the lion families and more than 3 million It’s no secret we’re facing a severe President, this is our Nation’s best op- kids. debt crisis right now. We’re at the $16 tion, and Senate Democrats should Searching for votes for Plan B with trillion mark in debt piled up. If we take up both of these measures imme- that kind of an approach, I think, is don’t act quickly, we’ll be passing a diately. abominable. crushing burden along to our children The President has a choice, Mr. Mr. RYAN of Wisconsin. I reserve the and grandchildren. Reducing govern- Speaker. He can support these meas- balance of my time. ment spending is never an easy task. ures or be responsible for reckless Mr. VAN HOLLEN. Mr. Speaker, how We face difficult choices, but House Re- spending and the largest tax hike in much time remains on each side? publicans have lived up to our respon- American history. The SPEAKER pro tempore. The gen- sibilities to find ways to cut our costs Mr. VAN HOLLEN. Mr. Speaker, I tleman from Maryland has 171⁄2 min- so that we can once again live within yield myself such time as I may con- utes remaining, and the gentleman our means. sume. from Wisconsin has 151⁄2 minutes re- The Agriculture Committee did its What is unbalanced is the Republican maining. part by finding $33 billion in savings package that we see on the floor today. Mr. VAN HOLLEN. I yield 11⁄2 min- over 10 years. We did this by making We already talked about the numbers utes to the gentleman from New Jersey credible, commonsense reforms to the of the Republican Plan B tax proposal (Mr. ANDREWS). supplemental assistance program, which compared to going over the fis- (Mr. ANDREWS asked and was given SNAP—food stamps if you want to call cal cliff and the Senate alternative permission to revise and extend his re- it that. These provisions reduce waste would actually provide millionaires marks.) and abuse and close program loopholes. with a $50,000 tax cut on average while Mr. ANDREWS. Mr. Speaker, the Re- I’d like to make it absolutely clear 25 million American families will actu- publican majority needs to do what that none of these recommendations ally see a tax increase of $1,000 on aver- Americans do every day in labor nego- will prevent families that qualify for age, including, Mr. Speaker, some of tiations and real estate offices and assistance under SNAP from receiving our soldiers on the front line in Af- other places around this country, and those benefits. Think about that. All ghanistan today. that’s to negotiate rather than simply they have to do is demonstrate their The majority leader talked about restate their position. income level, demonstrate their asset doing the math. Then do the math on The President asked for higher tax level, fill out their paperwork, qualify, the tax plan, because that’s exactly rates on income above $250,000, and he and they will receive their benefits. what it shows. What the President has compromised and moved it up to We’re working hard to better target called for is a balanced plan that asks $400,000. The President started with a the program and improve its integrity for the wealthiest to share the burden spending cut number that was $500 bil- so that families in need can continue of our deficit challenge and make sure lion or $600 billion, and he moved it up to receive nutrition assistance. that we get our economy in full gear. to $1.2 trillion. And he included within Every one of these provisions rep- With that, I yield 11⁄2 minutes to the that a very controversial proposal deal- resents common sense and good gov- distinguished ranking member of the ing with Social Security increases. ernment in times of fiscal restraint. I Ways and Means Committee, Mr. The President has compromised. The would also like to note that the poli- LEVIN. Republicans once again are simply re- cies included in this bill are not the

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7406 CONGRESSIONAL RECORD — HOUSE December 20, 2012 only changes that the House Agri- Nobody wants fraud. We should find failed to engage in a substantive dis- culture Committee has passed that every dollar of wasted money and get cussion on reforming entitlement pro- would cause deficit reduction. In July, rid of it, but don’t pretend that people grams that, in fact, threaten to derail the Ag Committee passed a comprehen- who qualify under the statute are en- the long-term solvency of the U.S. sive farm bill by a strong bipartisan gaged in fraud. What you’re proposing I am proud of the work of our com- vote, a majority of Republicans and a to do in this Republican bill is to deny mittee. It has identified over $100 bil- majority of Democrats. The bill will millions of those people on nutrition lion in savings over the next decade, save $35 billion in the agricultural programs their legal support, and we and we accomplished it in a sensible, baseline. Our bill makes reforms to do not think we should be doing that. responsible manner. We say enough is commodity programs, conservation At the same time, we are giving mil- enough to the litany of slush funds programs, as well as significant re- lionaires a $50,000 average tax cut. tucked into ObamaCare, slush funds forms to the food stamp program. With that, Mr. Speaker, I yield 11⁄2 that we discovered, through aggressive My committee is doing everything it minutes to the gentleman from New oversight, to be blank checks given to can to provide a variety of options for Jersey (Mr. PALLONE). HHS that are going to cost taxpayers all sides and all parties to consider. Mr. PALLONE. I thank my colleague billions of dollars. We’ve made workable reforms to all from Maryland. We made commonsense changes to programs within our jurisdiction, sav- Mr. Speaker, Republicans are, once Medicaid that are going to put impor- ing taxpayers billions of dollars. We again, trying to undermine the recov- tant programs on firmer ground. want to be a part of the solution. We ery of the American middle class. Among other reforms, we eliminated have proven time and time again we’re House Republicans have rejected a bal- the Medicaid maintenance-of-effort re- willing to do our part. anced approach to addressing our defi- quirement. This Federal mandate im- Again, I urge my colleagues to adopt cits and, instead, have opted for draco- pedes a State’s ability to implement these reforms. Yes, it means you’ll nian cuts to the people who can afford program integrity measures, and it ac- have to apply. Yes, it means you’ll them the least in an effort to protect tually weakens the safety net by mak- have to demonstrate your assets and the wealthy. The Republican plan may ing it more difficult for States to tar- your income. But if you’re qualified, as well be called the ‘‘reverse Robin get resources to the most vulnerable you will receive the help you need. You Hood agenda,’’ by which they take Americans. We achieved significant just have to demonstrate you need the from the poor to give to the rich: savings, as well, in something that was help. Is that unreasonable? It starts by literally taking food out noticeably absent in the President’s b 1720 of the mouths of children by cutting health care law, that being tort reform. With a $16 trillion deficit—is that un- the critical Supplemental Nutrition The President declared in his 2011 reasonable?—and with a $1 trillion an- Assistance Program, SNAP; State of the Union Message: Next, they move on to one of their fa- nual spending deficit? Demonstrate I am willing to look at other ideas to bring vorite pastimes—trying to repeal the you need the help and we’ll help you. down costs, including one that Republicans Affordable Care Act, specifically the suggested last year—medical malpractice re- That’s not unreasonable. form to rein in frivolous lawsuits. Mr. VAN HOLLEN. Mr. Speaker, a provisions that help make health care couple of points here. more affordable for women, children, After 2 years of empty promises, now First, the chairman of the Budget seniors, and the poor; 300,000 low-in- is the time for the President to fulfill Committee said that the President come children will lose access to that pledge and to finally put doctors, hadn’t put any specific spending cuts health care thanks to cuts to Medicaid patients, and taxpayers first. That’s in on the table. That’s just not true. His and to the Children’s Health Insurance this bill. proposal has been available to the pub- Program. Women will lose access to The House passed a budget and now lic for well over a year now. As to just critical health services covered in the legislation again that truly cuts spend- one specific proposal, the President has ACA, like cancer screenings and immu- ing to offset the automatic spending said we should get rid of excessive agri- nizations; cuts, or sequester. Our debt grows by culture subsidies. He has called for $30 Finally, the last step is to go after nearly $4 billion a day, and it’s our billion on that item alone. another favorite GOP target, and kids and our grandkids who are going Mr. RYAN of Wisconsin. Will the gen- that’s Social Security. to pay the price if we stand by and do tleman yield? Mr. Speaker, House Republicans have nothing. Without action, a $20 trillion Mr. VAN HOLLEN. I yield to the gen- only one constituency to protect, and debt could soon be a reality. tleman. that’s the wealthiest Americans. It So, if not us, who is going to do it? If Mr. RYAN of Wisconsin. I meant couldn’t be more obvious. not now, when is it going to happen? ‘‘net.’’ Mr. RYAN of Wisconsin. Mr. Speaker, Our work is not easy, but it’s nec- Mr. VAN HOLLEN. In reclaiming my I yield 3 minutes to the chairman of essary. It’s time to make the tough time, that also is not true, and on that, the Energy and Commerce Committee, choices to get this deficit down. Let’s we will have a longer discussion. the gentleman from Michigan (Mr. vote for this bill. The reality is ag subsidies are one UPTON). Mr. VAN HOLLEN. Mr. Speaker, I very concrete example. Interestingly, Mr. UPTON. Today, we take a stand now yield 11⁄2 minutes to the gentlelady this bill that our Republican colleagues for future generations as we work to from California (Ms. WATERS), and I have brought to the floor, again, while get our $16 trillion national debt under congratulate her on becoming the cutting deeply into the food and nutri- control and as we put ourselves on a ranking member of the Financial Serv- tion programs, doesn’t take one penny path towards a more sound fiscal fu- ices Committee. from ag subsidies for agrabusinesses. ture. Ms. WATERS. Thank you very much. Now, Mr. Speaker, it’s also impor- In the Spending Reduction Act of While it is clear that the Republican tant to correct another statement that 2012, we identified key areas to sensibly majority’s H.R. 6684 is an attempt to has been made by both the chairman of reduce spending in the effort to replace generate votes for Speaker BOEHNER’s the Budget Committee and the chair- the blunt instrument known as the Plan B, when it comes to protecting man of the Ag Committee with respect ‘‘sequester.’’ Without this thoughtful, the American middle class from an- to the food program. I think the chair- balanced package of savings, in 2 weeks other taxpayer bailout, H.R. 6684 gets a man knows that the SNAP statute pro- the sequester is going to cut discre- failing grade: vides in statute two routes for people tionary spending indiscriminantly First, the plan repeals our financial to be eligible for food and nutrition as- while shielding the lion’s share of the regulators’ existing authority, which sistance—one is the specific income government’s budget from reductions. was created in the Dodd-Frank Wall and asset test, or they can become eli- Critical priorities, such as important Street Reform Act, to end the era of gible under the SNAP statute based on cancer research at the NIH and FDA too-big-to-fail institutions; participation in other programs in review and inspection budgets to help H.R. 6684 would also tie the hands of which they have to show income-based keep foods and medicines safe, are on the Consumer Financial Protection Bu- need. the chopping block because we have reau, an agency we formed under Dodd-

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7407 Frank to make sure financial institu- kind of draconian cuts the gentleman accessible and cost effective in the tions play by the rules when it comes seems to suggest. What we’re saying United States by limiting the amount to mortgage and student loans, credit with these programs is that you need of patient awards that are available for cards, and payday lenders. H.R. 6684 to be eligible for the actual benefit to plaintiff attorney’s fees. Among other would eliminate that independent fund- receive the benefit. That’s not asking things, the legislation would ensure ing and, instead, tie their hands by too much. If we can’t put commonsense that all settlements against medical making the Bureau basically have to reforms like this in place, we’ll never providers are proportional to their re- go through the appropriations process; get anywhere in dealing with this debt sponsibility for the patient’s injury. The plan likewise eliminates the Of- crisis. Mr. Speaker, the nonpartisan Con- fice of Financial Research, an Agency The gentlelady from the Financial gressional Budget Office has stated tasked with collecting information on Services Committee says it’s just that if the HEALTH Act were enacted, the health of our financial markets and wrong to submit the Consumer Finan- the Federal Government alone would conducting research on financial sta- cial Protection Bureau agency to the save $48 billion over the next 10 years. bility issues; appropriations process. I find that an Other studies have shown the savings Finally, H.R. 6684 would just kill the amazing critique. to be much higher, some as high as $200 Home Affordable Modification Pro- The SPEAKER pro tempore. The billion annually over all of health care, gram. We need to improve our ability time of the gentleman has expired. which indeed constitutes, as my col- to do loan modifications, not kill it. Mr. RYAN of Wisconsin. I yield my- leagues know, nearly one-fifth of our It is unfortunate that, at the end of self another 30 seconds. entire economy. This is an agency that gets its money another session of Congress, the Repub- Tort reform will also help end the from the Federal Reserve without ever licans are again playing with the U.S. practice of defensive medicine, which is having to go through Congress. When economy when they should be working one of the largest cost drivers of health we uphold the Constitution to take of- in a bipartisan manner with the House care. When physicians are forced to fice, let’s never forget that the power Democrats in order to avert the fiscal order these excessive tests simply to of the purse lies in the legislative cliff. avoid malpractice suits, health care branch. All of these executive agencies Ladies and gentlemen, I know that costs go up and patient safety goes should have to go through the appro- down. many of you didn’t know that all of priations process. That’s not gutting a The SPEAKER pro tempore. The this was in this bill; but we have this program; that’s bringing account- time of the gentleman has expired. plan, this orderly way, of dissolving ability to a program. Mr. RYAN of Wisconsin. I yield the these financial institutions when they With that, I yield 3 minutes to the put our economy at risk. So vote ‘‘no’’ gentleman from Georgia (Mr. gentleman an additional 30 seconds. Mr. GINGREY of Georgia. I thank on this particular bill. GINGREY). Mr. RYAN of Wisconsin. I reserve the Mr. GINGREY of Georgia. Mr. Speak- the gentleman. balance of my time. er, I rise in support of the underlying I wholeheartedly believe that the Mr. VAN HOLLEN. May I inquire as bill, H.R. 6684, the Spending Reduction HEALTH Act takes an important step to improve health care delivery in this to how much time remains on both Act of 2012, because as Chairman RYAN sides. said, we are not only facing a fiscal country. This is the kind of common- The SPEAKER pro tempore. The gen- cliff, but as he put it, we’re facing a fis- sense, market-based reform that a tleman from Maryland has 111⁄2 min- cal abyss. Indeed, if you will, a fiscal health care system requires. utes remaining, and the gentleman Grand Canyon. Mr. Speaker, I fully support H.R. 6684 from Wisconsin has 9 minutes remain- I want to address my remarks to title and, more specifically, the immense ing. IV of the bill, which was just ref- benefits that the HEALTH Act will not Mr. VAN HOLLEN. Mr. Speaker, I erenced by the chairman of the Energy only have on the Federal budget but on will just say a few words again about and Commerce Committee, the gen- the health of our Nation. the priorities reflected in this Repub- tleman from Michigan. That’s the Help Mr. VAN HOLLEN. Mr. Speaker, I lican package. Efficient, Accessible, Low-cost, Timely yield myself such time as I may con- If you look at Plan B, the tax part, Healthcare Act of 2012, or the HEALTH sume. Let’s talk a little bit about what you’re giving people who earn over $1 Act, to implement reasonable, com- this Republican package will and will million a year on average a $50,000 tax prehensive, and effective health care li- not do with respect to health issues. cut compared to what it would be ability reforms; indeed, exactly what First of all, while their bill would re- under the Senate proposal. At the same the President has been calling for for place much of the sequester, they leave time, under this proposal that we’re the last 5 years, even in the first elec- in place the 2 percent across-the-board talking about here on the floor of the tion when he was campaigning and Medicare cut. Let me say that again. House, you’re talking about elimi- speaking to the American Medical As- Despite all the talk we’re hearing nating important support in food and sociation in Chicago. today on the floor about their efforts nutrition programs for millions of As a physician for over 30 years, I to replace these across-the-board cuts, Americans, including for 300,000 kids fully understand the importance of they leave them in place for Medicare, who would no longer be on school lunch finding balance in medical liability by which will hit providers and have an programs. keeping doctors and hospitals account- impact on the Medicare system. able for their actions while limiting Second, with respect to children’s 1730 b the frivolous lawsuits that contribute health, they cut about $20 billion from What this boils down to once again, to inflated health care costs and rising Medicaid and the Children’s Health Mr. Speaker, is a question of priorities. insurance premiums. We need to re- program over the next 10 years, even We’ve got to reduce our deficit, and form the system so that patients who though those programs are protected we’ve got to get the economy moving have been duly wronged receive a de- from the sequester. So if we were to go again. But we have to deal with the served settlement but, at the same over the fiscal cliff—which apparently deficit in a balanced way, not in a way time, protect our Nation’s physicians is the way our Republican colleagues that provides additional tax breaks to who work hard every day to ensure want to take us right now because the wealthiest Americans at the ex- that their patients receive quality we’re not down talking with the Presi- pense of the rest of the country. care. dent but we’re here on the floor. If we I reserve the balance of my time. Therefore, I once again introduced go over the fiscal cliff, those children’s Mr. RYAN of Wisconsin. Mr. Speaker, the HEALTH Act in this 112th Congress health care is protected. But if we I yield myself 1 minute. to ensure that those who have valid li- adopt the Republican proposal, those The food stamp program has grown ability claims are supported while, at children will actually see less health over the last 10 years by 270 percent. the same time, discouraging the prac- security. In fact, according to the Con- That’s far in excess of the recession. tice of jackpot justice. gressional Budget Office, in 2015, there With these kinds of reforms, it will If enacted, this title in H.R. 6684 will be 300,000 children who no longer have grown by 260 percent. Hardly the would make health care delivery more have coverage under the Children’s

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7408 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Health Insurance Program. That’s political games, Mr. Speaker. Let’s not sibility of the wealthiest of the coun- what they’re proposing here, even as bring to the floor of the House bills try at the expense of everybody else. their tax Plan B provides millionaires that have never gotten a Democratic I yield 11⁄2 minutes to the gentleman with an average tax break of $50,000 vote before, and which the President from Massachusetts (Mr. FRANK), the compared to the Senate plan, and even has already indicated he will veto be- ranking member on the Financial though their tax plan, while providing cause they fail the important test of Services Committee. millionaires that average rate com- balance. Mr. FRANK of Massachusetts. The pared to the Senate plan, is going to I reserve the balance of my time. previous speaker complained about not increase the tax burden on 25 million Mr. RYAN of Wisconsin. Mr. Speaker, being willing to make cuts. That’s families. So an average tax cut for mil- let me just say, over the past decade right after the House is apparently lionaires of $50,000 compared to the Medicaid spending increased by 150 per- about to vote on a defense bill in which Senate plan, and at the same time a se- cent. Over the next decade it’s pro- Members boasted about how they were quester proposal that would result in jected to increase by 225 percent, and putting weapons systems into play 300,000 kids in the year 2015 losing their an effort to slow the increase is called that the Pentagon didn’t want, far Children’s Health Insurance coverage, a cut. That’s our problem. more expensive than the kinds of according to the Congressional Budget Mr. Speaker, I yield 2 minutes to the things I’ve been concerned about. Office. gentleman from California (Mr. ISSA), What troubles me most about this, There you have, Mr. Speaker, the pri- the chairman of the Government Re- and it’s a tough choice, is the attack orities in the Republican plan. That’s form and Oversight Committee. on the Consumer Financial Protection Bureau. Now, I know my Republican not balance. Mr. ISSA. Mr. Speaker, shame on colleagues hated the idea of an inde- Look, the reason we’re here is be- this body. We have a $10 trillion hole in pendent bureau responsive to con- cause our Republican colleagues refuse the difference between our spending sumers and not financial institutions. to compromise. They bring this bill to and our revenue, and we can’t find a We created an independent one. They the floor in the name of a productive way to compromise? didn’t have the votes to stop it. They contribution to compromise when this The gentleman from Maryland said don’t have the willingness to take it on virtually identical bill did not get a that it didn’t receive a single Demo- cratic vote. This is the most humble head-on. single Democratic vote last spring—not This buries in this large bill, which one. And that’s compromise? and minimal proposal I could imagine. The chairman of the Budget Com- isn’t subject to amendment, a provi- The Senate has already said it’s not sion that would take away the inde- going to take up this bill. That old bill mittee, himself, would recognize that we’re not getting close to a balanced pendence of the consumer bureau. It has been sitting over there, and the would say that they are now going to President has said he would veto it. We budget with this. We’re simply making a down payment on it. be subject to annual appropriations. are wasting the people’s time, Mr. Oh, but I’m told that’s a matter of My committee marked up one of the Speaker. It’s time for the Speaker of principle. But it’s apparently not a largest portions of these improve- this House to negotiate with the Presi- matter of principle for a financial regu- ments, which aligns the Federal dent. latory institution that the bankers workforce’s compensation, including Now, we know what the problem is. like. Members of Congress and their staffs, a There’s this book, Mr. Speaker, which I offered a motion in committee to little closer to the rest of the work- is very aptly titled, ‘‘It’s Even Worse subject the Federal Reserve System to force, a little closer to the rest of hard- Than It Looks.’’ This book was written annual appropriations. That was voted working Americans, and yet we can’t by two scholars of the Congress, one down by the Republicans. person in a Democratic-leaning think get a single Democratic vote. Oh, the consumer bureau, that’s dan- tank and the other in a Republican- I say to the Democrats, quite frank- gerous. There they go getting people leaning think tank. Here’s what they ly, shame on you for not being able to refunds on credit cards. But the Fed- say, and they say it with great regret. make a down payment on a $10 trillion eral Reserve, oh no, they can stay au- They say: shortfall. And to my colleagues on the tonomous. The controller of the cur- Republican side, this isn’t enough. This The problem is that in the House today, we rency, the Federal Deposit Insurance have a Republican Party that’s become an isn’t nearly enough, but at least we’re Corporation. So this strong principle insurgent outlier, ideologically extreme, showing that we don’t have a partner my Republican colleagues discovered contemptuous of the inherited social and in the White House and we don’t have only came to light when we try to pro- economic policy regime, and scornful of com- a partner in this body that will work tect consumers. And with regard to promise. with us to begin a down payment on $10 every other financial institution, they That’s from two independent, non- trillion worth of shortfall. say it’s okay. partisan scholars. And, Mr. Speaker, In closing, even if, in fact, the Presi- They also would abolish the Office of that’s exactly the problem we’ve got dent got his original wish, that we Financial Research, a nonpartisan en- here today. were going to go over the cliff and raise tity that’s just to get information. $538 billion in new revenue, we would b 1740 There was a wide consensus that we still have $500 billion worth of excess had a problem in the first part of the It’s time for the Speaker to actually spending that has built up since Bill century when we didn’t know what has follow the good counsel of many mem- Clinton left office. happening. The Republicans want us to bers of his caucus. Either take up the I hope the American people are vote for continued ignorance. Senate bill and pass it, or let’s get seri- watching. I hope they’ll demand that Mr. RYAN of Wisconsin. May I in- ous and negotiate with the President, we do more than just make a small quire as to how much time remains? who’s put forward a balanced plan, a down payment and then argue about it; The SPEAKER pro tempore. The gen- plan, as many of my colleagues have that, in fact, we need to address $10 tleman from Wisconsin has 2 minutes said, that a lot of Democrats don’t trillion over 10 years—$1 trillion a remaining, and the gentleman from like. year—and we’re not even beginning to Maryland has 31⁄2 minutes remaining. In fact, there are going to be Demo- do that. Mr. RYAN of Wisconsin. I’ll reserve crats who don’t vote for even the pro- I hope that this will pass, because, in the balance of my time since we have posals the President’s put forward al- fact, we need the Democrats to realize no more speakers for closing, and leave ready. Many are still reserving judg- this is only the beginning of what will it to the gentleman from Maryland. ment. be a much tougher, tougher effort on Mr. VAN HOLLEN. Mr. Speaker, I That’s the test of compromise, not a behalf of the American people. yield 11⁄2 minutes to the distinguished bill that comes to the floor that’s Mr. VAN HOLLEN. Mr. Speaker, it’s gentleman from New York (Mr. RAN- never had a single Democratic vote. true that our Republican colleagues GEL). That’s not compromise. are not going to have a partner for a Mr. RANGEL. Let me thank the The American people want us to totally lopsided, unbalanced approach, Speaker for the service that he’s given work together. Let’s stop playing these that, once again, minimizes the respon- to the Congress.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7409 Some day someone may review our the American people. They don’t want tax rates are extended, those taxes still conduct here in the House, and one of more tax breaks for the millionaires go up. The problem is spending goes the speakers on the other side, I guess and billionaires and big corporations way up. Spending is our problem. he’s gone, but he said shame on the paid for by cuts to our poorest Ameri- The size of our government will dou- Congress. I just wanted to join with cans. ble over the course of this generation him on that. as a share of the economy. The Presi- b 1750 But I also want history to record dent has shown no leadership on deal- that they may ask what the heck was Mr. VAN HOLLEN. I yield 1 minute ing with the drivers of our debt. We RANGEL doing down there when this to the gentleman from Pennsylvania have. We have passed our budget. We was going on? What happened? (Mr. FATTAH). put the specifics out there. And I hope the RECORD is abundantly Mr. FATTAH. I want to thank the Let’s avert a fiscal cliff and let’s get clear that this was outlined in a cam- gentleman for yielding. on to the business of preventing the fis- paign. It was a Presidential campaign. I know that people may be confused cal abyss, which is the coming debt cri- And the President said that as a result by some of this debate, so I just want sis that will not be resolved until we of America getting into wars and not to bring some common sense to it. have real leadership; and that, unfortu- paying for it, and as a result of wrong- In every instance, A is the preferable nately, is sorely lacking. doing in Wall Street, and the result of option. Whether you get your ticket to With that, I urge passage of this. a whole lot of people getting out of heaven or you get to go free or you get Let’s prevent taxpayers from tax in- work, that we had to have a program to the present you want under the Christ- creases, get a down payment on spend- raise the money and to pay down on mas tree, when somebody suggests to ing cuts, and let’s pass this bill. the deficit by cutting back programs. you option B, it’s something less than I yield back the balance of my time. It seems as though what has hap- the best. Mr. YOUNG of Florida. Mr. Speaker, I rise pened here is that the Republican We have the very best country on the today in strong support of H.R. 6684, the Party missed something. Maybe it was face of the Earth. We’re the wealthiest, Spending Reduction Act of 2012. This bill is election night. Maybe it was a small strongest, most powerful nation in the essential in stopping the devastating across- group of the Republican Party. But world. And what they’re asking us to the-board sequestration cuts set to take place they really didn’t believe, or don’t be- do is to choose, rather than a grand across the entire federal government in just a lieve that the President won. bargain to put our fiscal house in few weeks. Half of those cuts would come And this whole idea of protecting 2 order, they want us to go with Plan B. from the Department of Defense and our na- percent of the population actually was I hope that the House would reject tional security programs. on a vote. The people voted, and the Plan B. Doing something less than our The Department of Defense, industry, and President said he was going to protect best as a Nation is not worthy of this the Congressional Defense Committees, have 98 percent of the taxpayers. And so House. It’s not even worthy of the ma- repeatedly and consistently warned of the con- somehow this is not being understood. jority to bring this here today, because sequences of letting sequestration take place. Further from that, if you have to they know it’s not going anywhere. We If allowed to happen, the impact to the Depart- have more savings, and I agree that we know it’s not going anywhere. And if ment of Defense would be a reduction of 8.2 do, why would you go, of all places, to we want to move our country forward, percent or $54.6 billion from the fiscal year the most vulnerable? which is what the American people 2013 budget. The total sequestration reduction My friend from Wisconsin often tells voted for on the last Election Day, we for Defense through fiscal year 2021 amounts me how fast food stamps have arisen in need to choose the A option rather to roughly $492 billion—almost half a trillion the last 2, 4, 6 years. I wonder whether than Plan B. dollars. he’s ever taken time to find out wheth- Plan B is not the way to go unless With military pay and personnel costs ex- er there’s any relationship between the we’re trying to get in second place to empt from the cuts, the actual cut to all other increase in unemployment and increase countries like China and others. If we accounts increases to 9.4 percent. Even in food stamps. want to stay in the lead, we need to get though the Department of Defense has some So I just want to be recorded, Mr. our fiscal House in order and reject limited flexibility to allocate sequestration cuts Speaker, this ain’t for real. this Plan B. in the operating accounts, a computer will cut Mr. VAN HOLLEN. Mr. Speaker, I The SPEAKER pro tempore. All time all procurement and research accounts pro- yield 1 minute to the distinguished on the Democratic side has expired. portionally—which will directly impact more ranking member from California (Mr. The gentleman from Wisconsin has 2 than 2,500 programs and projects. The impact WAXMAN). minutes remaining. on our national security and readiness will be Mr. WAXMAN. Mr. Speaker, and my Mr. RYAN of Wisconsin. Mr. Speaker, severe. colleagues, we’ve seen this business all let’s take a step back to remind us Base operating budgets will be cut, nega- over and over again from the Repub- where we are. tively impacting readiness. Training could be licans. Plan B, Plan C. Let’s work on a On January 1, if we do nothing, every significantly reduced, resulting in unprepared bipartisan agreement to avoid the fis- American taxpayer will see a massive troops and higher risk to those who deploy. cal cliff. tax increase. That will dramatically Civilian personnel will certainly be affected, But what they presented to us today hurt our economy and families. Then, possibly resulting in hiring freezes and unpaid would slash Medicaid, which will hurt on the next day, we’ll face a 10 percent furloughs. Fewer weapon systems will be hundreds of thousands of people, in- cut in our defense budget. bought, which starts a vicious circle of rises in cluding cutting off 300,000 children Americans chose divided govern- unit prices for the remaining weapons. Other from health insurance, hurting some of ment, whether it was intended or not. major weapon systems will be reduced or ter- our most vulnerable citizens. It would The President won. The House is still a minated, and current contracts may have to be impede implementation of the health Republican House. We’re going to have terminated or renegotiated, resulting in addi- reform law that’s already benefiting to find a way to make this work. This tional costs to the government and a loss of millions of Americans. is what we’re attempting to do today. favorable contract terms in some cases. Pro- It fails to protect Medicare from bil- We want to avert this crisis, this cliff, curement and Depot Maintenance schedules lions of dollars in cuts under the se- but that means to begin to get spend- will be severely impacted, which is enormously questration. It establishes a Federal ing under control, that means to pre- disruptive, especially in shipbuilding and main- medical malpractice system trampling vent as many tax increases from hit- tenance when future deployments rely on on the rights of States. It undermines ting Americans as possible. maintaining schedules. our future health by cutting today’s My friend—and I mean this sin- Earlier this year, Secretary of Defense Leon prevention and public health invest- cerely—my friend from Maryland says Panetta testified that the impact of sequestra- ments. we need a balanced approach. The tion on the Department of Defense alone This is so unacceptable. We have President, in all of his latest proposals, would drive up our nation’s unemployment nothing to solve the looming physician says more taxes and even more net rate by a full percent. Jobs will be lost but payment cuts. spending. Hardly a balanced approach. more importantly, infrastructure and manufac- These are exactly the same Repub- Here’s the problem: Our problem is turing capabilities critical to our national secu- lican proposals that were rejected by not balanced. Even if all the current rity will be lost. Already prime contractors have

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7410 CONGRESSIONAL RECORD — HOUSE December 20, 2012 notified their suppliers and subcontractors that and annually thereafter, the Secretary of enue Code of 1986 shall be taken into account programs are on hold. This has left thousands Health and Human Services shall publish, on ratably over a period (not greater than 8 tax- of small businesses with no choice but to the public Internet Web site of the Depart- able years) beginning with such first taxable ment of Health and Human Services, the in- year. close their doors and lay off workers as work formation described in subsection (b) with SEC. 903. LIMITATION ON DEDUCTION FOR IN- orders have dried up. regard to each congressional district in the TANGIBLE DRILLING AND DEVELOP- Our nation’s manufacturing base relies upon United States (including the District of Co- MENT COSTS OF MAJOR INTE- these workers and their special skills. We rely lumbia and each of the territories of the GRATED OIL COMPANIES. on these small businesses to supply critical United States). (a) IN GENERAL.—Section 263(c) of the In- components for important weapons systems (b) REQUIRED INFORMATION.—The informa- ternal Revenue Code of 1986 is amended by adding at the end the following new sen- and platforms. tion described in this subsection, with re- spect to a congressional district, is— tence: ‘‘This subsection shall not apply to Mr. Speaker, as you know, the impact of se- amounts paid or incurred by a taxpayer in questration is very real and is very imminent. (1) the number of Medicare beneficiaries in such district, the number of Medicaid bene- any taxable year in which such taxpayer is a Just consider that if sequestration remains in ficiaries in such district, and the number of major integrated oil company (as defined in place for its full nine years, our nation will be Children’s Health Insurance Program bene- section 167(h)(5)(B)).’’. left with the smallest ground force since 1940, ficiaries in such district, who, at any time (b) EFFECTIVE DATE.—The amendment the smallest number of ships since 1915, and during the ten-year period beginning on the made by this section shall apply to amounts the smallest Air Force in history. first day of the first fiscal year that begins paid or incurred in taxable years beginning after December 31, 2012. When we talk about the impending cliff, after the date of the enactment of this Act, these across-the-board cuts to our defense will— Mr. RYAN of Wisconsin (during the budget will result in not only an economic fis- (A) lose coverage under the Medicare pro- reading). Mr. Speaker, I ask unanimous gram under title XVIII of the Social Secu- consent to dispense with the reading of cal cliff, but of greatest concern to me, a cliff rity Act, under a State plan or waiver under off which our national security will fall. This will the motion. the Medicaid program under title XIX of The SPEAKER pro tempore. Is there impact our readiness, our ability to defend our such Act, or under a State child health plan objection to the request of the gentle- nation, and our ability to ensure the safety of under the Children’s Health Insurance Pro- woman from Wisconsin? our all volunteer force as they operate around gram under title XXI of such Act, respec- There was no objection. the world. tively, as a result of the implementation of this Act; or The SPEAKER pro tempore. The gen- Mr. Speaker, I want to commend you for tleman from Maryland is recognized keeping the impact sequestration will have on (B) experience an increase in premiums, cost-sharing, or other out-of-pocket costs for 5 minutes. our nation’s security at the forefront of your under such respective program as a result of Mr. VAN HOLLEN. Thank you, Mr. negotiations with President Obama. We can- the implementation of this Act; and Speaker. not, and we must not, let these devastating (2) the name and location of each hospital The chairman of the Budget Com- cuts happen. Unfortunately, only the House and nursing facility that would experience a mittee began his closing remarks by has acted to do anything about it, passing a reduction in payments under the Medicare saying, ‘‘Let’s take a step back.’’ Un- bill on May 10 and considering this bill today. program, a State plan or waiver under the fortunately, Mr. Speaker, that’s ex- Medicaid program, or a State child health I urge my colleagues in the House to approve actly what this package of bills does this legislation today and for the Senate to fol- plan under the Children’s Health Insurance Program as a result of the implementation for the country; it takes us many steps low suit quickly to ensure that sequestration of this Act. back. And the reason it takes us back does not become a stark reality just 13 short TITLE IX—END TAXPAYER SUBSIDIES FOR is because the Speaker of this House days from now. Failing to take action will BIG OIL has backed out of negotiations with cause irreversible harm to our nation’s security SEC. 901. DEDUCTION FOR INCOME ATTRIB- the President for a balanced approach and violate our Constitutional responsibility to UTABLE TO DOMESTIC PRODUCTION to dealing with our deficit and making ‘‘provide for the common defense.’’ ACTIVITIES NOT ALLOWED WITH RE- sure that we accelerate economic SPECT TO OIL AND GAS ACTIVITIES The SPEAKER pro tempore. All time growth and job creation in this coun- for debate has expired. OF MAJOR INTEGRATED OIL COMPA- NIES. try. Pursuant to House Resolution 841, (a) IN GENERAL.—Subparagraph (A) of sec- The issue has never been whether or the previous question is ordered on the tion 199(d)(9) of the Internal Revenue Code of not to reduce our long-term deficit. bill. 1986 is amended by inserting ‘‘(9 percent in The question has always been: How? The question is on the engrossment the case of any major integrated oil com- And how you do it reflects your prior- pany (as defined in section 167(h)(5)(B)))’’ and third reading of the bill. ities. The President has made clear his The bill was ordered to be engrossed after ‘‘3 percent’’. (b) EFFECTIVE DATE.—The amendment priority is not to give higher income and read a third time, and was read the individuals another tax break relative third time. made by subsection (a) shall apply to taxable years beginning after December 31, 2012. to what would happen if we went over MOTION TO RECOMMIT SEC. 902. PROHIBITION ON USING LAST-IN, FIRST- the fiscal cliff, and yet that’s exactly Mr. VAN HOLLEN. Mr. Speaker, I OUT ACCOUNTING FOR MAJOR INTE- what this package of proposals would have a motion to recommit at the GRATED OIL COMPANIES. do. desk. (a) IN GENERAL.—Section 472 of the Inter- The SPEAKER pro tempore. Is the nal Revenue Code of 1986 is amended by add- b 1800 ing at the end the following new subsection: I’ve used this chart a couple of times, gentleman opposed to the bill? ‘‘(h) MAJOR INTEGRATED OIL COMPANIES.— Mr. VAN HOLLEN. I am opposed. Notwithstanding any other provision of this Mr. Speaker. I’m going to use it again, The SPEAKER pro tempore. The section, a major integrated oil company (as and with good reason, because no one Clerk will report the motion to recom- defined in section 167(h)(5)(B)) may not use has or can dispute the facts in this mit. the method provided in subsection (b) in chart. The Clerk read as follows: inventorying of any goods.’’. The reality is, while folks who earn Mr. Van Hollen moves to recommit the bill (b) EFFECTIVE DATE AND SPECIAL RULE.— more than $1 million a year, about 402 H.R. 6684 to the Committee on Ways and (1) IN GENERAL.—The amendment made by families in this country—and God bless Means with instructions to report the same subsection (a) shall apply to taxable years beginning after December 31, 2012. them, we want people to keep making back to the House forthwith with the fol- more money; the issue here is shared lowing amendment: (2) CHANGE IN METHOD OF ACCOUNTING.—In the case of any taxpayer required by the responsibility for reducing our deficit— At the end of the bill, add the following: amendment made by this section to change under the Republican plan relative to TITLE VIII—DISCLOSURE OF HIGHER BEN- its method of accounting for its first taxable the Senate bill, they’re going to get a EFICIARY COSTS AND PROVIDER CUTS year beginning after December 31, 2012— $50,000 average tax break, while over 25 UNDER MEDICARE, MEDICAID, AND (A) such change shall be treated as initi- million Americans will see an increase CHIP CUTS ated by the taxpayer, in their tax obligation compared with (B) such change shall be treated as made SEC. 801. DISCLOSURE OF HIGHER BENEFICIARY where we are today. We don’t think COSTS AND PROVIDER CUTS UNDER with the consent of the Secretary of the MEDICARE, MEDICAID, AND CHIP Treasury, and that’s balanced. That’s not even bal- CUTS. (C) the net amount of the adjustments re- anced within their tax plan. (a) IN GENERAL.—Not later than 30 days quired to be taken into account by the tax- At the same time, they bring to the after the date of the enactment of this Act payer under section 481 of the Internal Rev- floor today a bill, a sequestration bill

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7411 that, by the way, leaves in place the The SPEAKER pro tempore (Mr. Mr. VAN HOLLEN. Mr. Speaker, on cuts to Medicare and then cuts support BASS of New Hampshire). The gen- that I demand the yeas and nays. for kids on food stamps and children tleman from Wisconsin is recognized The yeas and nays were ordered. under the health insurance bill, groups for 5 minutes. The SPEAKER pro tempore. Pursu- that, frankly, would be protected if we Mr. RYAN of Wisconsin. Mr. Speaker, ant to clause 8 and clause 9 of rule XX, went over the fiscal cliff under current I enjoy this. It’s good reading. It has a this 15-minute vote on the motion to law. very rich irony, ‘‘Title VIII. Disclosure recommit will be followed by 5-minute So, Mr. Speaker, this is a question of of higher beneficiary costs from pro- votes on passage of H.R. 6684, if or- priorities. So what this motion to re- vider cuts under Medicare, Medicaid, dered; adoption of the conference re- commit does is say, you know what, we and CHIP cuts.’’ Where was this when port on H.R. 4310; and suspension of the think it’s time that we end the tax- they passed ObamaCare? Where was rules with regard to 3197, if ordered; payer giveaways and subsidies to the this need for disclosure on the bene- H.R. 6443, if ordered; and S. 925, if or- Big Oil companies. My goodness, why ficiaries of Medicare when they took dered. should all of us be providing them one $716 billion from Medicare to spend on The vote was taken by electronic de- more round of tax breaks? Gas prices ObamaCare? Where was this concern vice, and there were—yeas 179, nays are high, their profits are going when they raised $1 trillion in taxes to 243, not voting 9, as follows: through the roof, taxpayers should not pay for ObamaCare? Where was all of [Roll No. 643] be subsidizing that. And we certainly this need for disclosure when they were YEAS—179 shouldn’t be subsidizing that when we hitting providers and beneficiaries in Ackerman Frank (MA) Owens have before us a bill that removes Medicare to pay for their vaunted Altmire Fudge Pallone about 300,000 kids from the school ObamaCare program? Andrews Garamendi Pascrell lunch program and removes about The gentleman talks about cuts to Baca Gonzalez Pastor (AZ) 300,000 kids from the Children’s Health food stamps and Medicaid. Food stamps Baldwin Grijalva Payne Barber Gutierrez Perlmutter Insurance Program in the year 2015, ac- will have grown by 260 percent instead Bass (CA) Hahn Peters cording to the Congressional Budget of 270 percent under this bill. Medicaid Becerra Hanabusa Peterson Office. has grown by 150 percent over the last Berkley Hastings (FL) Pingree (ME) Berman Heinrich Polis So, again, this is about priorities. decade, and it is projected to grow by Bishop (GA) Higgins Price (NC) What this very simple motion to re- 225 percent over the next decade. Slow- Bishop (NY) Himes Quigley Blumenauer Hinchey commit does, in addition to asking ing the growth of spending isn’t a cut, Rahall Bonamici Hinojosa Rangel that oil companies no longer keep get- it’s slowing the growth of spending. Boswell Hirono ting taxpayer subsidies, is just to dis- This is our problem, Mr. Speaker. If we Brady (PA) Hochul Richardson close to the public what the impact of lambaste these commonsense ideas as Braley (IA) Holden Richmond Ross (AR) these cuts will be on citizens through- draconian cuts, we’re never going to fix Brown (FL) Holt Butterfield Honda Rothman (NJ) out this country. It says, tell us what this problem. If we keep this kind of Capps Hoyer Roybal-Allard the impact of the Medicare and Med- language and definition, heaven help Capuano Israel Ruppersberger icaid and Children’s Health Insurance us. Carnahan Johnson (GA) Rush The other part on oil companies, all Carney Johnson, E. B. Ryan (OH) Program cuts will be on kids and oth- Carson (IN) Jones Sa´ nchez, Linda ers in our congressional districts. these taxes. Look, I’ve been a member Castor (FL) Kaptur T. At the very least, we should know of the Ways and Means Committee for Chandler Keating Sanchez, Loretta what we’re doing. The Congressional 12 years. A number of years ago we put Chu Kildee Sarbanes Budget Office had told us, but anybody in place a policy that says: We want Cicilline Kind Schakowsky Clarke (MI) Kissell Schiff who thinks that that independent, non- more manufacturing in America. We Clarke (NY) Kucinich Schrader partisan group has its projections want to reward manufacturing jobs. So Clay Langevin Schwartz wrong, we’ll get a real world check. So if you manufacture something in Cleaver Larsen (WA) Scott (VA) Clyburn Larson (CT) this is simple accountability. This is America, you will pay effectively lower Scott, David Cohen Lee (CA) Serrano understanding what the impact of your tax rates than if you make something Connolly (VA) Levin Sewell vote will be. So I would hope that our overseas. The idea would be more U.S. Conyers Lewis (GA) Sherman colleagues would recognize that at this manufacturing jobs. Here’s what they Cooper Lipinski Shuler Costello Loebsack Sires time, when oil companies are doing do. They say ah, ah, ah, not if you’re in Courtney Lofgren, Zoe Slaughter Critz Lowey just great, they don’t need welfare the oil industry. So, if you’re working Smith (WA) Crowley Luja´ n from the U.S. Government. in the oil fields in North Dakota or the Sutton Cummings Lynch Thompson (CA) We should also understand very Marcellus shale in Pennsylvania or the Curson (MI) Maloney Thompson (MS) clearly what the impact of these cuts Woodford in Texas, we don’t want your Davis (CA) Markey Davis (IL) Matsui Tierney will be because the projections by the jobs, because if you manufacture oil in Tonko nonpartisan Congressional Budget Of- DeFazio McCarthy (NY) America, we’re raising your taxes. DeGette McCollum Towns fice are that it’s going to have a very We’re not going to raise your taxes if DeLauro McDermott Tsongas serious negative impact on kids’ you manufacture oil overseas, but if DelBene McGovern Van Hollen Vela´ zquez health, as well as in terms of the sup- you create American-made energy jobs, Deutch McIntyre Dicks McNerney Visclosky port under the preventive health fund this raises your taxes. Not only does it Dingell Meeks Walz (MN) for women around the country. So, for raise our taxes and costs American en- Doggett Michaud Wasserman example, with the $10 billion cut to the ergy jobs, it raises our gas prices. How Donnelly (IN) Miller (NC) Schultz Waters prevention fund, 326,000 women would Doyle Miller, George is that good for consumers and fami- Edwards Moore Watt not get breast cancer screenings; lies? Ellison Moran Waxman 284,000 women would not get cervical So, it’s an anti-American energy job, Engel Murphy (CT) Welch cancer screenings they are slated to re- pro-high gas tax bill that all of a sud- Eshoo Nadler Wilson (FL) Farr Napolitano Woolsey ceive in 2013. den calls for the kind of disclosure that Fattah Neal Yarmuth These cuts have real impact. So the they weren’t willing to disclose when question is not whether to make cuts— they jammed ObamaCare through. This NAYS—243 we have to make cuts. The President is not serious and I reject this motion. Adams Barton (TX) Boren Aderholt Bass (NH) Boustany has put $1.2 trillion in additional cuts I urge all Members to vote against Akin Benishek Brady (TX) forward on top of the $1 trillion. We’re the motion to recommit. Alexander Berg Brooks just asking for balance. We’re asking I yield back the balance of my time. Amash Biggert Broun (GA) for common sense in our priorities. I The previous question was ordered. Amodei Bilbray Buchanan Austria Bilirakis Bucshon urge people to support the motion to The SPEAKER pro tempore. The Bachmann Bishop (UT) Burgess recommit. question is on the motion to recommit. Bachus Black Burton (IN) I yield back the balance of my time. The question was taken; and the Barletta Blackburn Calvert Mr. RYAN of Wisconsin. Mr. Speaker, Speaker pro tempore announced that Barrow Bonner Camp Bartlett Bono Mack Campbell I rise in opposition to the motion. the ayes appeared to have it.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7412 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Canseco Herrera Beutler Poe (TX) Mr. LEVIN. Mr. Speaker, on that I Carson (IN) Hochul Pelosi Cantor Huelskamp Pompeo demand the yeas and nays. Cassidy Holden Perlmutter Capito Huizenga (MI) Posey Castor (FL) Holt Peters Carter Hultgren Price (GA) The yeas and nays were ordered. Chandler Honda Peterson Cassidy Hunter Quayle The SPEAKER pro tempore. This Chu Hoyer Pingree (ME) Chabot Hurt Reed Cicilline Huelskamp will be a 5-minute vote. Platts Chaffetz Issa Rehberg Clarke (MI) Israel Polis Coble Jackson Lee Reichert The vote was taken by electronic de- Clarke (NY) Jackson Lee Price (NC) Coffman (CO) (TX) Renacci vice, and there were—yeas 215, nays Clay (TX) Quigley Cole Jenkins Ribble 209, answered ‘‘present’’ 1, not voting 6, Cleaver Johnson (GA) Rahall Conaway Johnson (IL) Rigell Clyburn Johnson (IL) Rangel Costa Johnson (OH) Roby as follows: Cohen Johnson, E. B. Richardson Cravaack Jordan Roe (TN) [Roll No. 644] Connolly (VA) Jones Richmond Crawford Kelly Rogers (AL) Conyers Kaptur Ross (AR) Crenshaw King (IA) Rogers (KY) YEAS—215 Cooper Keating Rothman (NJ) Cuellar King (NY) Rogers (MI) Costa Kildee Adams Gosar Palazzo Roybal-Allard Denham Kingston Rohrabacher Courtney Kind Aderholt Gowdy Paulsen Ruppersberger Dent Kinzinger (IL) Rokita Critz Kissell Akin Granger Pearce Rush DesJarlais Kline Rooney Crowley Kucinich Alexander Graves (GA) Pence Ryan (OH) Diaz-Balart Labrador Ros-Lehtinen Cuellar Labrador Amodei Graves (MO) Petri Sa´ nchez, Linda Dold Lamborn Roskam Cummings Landry Austria Griffin (AR) T. Dreier Lance Ross (FL) Pitts Curson (MI) Langevin Bachmann Griffith (VA) Sanchez, Loretta Duffy Landry Royce Poe (TX) Davis (CA) Larsen (WA) Bachus Grimm Sarbanes Duncan (SC) Lankford Runyan Pompeo Davis (IL) Larson (CT) Barletta Guinta Schakowsky Duncan (TN) Latham Ryan (WI) Posey DeFazio Lee (CA) Bartlett Guthrie Schiff Ellmers LaTourette Scalise Price (GA) DeGette Levin Barton (TX) Hall Schrader Emerson Latta Schilling Quayle DeLauro Lewis (GA) Bass (NH) Hanna Schwartz Farenthold Lewis (CA) Schmidt Reed DelBene Lipinski Benishek Harper Schweikert Fincher LoBiondo Schock Rehberg Deutch LoBiondo Berg Harris Scott (VA) Fitzpatrick Long Schweikert Reichert Dicks Loebsack Biggert Hartzler Scott, David Flake Lucas Scott (SC) Renacci Dingell Lofgren, Zoe Bilbray Hastings (WA) Fleischmann Luetkemeyer Scott, Austin Ribble Doggett Lowey Serrano Bilirakis Hayworth Fleming Lummis Sensenbrenner Rigell Donnelly (IN) Luja´ n Sewell Black Heck Flores Lungren, Daniel Sessions Roby Doyle Lynch Sherman Blackburn Hensarling Forbes E. Shimkus Roe (TN) Duncan (TN) Maloney Shuler Bonner Herger Fortenberry Mack Shuster Rogers (AL) Edwards Markey Sires Bono Mack Huizenga (MI) Foxx Manzullo Simpson Ellison Massie Slaughter Boustany Hultgren Rogers (KY) Franks (AZ) Marchant Smith (NE) Engel Matheson Smith (WA) Brady (TX) Hunter Rogers (MI) Frelinghuysen Marino Smith (NJ) Eshoo Matsui Speier Brooks Hurt Rohrabacher Gallegly Massie Smith (TX) Farr McCarthy (NY) Sutton Buchanan Issa Rokita Gardner Matheson Southerland Fattah McCollum Thompson (CA) Bucshon Jenkins Rooney Garrett McCarthy (CA) Speier Fitzpatrick McDermott Thompson (MS) Buerkle Johnson (OH) Ros-Lehtinen Gerlach McCaul Stearns Frank (MA) McGovern Tierney Burgess Jordan Roskam Gibbs McClintock Stivers Fudge McIntyre Tonko Burton (IN) Kelly Ross (FL) Gibson McHenry Stutzman Garamendi McNerney Towns Calvert King (IA) Royce Gingrey (GA) McKeon Sullivan Gibson Meeks Tsongas Camp King (NY) Runyan Gohmert McKinley Terry Gohmert Michaud Van Hollen Campbell Kingston Ryan (WI) Goodlatte McMorris Thompson (PA) Gonzalez Miller (NC) Vela´ zquez Canseco Kinzinger (IL) Scalise Gosar Rodgers Thornberry Green, Al Miller, George Visclosky Cantor Kline Schilling Gowdy Meehan Tiberi Green, Gene Moore Walsh (IL) Capito Lamborn Schmidt Granger Mica Tipton Grijalva Moran Walz (MN) Carter Lance Schock Graves (GA) Miller (FL) Turner (NY) Gutierrez Murphy (CT) Wasserman Chabot Lankford Scott (SC) Graves (MO) Miller (MI) Turner (OH) Hahn Nadler Schultz Chaffetz Latham Scott, Austin Green, Al Miller, Gary Upton Hanabusa Napolitano Waters Coble LaTourette Sensenbrenner Green, Gene Mulvaney Walberg Hastings (FL) Neal Watt Coffman (CO) Latta Sessions Griffin (AR) Murphy (PA) Walden Heinrich Olver Waxman Cole Lewis (CA) Shimkus Griffith (VA) Myrick Walsh (IL) Herrera Beutler Owens Welch Conaway Long Grimm Neugebauer Webster Shuster Higgins Pallone Whitfield Cravaack Lucas Guinta Noem West Simpson Himes Pascrell Wilson (FL) Crawford Luetkemeyer Guthrie Nugent Westmoreland Smith (NE) Hinchey Pastor (AZ) Wolf Crenshaw Lummis Hall Nunes Whitfield Smith (NJ) Hinojosa Paul Woolsey Denham Lungren, Daniel Hanna Olson Wilson (SC) Smith (TX) Hirono Payne Yarmuth Dent E. Harper Palazzo Wittman Southerland DesJarlais Mack Harris Paul Wolf Stearns ANSWERED ‘‘PRESENT’’—1 Diaz-Balart Manzullo Hartzler Paulsen Womack Stivers Dold Marchant Bishop (UT) Hastings (WA) Pearce Woodall Stutzman Dreier Marino Hayworth Pence Yoder Sullivan NOT VOTING—6 Duffy McCarthy (CA) Heck Petri Young (AK) Terry Costello Johnson, Sam Rivera Duncan (SC) McCaul Hensarling Pitts Young (FL) Thompson (PA) Culberson Reyes Stark Ellmers McClintock Herger Platts Young (IN) Thornberry Emerson McHenry Tiberi b 1836 Farenthold McKeon NOT VOTING—9 Tipton Fincher McKinley Buerkle Nunnelee Reyes So the bill was passed. Flake McMorris Turner (NY) Culberson Olver Rivera The result of the vote was announced Fleischmann Rodgers Turner (OH) Johnson, Sam Pelosi Stark Fleming Meehan Upton as above recorded. Walberg b 1828 Flores Mica A motion to reconsider was laid on Forbes Miller (FL) Walden the table. Mr. HALL, Mrs. BACHMANN, Messrs. Fortenberry Miller (MI) Webster CANTOR, COFFMAN of Colorado, Foxx Miller, Gary West f Westmoreland GARY G. MILLER of California, Franks (AZ) Mulvaney Frelinghuysen Murphy (PA) Wilson (SC) CONFERENCE REPORT ON H.R. 4310, SMITH of Texas, GARRETT, REED, Gallegly Myrick Wittman NATIONAL DEFENSE AUTHORIZA- BACHUS, and BILIRAKIS changed Gardner Neugebauer Womack TION ACT FOR FISCAL YEAR 2013 their vote from ‘‘yea’’ to ‘‘nay.’’ Garrett Noem Woodall Ms. WASSERMAN SCHULTZ, Gerlach Nugent Yoder The SPEAKER pro tempore. The un- Gibbs Nunes Young (AK) finished business is the question on Messrs. LEVIN and POLIS changed Gingrey (GA) Nunnelee Young (FL) their vote from ‘‘nay’’ to ‘‘yea.’’ Goodlatte Olson Young (IN) adoption of the conference report on So the motion to recommit was re- the bill (H.R. 4310) to authorize appro- NAYS—209 jected. priations for fiscal year 2013 for mili- The result of the vote was announced Ackerman Becerra Brady (PA) tary activities of the Department of Altmire Berkley Braley (IA) as above recorded. Amash Berman Broun (GA) Defense, for military construction, and The SPEAKER pro tempore. The Andrews Bishop (GA) Brown (FL) for defense activities of the Depart- question is on the passage of the bill. Baca Bishop (NY) Butterfield ment of Energy, to prescribe military The question was taken; and the Baldwin Blumenauer Capps personnel strengths for such fiscal Barber Bonamici Capuano Speaker pro tempore announced that Barrow Boren Carnahan year, and for other purposes, on which the ayes appeared to have it. Bass (CA) Boswell Carney the yeas and nays were ordered.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7413 The Clerk read the title of the bill. Schilling Smith (WA) Walden the gentleman from Florida (Mr. MIL- Schmidt Southerland Walz (MN) LER) that the House suspend the rules The SPEAKER pro tempore. The Schock Speier Wasserman question is on the conference report. Schrader Stearns Schultz and pass the bill. This will be a 5-minute vote. Schwartz Stivers Waxman The question was taken. Scott (SC) Stutzman Webster The SPEAKER pro tempore. In the The vote was taken by electronic de- Scott (VA) Sullivan West opinion of the Chair, two-thirds being vice, and there were—yeas 315, nays Scott, Austin Sutton Westmoreland Scott, David Terry 107, not voting 9, as follows: Whitfield in the affirmative, the ayes have it. Sessions Thompson (MS) Wilson (FL) Mr. CASSIDY. Mr. Speaker, on that I [Roll No. 645] Sewell Thompson (PA) Wilson (SC) demand the yeas and nays. YEAS—315 Sherman Thornberry Shimkus Tiberi Wittman The yeas and nays were ordered. Adams Dreier Levin Shuler Tipton Wolf The SPEAKER pro tempore. This Aderholt Duffy Lewis (CA) Womack Shuster Towns will be a 5-minute vote. Akin Duncan (SC) Lipinski Simpson Tsongas Woodall Alexander Ellmers LoBiondo Sires Turner (NY) Yoder The vote was taken by electronic de- Altmire Emerson Long Smith (NE) Turner (OH) Young (AK) vice, and there were—yeas 421, nays 1, Amodei Engel Lowey Smith (NJ) Upton Young (FL) not voting 9, as follows: Andrews Eshoo Lucas Smith (TX) Visclosky Young (IN) Austria Farenthold Luetkemeyer [Roll No. 646] ´ NAYS—107 Baca Fincher Lujan YEAS—421 Bachus Fitzpatrick Lungren, Daniel Ackerman Hahn Nadler Ackerman Coble Griffin (AR) Barber Flake E. Amash Hall Napolitano Adams Coffman (CO) Griffith (VA) Barletta Fleischmann Manzullo Bachmann Harris Neal Aderholt Cohen Grijalva Barrow Fleming Marino Baldwin Himes Nugent Akin Cole Grimm Bartlett Flores Matheson Bass (CA) Hinchey Olver Alexander Conaway Guinta Barton (TX) Forbes McCarthy (CA) Becerra Honda Pallone Altmire Connolly (VA) Guthrie Bass (NH) Foxx McCarthy (NY) Blumenauer Huelskamp Paul Amash Conyers Gutierrez Benishek Franks (AZ) McCaul Boswell Johnson (GA) Payne Amodei Cooper Hahn Berg Frelinghuysen McHenry Braley (IA) Johnson (IL) Pelosi Andrews Costa Hall Berman Fudge McIntyre Campbell Jones Peters Austria Costello Hanabusa Biggert Gallegly McKeon Capuano Kind Pingree (ME) Baca Cravaack Hanna Bilbray Garamendi McKinley Carney Kucinich Polis Bachmann Crawford Harper Bilirakis Gardner McMorris Carson (IN) Labrador Quigley Bachus Crenshaw Harris Bishop (GA) Garrett Rodgers Chu Landry Rangel Baldwin Critz Hartzler Bishop (NY) Gerlach McNerney Clarke (MI) Latham Ribble Barber Crowley Hastings (FL) Bishop (UT) Gibbs Meehan Clarke (NY) Lee (CA) Roe (TN) Barletta Cuellar Hastings (WA) Black Gingrey (GA) Meeks Cohen Lewis (GA) Rush Barrow Cummings Hayworth Blackburn Gohmert Mica Conyers Loebsack Sarbanes Bartlett Curson (MI) Heck Bonamici Gonzalez Miller (FL) Crowley Lofgren, Zoe Schakowsky Barton (TX) Davis (CA) Heinrich Bonner Goodlatte Miller (MI) Davis (IL) Lummis Bass (CA) Davis (IL) Hensarling Bono Mack Gowdy Miller, Gary DeGette Lynch Schweikert Bass (NH) DeFazio Herger Boren Granger Moran DeLauro Mack Sensenbrenner Becerra DeGette Herrera Beutler Boustany Graves (MO) Mulvaney DesJarlais Maloney Serrano Benishek DeLauro Higgins Brady (PA) Green, Al Murphy (PA) Doyle Marchant Slaughter Berg DelBene Himes Brady (TX) Green, Gene Myrick Duncan (TN) Markey Thompson (CA) Berkley Denham Hinchey Brooks Griffin (AR) Neugebauer Edwards Massie Tierney Berman Dent Hinojosa Broun (GA) Grimm Noem Ellison Matsui Tonko Biggert DesJarlais Hirono Brown (FL) Guinta Nunes Farr McClintock Van Hollen Bilbray Deutch Hochul Buchanan Guthrie Nunnelee Fattah McCollum Vela´ zquez Bilirakis Diaz-Balart Holden Bucshon Hanabusa Olson Frank (MA) McDermott Walberg Bishop (GA) Dingell Holt Buerkle Hanna Owens Gibson McGovern Walsh (IL) Bishop (NY) Doggett Honda Burgess Harper Palazzo Gosar Michaud Waters Bishop (UT) Dold Hoyer Butterfield Hartzler Pascrell Graves (GA) Miller (NC) Watt Black Donnelly (IN) Huelskamp Calvert Hastings (FL) Pastor (AZ) Griffith (VA) Miller, George Welch Blackburn Doyle Huizenga (MI) Camp Hastings (WA) Paulsen Grijalva Moore Woolsey Blumenauer Dreier Hultgren Canseco Hayworth Pearce Gutierrez Murphy (CT) Yarmuth Cantor Heck Pence Bonamici Duffy Hunter Capito Heinrich Perlmutter NOT VOTING—9 Bonner Duncan (SC) Hurt Bono Mack Duncan (TN) Israel Capps Hensarling Peterson Berkley Fortenberry Rivera Boren Edwards Issa Carnahan Herger Petri Burton (IN) Johnson, Sam Roybal-Allard Boswell Ellison Jackson Lee Carter Herrera Beutler Pitts Culberson Reyes Stark Cassidy Higgins Platts Boustany Ellmers (TX) Castor (FL) Hinojosa Poe (TX) b 1843 Brady (PA) Engel Jenkins Chabot Hirono Pompeo Brady (TX) Eshoo Johnson (GA) Chaffetz Hochul Posey So the conference report was agreed Braley (IA) Farenthold Johnson (IL) Chandler Holden Price (GA) to. Brooks Farr Johnson (OH) Cicilline Holt Price (NC) The result of the vote was announced Broun (GA) Fattah Johnson, E. B. Clay Hoyer Quayle as above recorded. Brown (FL) Fincher Jones Cleaver Huizenga (MI) Rahall Buchanan Fitzpatrick Jordan Clyburn Hultgren Reed A motion to reconsider was laid on Bucshon Flake Kaptur Coble Hunter Rehberg the table. Buerkle Fleischmann Keating Coffman (CO) Hurt Reichert Stated against: Burgess Fleming Kelly Cole Israel Renacci Mr. KING of Iowa. Mr. Speaker, this evening Burton (IN) Flores Kildee Conaway Issa Richardson on rollcall No. 645, the Conference Report for Butterfield Forbes Kind Connolly (VA) Jackson Lee Richmond Calvert Fortenberry King (IA) Cooper (TX) Rigell the National Defense Authorization Act for Fis- Camp Foxx King (NY) Costa Jenkins Roby cal Year 2013, I intended to vote ‘‘no’’ but mis- Campbell Frank (MA) Kingston Costello Johnson (OH) Rogers (AL) takenly cast a ‘‘yes’’ vote. Canseco Franks (AZ) Kinzinger (IL) Courtney Johnson, E. B. Rogers (KY) Cantor Frelinghuysen Kissell Cravaack Jordan Rogers (MI) f Capito Fudge Kline Crawford Kaptur Rohrabacher MANN-GRANDSTAFF DEPARTMENT Capps Gallegly Kucinich Crenshaw Keating Rokita Capuano Garamendi Labrador Critz Kelly Rooney OF VETERANS AFFAIRS MED- Carnahan Gardner Lamborn Cuellar Kildee Ros-Lehtinen ICAL CENTER Carney Garrett Lance Cummings King (IA) Roskam Carson (IN) Gerlach Landry Curson (MI) King (NY) Ross (AR) The SPEAKER pro tempore. The un- Carter Gibbs Langevin Davis (CA) Kingston Ross (FL) finished business is the question on Cassidy Gibson Lankford DeFazio Kinzinger (IL) Rothman (NJ) suspending the rules and passing the Castor (FL) Gingrey (GA) Larsen (WA) DelBene Kissell Royce bill (H.R. 3197) to name the Department Chabot Gohmert Larson (CT) Denham Kline Runyan Chaffetz Gonzalez Latham Dent Lamborn Ruppersberger of Veterans Affairs medical center in Chandler Goodlatte LaTourette Deutch Lance Ryan (OH) Spokane, Washington, as the ‘‘Mann- Chu Gosar Latta Diaz-Balart Langevin Ryan (WI) Grandstaff Department of Veterans Af- Cicilline Gowdy Lee (CA) Dicks Lankford Sa´ nchez, Linda fairs Medical Center’’. Clarke (MI) Granger Levin Dingell Larsen (WA) T. Clarke (NY) Graves (GA) Lewis (CA) Doggett Larson (CT) Sanchez, Loretta The Clerk read the title of the bill. Clay Graves (MO) Lewis (GA) Dold LaTourette Scalise The SPEAKER pro tempore. The Cleaver Green, Al Lipinski Donnelly (IN) Latta Schiff question is on the motion offered by Clyburn Green, Gene LoBiondo

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7414 CONGRESSIONAL RECORD — HOUSE December 20, 2012 Loebsack Payne Sensenbrenner The SPEAKER pro tempore. The Lankford Olver Scott (SC) Lofgren, Zoe Pearce Serrano question is on the motion offered by Larsen (WA) Owens Scott (VA) Long Pelosi Sessions Larson (CT) Palazzo Scott, Austin Lowey Pence Sewell the gentleman from Florida (Mr. MIL- Latham Pallone Scott, David Lucas Perlmutter Sherman LER) that the House suspend the rules LaTourette Pascrell Sensenbrenner Luetkemeyer Peters Shimkus and pass the bill. Latta Pastor (AZ) Serrano Luja´ n Peterson Shuler Lee (CA) Paul The question was taken. Sessions Lummis Petri Shuster Levin Paulsen Sewell Lungren, Daniel Pingree (ME) Simpson The SPEAKER pro tempore. In the Lewis (CA) Payne Sherman E. Pitts Sires opinion of the Chair, two-thirds being Lewis (GA) Pearce Shimkus Lynch Platts Slaughter Lipinski Pelosi Shuler Mack Poe (TX) Smith (NE) in the affirmative, the ayes have it. LoBiondo Pence Shuster Maloney Polis Smith (NJ) Mr. HUIZENGA of Michigan. Mr. Loebsack Perlmutter Simpson Marchant Pompeo Smith (TX) Lofgren, Zoe Peters Speaker, on that I demand the yeas Sires Marino Posey Smith (WA) Long Peterson Slaughter Markey Price (GA) Southerland and nays. Lowey Petri Smith (NE) Massie Price (NC) Speier The yeas and nays were ordered. Lucas Pingree (ME) Matheson Quayle Stearns Luetkemeyer Pitts Smith (NJ) The SPEAKER pro tempore. This Smith (TX) Matsui Quigley Stivers will be a 5-minute vote. Luja´ n Platts McCarthy (CA) Rahall Stutzman Lummis Poe (TX) Smith (WA) McCarthy (NY) Rangel Sullivan The vote was taken by electronic de- Lungren, Daniel Polis Southerland McCaul Reed Sutton vice, and there were—yeas 422, nays 0, E. Pompeo Speier McClintock Rehberg Terry not voting 9, as follows: Lynch Posey Stearns McCollum Reichert Thompson (CA) Mack Price (GA) Stivers McDermott Renacci Thompson (MS) [Roll No. 647] Maloney Price (NC) Stutzman McGovern Ribble Thompson (PA) YEAS—422 Manzullo Quayle Sullivan McHenry Richardson Thornberry Marchant Quigley Sutton McIntyre Richmond Tiberi Ackerman Clarke (NY) Goodlatte Marino Rahall Terry McKeon Roby Tierney Adams Clay Gosar Markey Rangel Thompson (CA) McKinley Roe (TN) Tipton Aderholt Cleaver Gowdy Massie Reed Thompson (MS) McMorris Rogers (AL) Tonko Akin Clyburn Granger Matheson Rehberg Thompson (PA) Rodgers Rogers (KY) Towns Alexander Coble Graves (GA) Matsui Reichert Thornberry McNerney Rogers (MI) Tsongas Altmire Coffman (CO) Graves (MO) McCarthy (CA) Renacci Tiberi Meehan Rohrabacher Turner (NY) Amash Cohen Green, Al McCarthy (NY) Ribble Tierney Meeks Rokita Turner (OH) Amodei Cole Green, Gene McCaul Richardson Tipton Mica Rooney Upton Andrews Conaway Griffin (AR) McClintock Richmond Tonko Michaud Ros-Lehtinen Van Hollen Austria Connolly (VA) Griffith (VA) McCollum Rigell Towns Baca Conyers Grijalva Miller (FL) Roskam Vela´ zquez McDermott Roby Tsongas Bachmann Cooper Grimm Miller (MI) Ross (AR) Visclosky McGovern Roe (TN) Turner (NY) Bachus Costa Guinta Miller (NC) Ross (FL) Walberg McHenry Rogers (AL) Turner (OH) Baldwin Costello Guthrie Miller, Gary Rothman (NJ) Walden McIntyre Rogers (KY) Upton Barber Cravaack Gutierrez Miller, George Roybal-Allard Walsh (IL) McKeon Rogers (MI) Van Hollen Barletta Crawford Hahn Moore Royce Walz (MN) McKinley Rohrabacher Vela´ zquez Moran Runyan Wasserman Barrow Crenshaw Hall McMorris Rokita Bartlett Critz Hanabusa Visclosky Mulvaney Ruppersberger Schultz Rodgers Rooney Walberg Murphy (CT) Rush Waters Barton (TX) Crowley Hanna McNerney Ros-Lehtinen Bass (CA) Cuellar Harper Walden Murphy (PA) Ryan (OH) Watt Meehan Roskam Walsh (IL) Myrick Ryan (WI) Waxman Bass (NH) Cummings Harris Meeks Ross (AR) Walz (MN) Nadler Sa´ nchez, Linda Webster Becerra Curson (MI) Hartzler Mica Ross (FL) Wasserman Napolitano T. Welch Benishek Davis (CA) Hastings (FL) Michaud Rothman (NJ) Schultz Neal Sanchez, Loretta West Berg Davis (IL) Hastings (WA) Miller (FL) Roybal-Allard Waters Neugebauer Sarbanes Westmoreland Berkley DeFazio Hayworth Miller (MI) Royce Watt Noem Scalise Whitfield Berman DeGette Heck Miller (NC) Runyan Webster Nugent Schakowsky Wilson (FL) Biggert DeLauro Heinrich Miller, Gary Ruppersberger Nunes Schiff Wilson (SC) Bilbray DelBene Hensarling Miller, George Rush Welch Nunnelee Schilling Wittman Bilirakis Denham Herger Moore Ryan (OH) West Olson Schmidt Wolf Bishop (GA) Dent Herrera Beutler Moran Ryan (WI) Westmoreland Olver Schock Womack Bishop (NY) DesJarlais Higgins Mulvaney Sa´ nchez, Linda Whitfield Owens Schrader Woodall Bishop (UT) Deutch Himes Murphy (CT) T. Wilson (FL) Palazzo Schwartz Woolsey Black Diaz-Balart Hinchey Murphy (PA) Sanchez, Loretta Wilson (SC) Pallone Schweikert Yarmuth Blackburn Dingell Hinojosa Myrick Sarbanes Wittman Pascrell Scott (SC) Yoder Blumenauer Doggett Hirono Nadler Scalise Wolf Pastor (AZ) Scott (VA) Young (AK) Bonamici Dold Hochul Napolitano Schakowsky Womack Paul Scott, Austin Young (FL) Bonner Donnelly (IN) Holden Neal Schiff Woodall Paulsen Scott, David Young (IN) Bono Mack Doyle Holt Neugebauer Schilling Woolsey Boren Dreier Honda Noem Schmidt Yarmuth NAYS—1 Boswell Duffy Hoyer Nugent Schock Yoder Rigell Boustany Duncan (SC) Huelskamp Nunes Schrader Young (AK) Brady (PA) Duncan (TN) Huizenga (MI) Nunnelee Schwartz Young (FL) NOT VOTING—9 Brady (TX) Edwards Hultgren Olson Schweikert Young (IN) Braley (IA) Ellison Hunter Courtney Emerson Reyes Brooks Ellmers Hurt NOT VOTING—9 Culberson Johnson, Sam Rivera Broun (GA) Engel Israel Dicks Manzullo Stark Courtney Emerson Rivera Brown (FL) Eshoo Issa Culberson Johnson, Sam Stark b 1850 Buchanan Farenthold Jackson Lee Dicks Reyes Waxman Bucshon Farr (TX) So (two-thirds being in the affirma- Buerkle Fattah Jenkins b 1857 tive) the rules were suspended and the Burgess Fincher Johnson (GA) bill was passed. Burton (IN) Fitzpatrick Johnson (IL) So (two-thirds being in the affirma- Butterfield Flake Johnson (OH) tive) the rules were suspended and the The result of the vote was announced Calvert Fleischmann Johnson, E. B. as above recorded. Camp Fleming Jones bill was passed. A motion to reconsider was laid on Campbell Flores Jordan The result of the vote was announced Canseco Forbes Kaptur the table. as above recorded. Cantor Fortenberry Keating A motion to reconsider was laid on f Capito Foxx Kelly Capps Frank (MA) Kildee the table. WILLIAM ‘‘BILL’’ KLING VA CLINIC Capuano Franks (AZ) Kind Carnahan Frelinghuysen King (IA) f The SPEAKER pro tempore. The un- Carney Fudge King (NY) finished business is the question on Carson (IN) Gallegly Kingston MT. ANDREA LAWRENCE suspending the rules and passing the Carter Garamendi Kinzinger (IL) DESIGNATION ACT OF 2011 Cassidy Gardner Kissell bill (H.R. 6443) to designate the facility Castor (FL) Garrett Kline The SPEAKER pro tempore. The un- of the Department of Veterans Affairs Chabot Gerlach Kucinich finished business is the question on located at 9800 West Commercial Bou- Chaffetz Gibbs Labrador suspending the rules and passing the levard in Sunrise, Florida, as the ‘‘Wil- Chandler Gibson Lamborn bill (S. 925) to designate Mt. Andrea Chu Gingrey (GA) Lance liam ‘Bill’ Kling VA Clinic’’. Cicilline Gohmert Landry Lawrence. The Clerk read the title of the bill. Clarke (MI) Gonzalez Langevin The Clerk read the title of the bill.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7415 The SPEAKER pro tempore. The Latta Owens Scott (SC) Accordingly (at 7 o’clock and 6 min- question is on the motion offered by Lee (CA) Palazzo Scott (VA) utes p.m.), the House stood in recess. Levin Pallone Scott, David the gentleman from Washington (Mr. Lewis (CA) Pascrell Sensenbrenner f HASTINGS) that the House suspend the Lewis (GA) Pastor (AZ) Sessions rules and pass the bill. Lipinski Paul Sewell b 2101 LoBiondo Paulsen Sherman The question was taken. Loebsack Payne Shimkus AFTER RECESS The SPEAKER pro tempore. In the Lofgren, Zoe Pearce Shuler opinion of the Chair, two-thirds being Long Pelosi Shuster The recess having expired, the House in the affirmative, the ayes have it. Lowey Pence Simpson was called to order by the Speaker pro Lucas Perlmutter Sires tempore (Mr. GARDNER) at 9 o’clock Mr. HUIZENGA of Michigan. Mr. Luetkemeyer Peters Slaughter and 1 minute p.m. Speaker, on that I demand the yeas Luja´ n Peterson Smith (NE) Lummis Petri Smith (NJ) f and nays. Lungren, Daniel Pingree (ME) The yeas and nays were ordered. Smith (TX) E. Pitts Smith (WA) PROVIDING FOR THE APPOINT- Lynch Platts The SPEAKER pro tempore. This Southerland MENT OF BARBARA BARRETT AS will be a 5-minute vote. Mack Poe (TX) Speier Maloney Polis A CITIZEN REGENT OF THE The vote was taken by electronic de- Stearns Manzullo Pompeo Stivers BOARD OF REGENTS OF THE vice, and there were—yeas 408, nays 7, Marchant Posey Stutzman Marino Price (GA) SMITHSONIAN INSTITUTION not voting 16, as follows: Sullivan Massie Price (NC) Sutton Mr. LATOURETTE. Mr. Speaker, I [Roll No. 648] Matheson Quayle Terry Matsui Quigley ask unanimous consent that the Com- YEAS—408 Thompson (CA) McCarthy (CA) Rahall mittee on House Administration be dis- Thompson (MS) Ackerman Clyburn Granger McCarthy (NY) Rangel Thompson (PA) charged from further consideration of Adams Coble Graves (GA) McCaul Rehberg Thornberry Senate Joint Resolution 49, and ask for Aderholt Coffman (CO) Graves (MO) McClintock Renacci Tiberi Akin Cohen Green, Al McCollum Ribble its immediate consideration in the Tierney Alexander Cole Green, Gene McDermott Richardson House. Tipton Altmire Conaway Griffin (AR) McGovern Richmond The Clerk read the title of the joint Amodei Connolly (VA) Griffith (VA) McHenry Rigell Tonko Andrews Conyers Grimm McIntyre Roby Towns resolution. Austria Cooper Guinta McKeon Roe (TN) Tsongas The SPEAKER pro tempore. Is there Baca Costa Guthrie McKinley Rogers (AL) Turner (NY) objection to the request of the gen- Bachmann Costello Gutierrez Turner (OH) McMorris Rogers (KY) tleman from Ohio? Bachus Cravaack Hahn Rodgers Rogers (MI) Upton Baldwin Crawford Hall McNerney Rohrabacher Van Hollen There was no objection. ´ Barber Crenshaw Hanabusa Meehan Rokita Velazquez The text of the joint resolution is as Barletta Critz Hanna Meeks Rooney Visclosky follows: Barrow Crowley Harper Mica Ros-Lehtinen Walberg Bartlett Cuellar Harris Michaud Roskam Walden S.J. RES. 49 Barton (TX) Culberson Hartzler Miller (FL) Ross (AR) Walz (MN) Resolved by the Senate and House of Rep- Bass (NH) Cummings Hastings (FL) Miller (MI) Ross (FL) Wasserman resentatives of the United States of America in Becerra Curson (MI) Hastings (WA) Miller (NC) Rothman (NJ) Schultz Benishek Davis (CA) Hayworth Watt Congress assembled, That in accordance with Miller, Gary Roybal-Allard section 5581 of the Revised Statutes of the Berg Davis (IL) Heck Miller, George Royce Waxman Berkley DeFazio Heinrich Moore Runyan Webster United States (20 U.S.C. 43), the vacancy on Berman DeGette Hensarling Moran Ruppersberger Welch the Board of Regents of the Smithsonian In- Biggert DeLauro Herger Mulvaney Ryan (OH) West stitution, in the class other than Members of Bilbray DelBene Herrera Beutler Murphy (CT) Ryan (WI) Westmoreland Congress, occurring by reason of the expira- Bilirakis Denham Higgins Murphy (PA) Sa´ nchez, Linda Whitfield tion of the term of Alan Spoon of Massachu- Bishop (GA) Dent Himes Myrick T. Wilson (FL) setts on May 5, 2012, is filled by the appoint- Bishop (NY) DesJarlais Hinchey Wilson (SC) Nadler Sanchez, Loretta ment of Barbara Barrett of Arizona. The ap- Bishop (UT) Deutch Hinojosa Napolitano Sarbanes Wittman Black Diaz-Balart Hirono Neal Scalise Wolf pointment is for a term of 6 years, beginning Blackburn Dingell Hochul Neugebauer Schakowsky Womack on the later of May 5, 2012, or the date of the Blumenauer Doggett Holden Noem Schiff Woodall enactment of this joint resolution. Bonamici Dold Holt Nugent Schilling Woolsey Bonner Donnelly (IN) Hoyer Nunes Schmidt Yarmuth The joint resolution was ordered to Bono Mack Doyle Huelskamp Nunnelee Schrader Yoder be read a third time, was read the third Boren Dreier Huizenga (MI) Olson Schwartz Young (FL) time, and passed, and a motion to re- Boswell Duffy Hultgren Olver Schweikert Young (IN) Boustany Duncan (SC) Hunter consider was laid on the table. Brady (PA) Duncan (TN) Hurt NAYS—7 f Brady (TX) Edwards Israel Amash Reed Young (AK) Braley (IA) Ellison Issa Campbell Walsh (IL) HOUR OF MEETING ON TOMORROW Brooks Ellmers Jackson Lee Flores Waters Broun (GA) Engel (TX) Mr. LATOURETTE. Mr. Speaker, I Brown (FL) Eshoo Jenkins NOT VOTING—16 ask unanimous consent that when the Buchanan Farenthold Johnson (GA) Bass (CA) Johnson, Sam Schock Bucshon Farr Johnson (IL) House adjourns today, it adjourn to Courtney Markey Buerkle Fattah Johnson (OH) Scott, Austin meet at 2 p.m. tomorrow. Dicks Reichert Burgess Fincher Johnson, E. B. Serrano Emerson Reyes The SPEAKER pro tempore. Is there Burton (IN) Fitzpatrick Jones Stark Grijalva Rivera objection to the request of the gen- Butterfield Flake Jordan Honda Rush Calvert Fleischmann Kaptur tleman from Ohio? Camp Fleming Keating There was no objection. Canseco Forbes Kelly b 1903 f Cantor Fortenberry Kildee So (two-thirds being in the affirma- Capito Foxx Kind Capps Frank (MA) King (IA) tive) the rules were suspended and the COMMUNICATION FROM THE Capuano Franks (AZ) King (NY) bill was passed. CLERK OF THE HOUSE Carnahan Frelinghuysen Kingston The result of the vote was announced Carney Fudge Kinzinger (IL) The SPEAKER pro tempore laid be- Carson (IN) Gallegly Kissell as above recorded. fore the House the following commu- Carter Garamendi Kline A motion to reconsider was laid on nication from the Clerk of the House of Cassidy Gardner Kucinich the table. Castor (FL) Garrett Labrador Representatives: Chabot Gerlach Lamborn f OFFICE OF THE CLERK, Chaffetz Gibbs Lance HOUSE OF REPRESENTATIVES, Chandler Gibson Landry RECESS Washington, DC, December 20, 2012. Chu Gingrey (GA) Langevin Hon. JOHN A. BOEHNER, Cicilline Gohmert Lankford The SPEAKER pro tempore. Pursu- The Speaker, House of Representatives, Wash- Clarke (MI) Gonzalez Larsen (WA) ant to clause 12(a) of rule I, the Chair Clarke (NY) Goodlatte Larson (CT) ington, DC. Clay Gosar Latham declares the House in recess subject to DEAR MR. SPEAKER: Pursuant to the per- Cleaver Gowdy LaTourette the call of the Chair. mission granted in Clause 2(h) of Rule II of

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7416 CONGRESSIONAL RECORD — HOUSE December 20, 2012 the Rules of the U.S. House of Representa- The Clerk read the title of the bill. the gentleman from Texas (Mr. tives, the Clerk received the following mes- The SPEAKER pro tempore. The FARENTHOLD) that the House suspend sage from the Secretary of Senate on Decem- question is on the motion offered by the rules and pass the bill. ber 20, 2012 at 7:44 p.m.: the gentleman from Texas (Mr. The question was taken; and (two- That the Senate agreed to without amend- ment H.J. Res. 122. FARENTHOLD) that the House suspend thirds being in the affirmative) the With best wishes, I am the rules and pass the bill. rules were suspended and the bill was Sincerely, The question was taken; and (two- passed. KAREN L. HAAS. thirds being in the affirmative) the A motion to reconsider was laid on f rules were suspended and the bill was the table. passed. f ANNOUNCEMENT BY THE SPEAKER A motion to reconsider was laid on PRO TEMPORE the table. POSTAL INSPECTOR TERRY ASBURY POST OFFICE BUILDING The SPEAKER pro tempore. Pursu- f ant to clause 8 of rule XX, proceedings The SPEAKER pro tempore. The un- will resume on motions to suspend the CECIL E. BOLT POST OFFICE finished business is the question on rules previously postponed. The SPEAKER pro tempore. The un- suspending the rules and passing the bill (H.R. 6587) to designate the facility f finished business is the question on suspending the rules and passing the of the United States Postal Service lo- MEDICARE IDENTITY THEFT bill (H.R. 4389) to designate the facility cated at 225 Simi Village Drive in Simi PREVENTION ACT OF 2012 of the United States Postal Service lo- Valley, California, as the ‘‘Postal In- The SPEAKER pro tempore. The un- cated at 19 East Merced Street in spector Terry Asbury Post Office finished business is the question on Fowler, California, as the ‘‘Cecil E. Building’’. suspending the rules and passing the Bolt Post Office’’. The Clerk read the title of the bill. bill (H.R. 1509) to amend title II of the The Clerk read the title of the bill. The SPEAKER pro tempore. The Social Security Act to prohibit the in- The SPEAKER pro tempore. The question is on the motion offered by clusion of Social Security account question is on the motion offered by the gentleman from Texas (Mr. numbers on Medicare cards, as amend- the gentleman from Texas (Mr. FARENTHOLD) that the House suspend ed. FARENTHOLD) that the House suspend the rules and pass the bill. The Clerk read the title of the bill. the rules and pass the bill. The question was taken; and (two- The SPEAKER pro tempore. The The question was taken; and (two- thirds being in the affirmative) the question is on the motion offered by thirds being in the affirmative) the rules were suspended and the bill was the gentleman from Texas (Mr. SAM rules were suspended and the bill was passed. JOHNSON) that the House suspend the passed. A motion to reconsider was laid on rules and pass the bill, as amended. A motion to reconsider was laid on the table. The question was taken; and (two- the table. f thirds being in the affirmative) the f FAREWELL TO CONGRESS rules were suspended and the bill, as amended, was passed. LIEUTENANT KENNETH M. The SPEAKER pro tempore. Under A motion to reconsider was laid on BALLARD MEMORIAL POST OF- the Speaker’s announced policy of Jan- the table. H.R. 1509. FICE uary 5, 2011, the gentleman from Ari- zona (Mr. FLAKE) is recognized for the The SPEAKER pro tempore. The un- f remaining time until 10 p.m. as the finished business is the question on designee of the majority leader. ELIZABETH L. KINNUNEN POST suspending the rules and passing the Mr. FLAKE. Mr. Speaker, I’ve been OFFICE BUILDING bill (H.R. 6260) to designate the facility putting off these remarks for a few of the United States Postal Service lo- The SPEAKER pro tempore. The un- weeks now. The truth is I’ve been re- cated at 211 Hope Street in Mountain finished business is the question on luctant to deliver my final speech on View, California, as the ‘‘Lieutenant suspending the rules and passing the the House floor. This has been my Kenneth M. Ballard Memorial Post Of- bill (H.R. 3378) to designate the facility home away from home for the past fice’’. of the United States Postal Service lo- dozen years, and it’s tough to say good- The Clerk read the title of the bill. cated at 220 Elm Avenue in Munising, bye to friends and colleagues. The SPEAKER pro tempore. The Michigan, as the ‘‘Elizabeth L. When I’m asked what I enjoy most question is on the motion offered by Kinnunen Post Office Building’’. about this place, I respond without hes- the gentleman from Texas (Mr. The Clerk read the title of the bill. itation: it’s the give and take on the FARENTHOLD) that the House suspend The SPEAKER pro tempore. The House floor. To be sure, much of what the rules and pass the bill. question is on the motion offered by is said here is scripted with Members of The question was taken; and (two- the gentleman from Texas (Mr. both parties playing their designated thirds being in the affirmative) the FARENTHOLD) that the House suspend role. Too often, talking points serve as rules were suspended and the bill was the rules and pass the bill. literary guardrails. But every so often, passed. The question was taken; and (two- genuine debate breaks out. Sponta- A motion to reconsider was laid on thirds being in the affirmative) the neous points are made, Members are the table. rules were suspended and the bill was persuaded, and minds are changed. This passed. f frequently happens late at night when A motion to reconsider was laid on Members are less concerned about the table. REPRESENTATIVE CURTIS B. INABINETT, SR. POST OFFICE whether folks are watching at home. I f wish more people would tune in during The SPEAKER pro tempore. The un- such nonscripted discussions. It rep- SIDNEY ‘‘SID’’ SANDERS MCMATH finished business is the question on POST OFFICE BUILDING resents Congress at its best. suspending the rules and passing the My first 6 years here were spent in The SPEAKER pro tempore. The un- bill (H.R. 6379) to designate the facility the majority, followed by 4 years in the finished business is the question on of the United States Postal Service lo- minority, then 2 years again in the ma- suspending the rules and passing the cated at 6239 Savannah Highway in jority. bill (H.R. 3869) to designate the facility Ravenel, South Carolina, as the ‘‘Rep- of the United States Postal Service lo- resentative Curtis B. Inabinett, Sr. b 2110 cated at 600 East Capitol Avenue in Post Office’’. Having experienced both, I can tell Little Rock, Arkansas, as the ‘‘Sidney The Clerk read the title of the bill. you that I prefer the majority. But ei- ‘Sid’ Sanders McMath Post Office The SPEAKER pro tempore. The ther party holding the reins of power Building’’. question is on the motion offered by should recognize that their grasp is

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7417 tenuous, and that’s a good thing. Both ient system of government that we each and every day cheerfully on behalf parties benefit by taking turns in the have here, designed to withstand the of the founding principles of this Na- wilderness every now and then. foibles of men, including yours truly. tion, standing for a strong national de- Over the past 12 years I’ve offered May God continue to bless the United fense, for limited government, for eco- hundreds of amendments, privileged States of America, and may He be ever nomic freedom and for the moral foun- resolutions, and points of order in this mindful of this great and honorable in- dations of this Nation, you know who Chamber. These offerings, most of stitution, the House of Representa- you are, and we will take you from this which were to curb spending, were not tives, the people’s House. place in our hearts always. always successful. In fact, the vast ma- Mr. Speaker, for the last time, I yield You know, there’s a saying back jority of these offerings resulted in far back the balance of my time. home that when you see a turtle on a more red marks next to Members’ f fence post, one thing you know for sure names than green marks up on the wall is he didn’t get there on his own. And PAYING A DEBT OF GRATITUDE above me. But I like to think that we, so lastly, what I want to do tonight, over time, made a difference, and that The SPEAKER pro tempore. Under Mr. Speaker, is really pay a debt of this institution is better for it. the Speaker’s announced policy of Jan- gratitude to the best congressional In addition to my own capable staff, uary 5, 2011, the Chair recognizes the staff in American history, the men and both here and in Arizona, I want to gentleman from Indiana (Mr. PENCE) women who have served our efforts in thank those who staff this Chamber, for the remaining time until 10 p.m. as this city and at home in Indiana for from the floor staff who answer to lead- the designee of the majority leader. the past 12 years. ership on both sides of the aisle, to the Mr. PENCE. Mr. Speaker, it is an I leave this body truly humbled when clerks, to the stenographers, to the honor to rise for what will be my last I look back at the caliber of the staff parliamentarians who keep us oper- time speaking as a Member of the that we’ve been able to call to this mis- ating within the rules, to the cloak- United States House of Representa- sion, servant leaders, all. They are men room staff who keep us fed and remind tives. The people of Indiana have given and women who approached each and us when to vote. I’ve found that there me a new assignment. But I rise to- every day with a servant’s heart, made resides in all of these individuals an night to pay a debt of gratitude to all sacrifices over the years in order to abiding love and a deep respect for this those who gave me the privilege to serve the people of Indiana with integ- institution. serve in this place. rity and energy. Most of all, I want to thank my fam- As a boy, I dreamed of someday rep- Names like Bill Smith and Lani ily—my wife Cheryl and my five chil- resenting my hometown in our Na- Czarniecki, Jennifer Pavlik and Josh dren, Ryan, Alexis, Austin, Tanner, and tion’s Capital. And 12 years ago, the Pitcock, Matt Lloyd and Paul Teller, Dallin. They have been supportive, pa- people of the Sixth Congressional Dis- Marc Short, Brian Neale and Ryan tient, and long-suffering in dealing trict made that dream a reality, and so Jarmula, just to name a few. with a schedule that is anything but I begin tonight by simply saying thank b 2120 family friendly. Thank you. you to all of them for letting me live Finally, I want to thank the good that dream in these past 12 years, to I don’t really have time tonight to people of Arizona, who, perhaps against come to this place again and again and name all the men and women who’ve their better judgment, have sent me to be some small part of the story of served us in various capacities over here six times to represent them. I will this institution and America’s story. these last 12 years. Before I yield the floor for the last be forever grateful. My only ambition in Congress has time, let me close simply by speaking a So now I head through the rotunda been to look after my family and keep word of confidence and one more word and into the other Chamber, the Sen- my word to the people that sent me of gratitude. ate, better known to this body as here, to let my yes be yes and my no be Some people look on Washington, enemy territory. I’ve used that phrase no. And it is my hope that as people re- D.C., and they’re rightly frustrated. many times myself, for which I will view the totality of my record and my Some people come to this Nation’s Cap- have to now repent. But at least my life, they’ll see that we’ve done just ital and lose their idealism. I’m not penance will be practiced during a 6- that. such a person. When I walk out of this year term. But there are those to thank tonight Capitol for the last time, I will leave A few weeks ago the 12 newly elected that made that possible, and that’s here with my idealism in tact. I will Senate freshmen were invited to the what brings me to this task this continue to believe, as our Founders National Archives. Before our meal we evening. did, that we are one Nation under God, were taken to the legislative vault, First, permit me to give thanks to rich with a purpose yet to be fulfilled. where we viewed the original signed God, whose grace and mercy has sus- No matter how dark the day may seem, copy of the first bill enacted by Con- tained us every day that we have we can be confident when we stand for gress, as well as other landmark pieces served the people of Indiana in this freedom and we do freedom’s work. Be- of legislation and memorabilia. Oaths place. cause freedom is not just our story, it’s of allegiance signed by Revolutionary Next, and on this earth most of all, I His story. And when we stand for free- War soldiers, witnessed by General rise to honor and thank my beloved dom, however imperfectly, we make Washington, documents and artifacts wife, Karen Pence, whose love, whose support, whose sacrifice, patience and His work on this Earth our own. related to the Civil War, segregation, In the words of the poet, I depart this kindness, have made all that I have and women’s suffrage were also on place by saying: hand. done in the service of the people of In- The woods are lovely dark and deep, It was an affirmation of the tumul- diana and this place possible. Thanks But I have promises to keep, tuous seas through which our ship of for believing in me. I love you, and I’ll And miles to go before I sleep, state has sailed for more than 200 see you home. And miles to go before I sleep. years. We have had many brilliant and To our children, Michael, Charlotte I say to my colleagues and friends inspired individuals at the helm and and Audrey, they were 6, 7, and 8 when and neighbors in Indiana, my duties trimming the sails along the way. I first arrived in this place and stood take me elsewhere, but wherever provi- We’ve also had personalities ranging on this floor with my right hand raised dence leads this Nation, let us ever re- from mediocre to malevolent, but our 12 years ago. They’re now 18, 19, and 21. member that we have promises to keep system of government has survived Thank you for your love. But thank for future generations of Americans in them all. you for the sacrifices that you made so preserving, protecting, and defending Serious challenges lie ahead, particu- that we could live our dreams. Now go the blessings of liberty for ourselves larly on the fiscal side, but any honest make your dreams come true. I know and for our posterity. And I know we’ll reckoning of our history and our pros- every one of you can. keep that promise—because we’re pects will note that we’ve confronted To my colleagues, with whom I’ve Americans. and survived more daunting challenges stood in this place, shoulder to shoul- Thank you for the honor of address- than we now face. It’s a durable, resil- der, doing freedom’s work, standing ing you tonight. And to the people of

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7418 CONGRESSIONAL RECORD — HOUSE December 20, 2012 the Sixth Congressional District, know Lahr, Matt—Press Assistant: February 1, Research Assistant—Marcus Kelley that I will always be grateful for the 2006–January 2, 2007; Press Secretary: May Communications Director—Matt Lloyd privilege you have given me to serve in 10, 2010–January 9, 2011 CHAIRMAN MIKE PENCE, HOUSE REPUBLICAN this place, and I will always cherish my Lavoie, Matt—Staff Assistant: March 13, CONFERENCE STAFF ROSTER: 2009–2010 2006–April 15, 2007 days in the people’s House. Likens, Darlene—Caseworker: January 3, Name Title Tenure May God bless the United States 2001–May 31, 2002 House of Representatives and all who Marc Short ...... Chief of Staff ...... Jan. 2009–Dec. 2010 Lloyd, Matthew—Communications Direc- Josh Pitcock ...... Deputy Chief of Staff .. Jan. 2009–Feb. 2010 serve her now and all who will ever tor: January 29, 2003–December 31, 2008; Com- Deputy Chief of Staff/ Mar. 2010–Dec. 2010 serve on this floor. And may God bless munications Director for GOP Conference: General Counsel. Emily Seidel ...... Director of Operations/ Jan. 2009–Dec. 2010 the United States of America. January 1, 2009–December 31, 2010; Commu- Assistant to the I yield back the balance of my time. nications Director: January 1, 2011–2012 Chief of Staff. McCarthy, Greg—Staff Director of Foreign Katie Strand ...... Director of Member Jan. 2009–Dec. 2010 MIKE PENCE STAFF ROSTER: 2001–2012 Services and Events. Affairs, Middle East and South Asia Sub- Melanie Looney ...... Coalitions Director/Gen- Jan. 2009–Feb. 2010 Acornley, Mark—Part-Time Admin Assist- committee while Rep. Pence served as Rank- eral Counsel. ant: October 6, 2011–2012 ing Member: January 1, 2007–January 2, 2009 Russ Vought ...... Policy Director ...... Jan. 2009–Aug. 2010 Adams, Susan—Staff Assistant: October 6, Daris Meeks ...... Policy Advisor and Leg- June 2009–Aug. 2010 Meeker, Autumn—Staff Assistant: June 1, islative Counsel. 2003–February 29, 2004 2010–2012 Policy Director ...... Aug. 2010–Dec. 2010 Ahearn, Mark—Legislative Director: Janu- Milazzo, Nathaniel—Legislative Cor- Adam Hepburn ...... Policy Advisor ...... Jan. 2009–Dec. 2010 ary 22, 2002–April 2, 2003 respondent, Legislative Assistant & Legisla- Chris Jacobs ...... Policy Advisor ...... Jan. 2009–Jan. 2010 Alexander, Jerry—Constituent Services Andy Koenig ...... Policy Advisor ...... Jan. 2009–Dec. 2010 tive Director: April 25, 2005–January 2, 2011 Jonathan Hiler ...... Policy Advisor ...... July 2010–Dec. 2010 Representative & Director of Community Miller, Craig—Legislative Assistant: Janu- John Gray ...... Policy Advisor ...... Apr. 2010–Dec. 2010 Outreach: July 9, 2001–May 15, 2007 ary 3, 2004–June 4, 2005 Sarah Makin ...... Policy Advisor ...... Jan. 2009–Mar. 2010 Arnold, Ron—Director of Administration & Policy Advisor/Coali- Mar. 2010–Dec. 2010 Miller, Molly Jarmu—Communications As- tions Liaison. Deputy Chief of Staff: January 3, 2001–Octo- sistant & Legislative Assistant: January 1, Brian McManus ...... Policy Advisor/Coali- Apr. 2010–Dec. 2010 ber 31, 2009 2002–July 28, 2003 tions Liaison. Atterholt, Kathleen—Caseworker: January Lisa Tanner ...... Policy Advisor ...... June 2009–Aug. 2009 Miner, Ryan—Paid Intern: June 1, 2007– 3, 2001–January 2, 2010 Matt Lloyd ...... Communications Direc- Jan. 2009–Dec. 2010 July 11, 2007 tor. Bauer, Zachary—Staff Assistant & Legisla- Myers, Janille—Executive Assistant: Janu- Mary Vought ...... Press Secretary ...... Feb. 2009–Dec. 2010 tive Correspondent: January 4, 2010–2012 Andeliz Castillo ...... Deputy Press Secretary Feb. 2009–Dec. 2010 ary 12, 2009–2012 Bennett, Kim—Deputy District Director: and Director of Spe- Neale, Brian—Legislative Assistant & Leg- cialty Media. January 3, 2001–2012 islative Director: June 17, 2009–2012 Courtney Kolb ...... Media Coordinator ...... Jan. 2009–July 2010 Berry, Debra—District Representative: Au- Deputy Press Secretary July 2010–Dec. 2010 gust 6, 2001–2012 Pardieck, Karrie—Casework Director: Jan- Rachel Semmel ...... Press Assistant ...... Jan. 2009–July 2010 Breeding, Mary—Paid Intern & Staff As- uary 3, 2001–2012 Radio/TV Booker ...... July 2010–Dec. 2010 Pavlik, Jennifer Marsh—Executive Assist- Brian Newell ...... Deputy Press Secretary/ Jan. 2009–Mar. 2010 sistant: April 1, 2001–January 18, 2002 Speechwriter. Brinkman, Muffet—Staff Assistant: Janu- ant & Staff Director: January 6, 2001–2012 Doug Sachtleben ...... Deputy Press Secretary/ Apr. 2010–Dec.2010 ary 8, 2001–March 31, 2001 Perdew, Abby—Administrative Assistant & Speechwriter. Administrative Director: January 27, 2009– Katie Hughes ...... Press Assistant ...... June 2010–Dec. 2010 Brown, Skip—Communications Assistant: Emily Pickett ...... Press Assistant ...... June 2010–Dec. 2010 January 2, 2004–November 16, 2005 October 31, 2011 Ben Howard ...... Staff Assistant ...... Feb. 2009–Dec. 2010 Brown, Will—Staff Assistant & Legislative Phipps, Andrew—Director of Community Scott Neale ...... Staff Assistant ...... Jan. 2009–May 2010 Relations: January 3, 2001–October 31, 2001 Ja’Ron Smith ...... Staff Assistant ...... Jan. 2009–Dec. 2010 Correspondent: January 3, 2009–January 2, Ryan Howell ...... Visual Media ...... Jan. 2009–Dec. 2010 2011 Piepgrass, Stephen—Communications Di- Bryant Avondoglio ...... Visual Media ...... Jan. 2009–Dec. 2010 Castor, Amy—Staff Assistant: May 16, rector: April 23, 2001–August 15, 2002 David Holley ...... Visual Media ...... Jan. 2009–Dec. 2010 Pitcock, Joshua—Legislative Assistant, Rebeccah Propp ...... Visual Media ...... June 2009–Dec. 2010 2004–March 12, 2006 Ericka Anderson ...... Visual Media (blogger) Mar. 2009–Dec. 2010 Collins, Larry Ken—Communications Di- Deputy Chief of Staff and General Counsel: rector: January 3, 2001–March 31, 2001 May 11, 2005–Dec 31, 2008; Deputy Chief of f Craig, Lindsey—Legislative Assistant: Jan- Staff and General Counsel for GOP Con- uary 2, 2009–April 2012 ference: January 1, 2009–June 30, 2011; Deputy AMERICA’S FUTURE Crouch, Daniel—Legislative Assistant & Chief of Staff and General Counsel: January The SPEAKER pro tempore. Under Senior Legislative Assistant: January 16, 1, 2011–July 31, 2012; Chief of Staff—August 1, the Speaker’s announced policy of Jan- 2007–August 7, 2009 2012–2012 uary 5, 2011, the Chair recognizes the Czarniecki, Cary (Lani)—District Director: Radtke, Schrade (Trip)—Legislative Direc- January 3, 2001–2012 tor: March 22, 2003–December 30, 2003 gentlewoman from Tennessee (Mrs. Dilly, Jonathan—Paid Intern: May 21, 2001– Reger, Ryan—Field Representative: Janu- BLACKBURN) for the remaining time August 8, 2001 ary 3, 2001–December 31, 2007 until 10 p.m as the designee of the ma- Evans, Ben—Constituent Services Rep- Shettle, John—Part-Time Caseworker: jority leader. resentative: January 4, 2010–2012 January 3, 2001–2012 Mrs. BLACKBURN. I am absolutely Fisher, Ryan—Legislative Assistant & Leg- Siktberg, Alan—Staff Assistant/Field Rep- delighted to stand and say ‘‘thank islative Director: January 3, 2001–January 2, resentative: February 1, 2005–February 14, you’’ to Mr. FLAKE—Senator Flake, it 2007 2008 will be—and to Mr. PENCE. It will be Fortin, Kristin—Paid Intern: May 7, 2001– Slatter, Ian—Legislative Assistant & Com- July 13, 2001 munications Director: January 1, 2002–Janu- Governor Pence. We are delighted that Gaskill, Kily Smith—Executive Assistant: ary 31, 2003 they have served here. And I will have January 13, 2009–2012 Smith, William A.—Chief of Staff: January to say that they have been happy war- Gibbs, LeAnne Holdman—Staff Assistant, 3, 2001–July 31, 2012; Senior Advisor: August riors as we have many times stood on Legislative Assistant, Senior Legislative As- 1, 2012–2012 this floor and have fought against ear- sistant & Legislative Director: February 24, Son, Daniel—Communications Assistant & marks, have fought against increased 2004–October 21, 2008 Press Secretary: January 26, 2008–May 31, Hawkins, Nicole—Community Develop- spending. 2010 And I dare say, Mr. Speaker, as Mr. ment Assistant: January 23, 2006–April 6, 2007 Sulc, Kevin—Constituent Services Rep- Howe, Jeff—Field Representative: January resentative: July 9, 2001–2012 FLAKE crosses the rotunda and into the 3, 2003–February 28, 2010 Tronovitch, Ryan—Staff Assistant: April other Chamber, I don’t think the Sen- Hughes, Kaitlynn—Press Assistant, Press 27, 2007–December 31, 2007 ate will ever go back to earmarks, be- Secretary: January 2, 2011–2012 Wilson, Mikah—Constituent Services Rep- cause I know someone who can fili- Jarmula, Ryan—Staff Assistant, Legisla- resentative/Caseworker/Administrator: Jan- buster an earmark with the best of tive Assistant and Senior Legislative Assist- uary 3, 2003–October 31, 2009 them. That talent is coming to that ant: January 22, 2008–2012 Wilson, Duncan—February 23, 2005–Feb- Karchner, Derek—Staff Assistant & Press other Chamber. ruary 28, 2005 Indeed, the happy warrior who will be Assistant: January 22, 2002–March 6, 2003 Wilson, William Patrick—Legislative Di- Keller, Aaron—Paid Intern: June 12, 2001– rector: January 2, 2001–December 31, 2001 the Governor of Indiana, my concern July 31, 2001 there, quite frankly, Mr. Speaker, is I CHAIRMAN MIKE PENCE, REPUBLICAN STUDY Kennedy, Elizabeth—Staff Assistant: Feb- know some of the reforms that he has COMMITTEE STAFF ROSTER: 2005–2006 ruary 23, 2004–April 30, 2005 in mind for that great State, and I Executive Director—Sheila Cole Kiefer, Chris—Legislative Assistant & Sen- don’t want them to become too com- ior Legislative Assistant: January 3, 2001– Deputy Director—Paul Teller April 30, 2005 Policy Director—Russ Vought petitive with my home State of Ten- Kincaid, Andrew—Legislative Assistant: Senior Policy Analyst—Derek Baker nessee. I’m going to be keeping a very January 3, 2001–December 31, 2001 Policy Analyst—Joelle Cannon close eye on the good work that he is

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7419 doing there for the people of Indiana b 2130 Mrs. BLACKBURN. I thank the gen- and look forward to what he is going to He knows the words of Jefferson: Can tleman for those kind remarks. do. the liberties of a Nation be thought se- I know that we all share in express- It is so very true, and we talk about cure when we have removed their only ing how much we have enjoyed having it a lot, but I think we appreciate it firm foundation, and that is a convic- these gentlemen with us. We also want here in this Chamber. Our States are tion in the hearts of man that these to recognize someone. I want to yield the laboratories of democracy in this liberties are gifts of God? to the gentleman from Florida, who great Nation. That is where great ideas I know this man, this great man from has been with us for all too short a pe- come from. They bubble up and they the Heartland. I know Karen, Michael, riod of time. Mr. WEST is here for his get tested. We know that Indiana is Charlotte and Audrey. What a strong last day on this floor. I know that each going to have quite a few new ideas family. I want to thank them for their of us joins in saying thank you to him. that they’ll be trying, so we’re looking sacrifice. We, Mr. Speaker, as you He came to this floor and, Mr. Speak- forward to seeing what he will do know, we serve our country, but we er, he does not back down from the there. don’t sacrifice. But our families do. fight. I think that he runs toward that I want to yield at this time to the What a great sacrifice of the Pence fight when it is a fight for freedom, gentleman from Texas (Mr. HEN- family of Indiana to let this great man when it is a fight for getting this gov- SARLING) who has worked so closely come and serve with distinction for ernment under control and returning with these two gentlemen as we have these years. us to our constitutional principles, be- fought expanded government, fought MIKE PENCE has brought the values of cause he is a constitutional conserv- higher taxes, fought uncontrollable and the Heartland to this institution and ative. out-of-control spending. I yield to the taught us all well. He has led by exam- As we have, this week, stood on this gentleman for his comments this ple, and he’s done something that, floor and have discussed the issues that evening. frankly, few Members have done, and are in front of us, the issues that the Mr. HENSARLING. I thank the gen- that is he has inspired us to greatness. media have termed the ‘‘fiscal cliff,’’ tlelady for yielding to me. Again, Mr. Speaker, many serve here you know, many of us have talked as public servants, but some go beyond about this, that this day was coming. Mr. Speaker, an hour ago, I had no being a public servant and they em- Indeed, the Republicans in the House idea that I would be on the House floor body everything that was good and have been working on this issue for to witness the farewell speeches of two great about the Founders. We have a months. My goodness, we sent bills giants who have served in this institu- special word for those people, it’s starting in May over to the Senate. tion. In many ways, Mr. Speaker, I ap- called ‘‘patriot.’’ MIKE PENCE, the gen- They’ve been sitting on HARRY REID’s proach my comments tonight with tleman from Indiana, is a patriot. His desk, some of them—the last one went trepidation because my voice is most moral compass always points true over September 19—and they have cho- inadequate and unprepared for this mo- north. His humor and compassion have sen not to take up those bills. ment. lifted his colleagues in this Chamber in It’s important to note that in that The term ‘‘happy warrior’’ was used. tough and challenging moments. lesson of looking at what the Senate The gentleman from Arizona (Mr. He embodies that definition of char- chose not to do and what the leader of FLAKE), I have never known him not to acter that he always does what is right the Senate chose not to do, we have have a smile on his face. Mr. Speaker, even when no one is watching. And be- people in the House that chose to take if there was one individual who cause he understands better than most an action that would prohibit higher summed up the phrase that one man in what the true genius of America is, taxes on all Americans. It would pro- the right makes a majority, it’s the every day he gets up, he praises his hibit the sequestration from taking gentleman from Arizona, JEFF FLAKE. Lord, he thanks Him for his family, place on our military, and it would en- Mr. Speaker, I have no doubt whatso- and he dreams bold dreams because, able us to move toward a pathway of ever that the other body will never be Mr. Speaker, he is an American. fiscal responsibility and economic the same when the gentleman from Ar- Mr. Speaker, I’ve been granted many growth and renaissance in this Nation. izona steps into that other Chamber— blessings in life, many blessings in life, So at this time, I yield to the gen- because of his leadership. Many come few that I will cherish as much as the tleman from Florida (Mr. WEST). here and serve. They speak with elo- blessing of fighting for freedom on the Mr. WEST. I want to thank the gen- quence. They represent their values. floor of the United States House of tlewoman from Tennessee for allowing They represent their constituents. But, Representatives at the side of MIKE me to participate this evening. Thank Mr. Speaker, not all that many leave PENCE. He has taught me that verse in you, Mr. Speaker, for allowing me to this institution and can look them- Proverbs that ‘‘iron sharpens iron.’’ have this time. But I want to also pay selves in the mirror and know they Mr. Speaker, he has always sharpened homage to two great men that are have made a difference. The gentleman my iron. He has taught me about Prov- going to be departing this House of from Arizona has made a difference in erbs 18:24: And there is a friend that Representatives. the people’s House and how the sticketh closer than a brother. MIKE I think back to 5 years ago, in De- peoples’s money has been spent. PENCE is my friend that sticketh closer cember of 2007. I had just gotten back Mr. Speaker, it’s a challenging time than a brother. from 21⁄2 years of serving in Afghani- in our Nation’s history. There’s much I’ve often thought, What is the high- stan, and I decided that I was going to turmoil. I know many question Madi- est praise that I can pay to such a throw my hat into the ring to run for son’s genius—perhaps mad genius—in friend? Back in Dallas, Texas, I’ve got Congress in 2008. I understood what it providing for this thing called divided a son, Travis; he’s 9. Since it’s a school meant to be a constitutional conserv- government. It’s sloppy; it’s messy; it night, he, hopefully, is not playing ative. I understood what it meant when gets a little noisy; it’s not always effi- Angry Birds or Plants Versus Zombie you talked about limited government, cient; but it has produced the greatest, or some other electronic game. He and when you talked about fiscal responsi- freest, most prosperous Republic in the his sister are the apple of my eye and bility, individual sovereignty; when history of mankind. That divided gov- my wife’s eye. And I think, Mr. Speak- you talked about a free marketplace of ernment is played out in this institu- er, what kind of life might my son ideas, where the American people can tion by noble men and women who have? How do I want to raise my son? prosper, and also a strong national de- mean well. Again, I find my voice most What do I want to teach him? Who do fense. But of course the critical thing inadequate to honor the work of these I want him to emulate? Mr. Speaker, was I could go back and I could read two great men. I’ve said this about very few people I Locke and I could read Montesquieu. I I look at the words above you, Mr. have met in life, but Mr. Speaker, I could read Hobbes or Rousseau. I could Speaker, ‘‘In God we trust.’’ Few have could never be more proud than if my read all of the writings of our Founding lived that and had it emblazoned on son, Travis JEB HENSARLING, grew up Fathers. But I wanted to look at two their heart as the gentleman from Indi- to be like MIKE PENCE, the Governor- individuals or several individuals that I ana, MIKE PENCE. elect of Indiana, my friend, our patriot. could see as role models.

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And if we believe the two men that are going to depart fell short, on that next day, he was the the latter instead of the former, then this House of Representatives—one to first person to call and say: we will have those right tax policies, go be Senator-elect from Arizona, an- I know what type of man you are, we will have the right regulatory poli- other going to be Governor-elect from and I know what type of fighter you cies, and we will have the right mone- Indiana—were two individuals that I are, and I know you’re going to do it tary policies so that we are not print- studied. again. ing more money and devaluing our dol- When I wanted to know about fiscal Therefore, I ended up being here in lar so that we see commodity prices responsibility, I heard about this gen- 2010. I had the opportunity to be going up. tleman, Representative JEFF FLAKE taught, to be coached and to be Will we, once again, have our small from Arizona, who was Mr. Earmark. I, mentored by a great man, a great con- businesses grow, which is a reflection first of all, had to understand, okay, stitutional conservative, a man there of our entrepreneurial spirit? But, being in the military, what does an that will go make a difference for a most importantly, will we respect the earmark mean? Well, I come to under- State, and I think that one day he will individual, their sovereignty, their stand what it meant, and I come to un- make a difference for our great Nation. rights, and their freedoms, and make derstand how horrible it is when you So as once upon a time a general sure that we have the strongest, most look at what is happening with our said, as he stood there, that old sol- powerful military that will cause peo- debt and our deficit and our fiscal irre- diers never die, they just fade away, ple to say, we will not challenge you, sponsibility. I’m not going to fade away, because because they know that what we stand I came to understand what it meant these two men have encouraged me to for, this that we will defend, is some- to have principles and pragmatism and do something better and do something thing that we truly do believe in. having the courage to stand upon your different, to take off a camouflage uni- So as this may be my last time convictions and continue to push and form and put on a suit and tie but con- speaking here on this House floor, I can continue to try to make a difference, tinue to fight for the principles and tell you that the principles and values even if it seems that you may stand values that make this country great that we stand for as constitutional alone. Because that’s one of the mottos and that make this country excep- conservatives, you don’t have to be in from a great unit in the 101st Airborne tional. I think that’s what we see hap- the House of Representatives to con- Division, Currahee. We know that from pening right now. tinue that fight, because it’s a fight the Band of Brothers what that means, I am so encouraged that we have the worth doing, but it’s a fight worth ‘‘stands alone.’’ right people here in the House, we will doing because I’ve had some great men If there is one person that has always have the right people in the Senate and and great women to be examples for me stood alone and will continue to do so we will have the right people down in as I go forward. for the principles that are right, fiscal our States to make a difference to se- There are many men and women that responsible principles that are right, cure a better future for all of our chil- are standing on freedom’s ramparts, it’s Senator-elect JEFF FLAKE. Being dren and our grandchildren so we do our watchmen on the walls, that are able to study him and see him and not not saddle them with the debt that trusting and depending on us right now so much worrying about having a we’re currently looking at, we do not to make sure that their service, their bunch of conversations, but learning by saddle them with the out-of-control sacrifice, and their commitment shall example, helped me to have 2 great spending, and we do not leave them not be in vain. years here in the people’s House, the with an unsecure America and an un- So I thank you all. I thank you for people’s House where for 22 years in stable world. your coaching and your mentoring. I uniform I served to protect, and now I Those men that are going to depart thank you for the example that you got the opportunity to walk in these here are going to be part of that trans- set. I thank you for allowing me to be great Halls with a great man, who I formation, that restoration, that re- here to speak on this night. know will continue to go on to the Sen- claiming of a sense of American pride May God bless America, and may God ate, where they truly do need some and exceptionalism that when we look keep us all forevermore. help with fiscal responsibility. at those words up there, ‘‘in God we Mrs. BLACKBURN. We thank the I know that when we look across, trust,’’ we will truly inculcate that gentleman from Florida for yielding just the same as that unit in December back into who we are as a people. back, and we thank him so much for of 1944, when they were surrounded, So as we go forth, we talk about this his service to this House. they sent back one simple response, thing called the fiscal cliff, I know that Mr. Speaker, as we close for the that they were not going to surrender. these men understood what the right Christmas season, I do want to make I think we all know what that one- type of tax policies are that create eco- just a few comments about what has word response is. nomic growth. We are not about wealth transpired today. And I think it is so redistribution. We are about wealth ex- noteworthy that those Members who b 2140 pansion. We are about that American are departing have stood on this floor If I could think of one person that Dream that can take an inner city kid tonight and have talked about what it will stand on the Senate floor and give from Atlanta, Georgia, and allow him means to serve in the U.S. House of that same response, it will be Senator- to be standing here today speaking to Representatives, and how grateful we elect, JEFF FLAKE. the American people before incredible are that they have chosen that service. Now, when I think about the other men that will go and do more incred- And we each have shared a commit- gentleman, the Governor-elect of Indi- ible things for this great Nation. ment to make certain that we are com- ana, there was a person that contacted I believe that we are standing on the mitted to pushing—pushing—the Fed- me, and if you talked to him, he will verge of a new dawn for America. But eral Government to get its fiscal house say I was supporting ALLEN WEST be- all we have to do is go back and recom- in order. fore it became cool to support ALLEN mit to those principles and value that Indeed, Mr. HENSARLING many times WEST, and that is absolutely 100 per- our Founding Fathers accepted, that has said that that is our primary goal cent right. Because MIKE PENCE under- our Founding Fathers wrote in the as conservatives because we know that stood that it’s not about the empty Declaration, that they improved and the greatest threat to our Nation’s se- promises of outreach to a community, perfected through the Constitution, curity is our nation’s debt. Many of us it’s about finding those individuals and now they’re looking at us in this talk about Admiral Mullen’s comments that really and truthfully do believe in generation to be the ones that carry it on July 6, 2010, when he said that the constitutional, conservative principles on. 236 years. And I believe that we will greatest threat to our Nation’s secu- and supporting them to get them to a be around for another 236 years. rity is our Nation’s debt. position where they can have a voice The test for us right now is do we be- This week, as we have looked at the and they can, in turn, be examples to lieve that America is about a bigger so-called fiscal cliff, as we have looked

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7421 at the expiration of the tax cuts, as we at different angles. And the decision ing the can down the road is now. And have worked through the growing and came that the best decision for this, we will head away for Christmas and just boiling and rolling debt that is the best way to approach it, the best return, I think, with a strength and a sweeping over this government, as we way to make certain we address this is resolve and a courage to address the have watched this deficit climb higher to stand firm on the actions that the fiscal issues of this Nation. The House, every year, we have sought to find a so- House has taken and for the Senate to where the spending bills and appropria- lution to this. take up the legislation that they’ve tion process begins, we will tackle this As I mentioned earlier in our re- had the opportunity to take up since with strength, with resolve, with cour- marks, we have stood in this House, September 19. They could take up any age to get the job done so that, just as and going back to May 10, we passed bill and amend it. They could vote on my colleagues have said here tonight, reconciliation August 1, we passed an it. They could send it back to us. They so that future generations have a extension of all the 2001, 2003 tax reduc- could go to conference. brighter future and so that we will con- tions—they’re called the Bush tax cuts. You see, as we talk about our chil- tinue to stand for the cause of freedom. We passed a sequester bill on the 2nd, dren and their future and as we talk With that, I yield back the balance of and on September 19, we passed a path- about this amount of debt, what we do my time. way to tax reform. not want to do is to cap our children’s f Mr. Speaker, what is so significant future and trade to the people that about that is that those pieces of legis- hold our debt. If we’re not careful, LEAVE OF ABSENCE lation left here, some of them with a that’s exactly what is going to happen. By unanimous consent, leave of ab- bipartisan vote, all with a strong vote As we have gone through this process sence was granted to: from this body, and they traveled this week, as my colleagues have all Mr. CULBERSON (at the request of Mr. across to the Senate. And from May to watched it and said exactly what has CANTOR) for today on account of ill- September, they found their place on happened, what are the decisions, what ness. HARRY REID’s desk. What is so sad are the consequences of the decisions Mr. RIVERA (at the request of Mr. about this is that HARRY REID made his we have made, are we going to resolve CANTOR) for today and the balance of choice. The Senate made their choice. it, I do believe that you are going to the week on account of a family med- And their choice was to not take up see a resolution to this. It will happen ical emergency. those pieces of legislation. because the American people are say- f This crisis that we have had, our so- ing to us and they’re saying to the called crisis, the fiscal cliff crisis and President, It is time to get this spend- SENATE BILLS REFERRED Taxmageddon, all of this is a crisis of ing under control. Our children deserve Bills of the Senate of the following their making because it is a crisis of better of us. They have the right to titles were taken from the Speaker’s inaction. But, Mr. Speaker, many live free lives, to dream big dreams, table and, under the rule, referred as times, that is what happens here. It is and to make those dreams come true. follows: inaction, what does not get done, that I do want to say a ‘‘thank you’’ to S. 2318. An act to authorize the Secretary causes the situation where there is a our leadership. I think the way that of State to pay a reward to combat rush to the last minute. Speaker BOEHNER has handled these transnational organized crime and for infor- We have had the American people issues this week, the way he has mation concerning foreign nationals wanted watching closely, and we have had the worked with the Members in this body by international criminal tribunals, and for other purposes, to the Committee on Foreign comments from the President, the to show respect to them, to show re- spect for their opinions and respect for Affairs. comments from different ones in the S. 3202. An act to amend title 38, United Cabinet, and the comments from the their constituents, I think that that States Code, to ensure that deceased vet- Senate. But I remind my colleagues has been a true sign of leadership that erans with no known next of kin can receive that we took our actions here in the was willing to listen and then willing a dignified burial, and for other purposes, to body, we sent that legislation, and we to move the way the body wanted to the Committee on Veterans’ Affairs; in addi- did it because we understand that $16 move. tion to the Committee on Armed Services trillion worth of debt and annual defi- And the decision was made by the and the Committee on the Budget for a pe- riod to be subsequently determined by the cits of $1 trillion are far too much for body not to move forward on the Plan B. But I think in making that decision, Speaker, in each case for consideration of our children and grandchildren. such provisions as fall within the jurisdic- what you will see is our leadership b 2150 tion of the committee concerned. moving forward more committed and S. 3630. An act to designate the facility of The speakers tonight who have with individuals even more prepared to the United States Postal Service located at joined me on this floor have talked get to work and to get this solved and 218 North Milwaukee Street in Waterford, about how we have hopes and dreams to do what the American people are ex- Wisconsin, as the ‘‘Captain Rhett W. Schiller for our children, for our grandchildren, pecting us to do, which is to get this Post Office’’, to the Committee on Oversight for the futures of our families. You spending under control. They have sent and Governmental Reform. know what? If you’re facing $16 tril- the message loud and clear: Wash- S. 3662. An act to designate the facility of lion, $20 trillion, $25 trillion worth of the United States Postal Service located at 6 ington does not have a revenue prob- Nichols Street in Westminster, Massachu- debt as a nation, it is very difficult to lem; it has a spending problem. It has setts, as the ‘‘Lieutenant Ryan Patrick see those hopes and dreams come true. an out-of-control spending problem and Jones Post Office Building’’, to the Com- My concern as I look at my grand- an insatiable appetite for the tax- mittee on Oversight and Governmental Re- children is that the decisions—maybe payers’ money. form. the selfishness even—of people in As we have worked through this S. 3698. An act to amend title 40, United Washington who want to tax too much week, as we’ve talked to our constitu- States Code, to improve veterans service or- and want to spend too much, who are ents—and so many of us in this body ganizations access to Federal surplus per- taxing and spending not their money, have done telephone town halls and we sonal property, to the Committee on Over- sight and Governmental Reform. but my children and grandchildren’s have been on the phone and we have money, children of the next generation, answered emails. And we know that f leaders maybe even a generation or there is no limit to how much money, SENATE ENROLLED BILLS SIGNED more away, they are spending their how much of other people’s money gov- The Speaker announced his signature money, because at this point we are ernment will try to spend. There’s no to enrolled bills of the Senate of the borrowing 46 cents of every dollar we limit to how much of the taxpayers’ following titles: spend. It’s not sustainable. money. So the American people have That is why we have very thought- S. 2170. An act to amend the provisions of sent the message to us and we all have title 5, United States Code, which are com- fully, over the last several months, ap- sent it to our leadership, and they have monly referred to as the ‘‘Hatch Act’’, to proached this issue, and it’s why this listened and they have responded. scale back the provision forbidding certain week we have worked with our leader- The time to get the spending under State and local employees from seeking elec- ship to find a solution to this, to look control is now. The time to stop kick- tive office, clarify the application of certain

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7422 CONGRESSIONAL RECORD — HOUSE December 20, 2012 provisions to the District of Columbia, and transmitting the Department’s final rule — 8869. A letter from the Director, Regu- modify the penalties which may be imposed Final Flood Elevation Determinations latory Management Division, Environmental for certain violations under subchapter III of [Docket ID: FEMA-2012-0003] received De- Protection Agency, transmitting the Agen- chapter 73 of that title. cember 11, 2012, pursuant to 5 U.S.C. cy’s final rule — Bacillus subtilis Strain QST S. 2367. An act to strike the word ‘‘lunatic’’ 801(a)(1)(A); to the Committee on Financial 713 Variant Soil; Amendment to an Exemp- from Federal law, and for other purposes. Services. tion from the Requirement of a Tolerance for S. 3311. An act to designate the United 8861. A letter from the Associate General Bacillus subtilis Strain QST 713 to Include States courthouse located at 2601 2nd Avenue Counsel for Legislation and Regulations, De- Residues of Bacillus subtilis Strain QST 713 North, Billings, Montana, as the ‘‘James F. partment of Housing and Urban Develop- Variant Soil [EPA-HQ-OPP-2011-0669; FRL- Battin United States Courthouse’’. ment, transmitting the Department’s final 9369-3] received December 11, 2012, pursuant S. 3564. An act to extend the Public Inter- rule — Native American Housing Assistance to 5 U.S.C. 801(a)(1)(A); to the Committee on est Declassification Act of 2000 until 2014 and and Self-Determination Reauthorization Act Energy and Commerce. for other purposes. of 2008: Amendments to Program Regula- 8870. A letter from the Director, Regu- S. 3642. An act to clarify the scope of the tions [Docket No.: FR-5275-F-13] (RIN: 2577- latory Management Division, Environmental Economic Espionage Act of 1996. AC80) received December 11, 2012, pursuant Protection Agency, transmitting the Agen- S. 3687. An act to amend the Federal Water to 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Protection of Stratospheric Pollution Control Act to reauthorize the Financial Services. Ozone: Listing of Substitutes for Ozone De- Lake Pontchartrain Basin Restoration Pro- 8862. A letter from the General Counsel, pleting Substances — Fire Suppression and gram, to designate certain Federal buildings, Federal Housing Finance Agency, transmit- Explosion Protection [EPA-HQ-OAR-2011- and for other purposes. ting the Agency’s final rule — Organization 0111; FRL-9757-5] (RIN: 2060-AQ84) received and Functions, and Seal (RIN: 2590-AA54) re- f December 12, 2012, pursuant to 5 U.S.C. ceived December 11, 2012, pursuant to 5 801(a)(1)(A); to the Committee on Energy and A BILL PRESENTED TO THE U.S.C. 801(a)(1)(A); to the Committee on Fi- Commerce. PRESIDENT nancial Services. 8871. A letter from the Director, Regu- 8863. A letter from the Deputy Director for latory Management Division, Environmental Karen L. Haas, Clerk of the House, Policy, Pension Benefit Guaranty Corpora- Protection Agency, transmitting the Agen- reported that on December 20, 2012, she tion, transmitting the Corporation’s final cy’s final rule — Supplemental Determina- presented to the President of the rule — Benefits Payable in Terminated Sin- tion for Renewable Fuels Produced Under United States, for his approval, the fol- gle-Employer Plans; Interest Assumptions the Final RFS2 Program From Grain Sor- for Paying Benefits received December 13, ghum [EPA-HQ-OAR-2011-0542; FRL-9760-2] lowing bill: 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the received December 11, 2012, pursuant to 5 H.R. 3783. To provide for a comprehensive Committee on Education and the Workforce. U.S.C. 801(a)(1)(A); to the Committee on En- strategy to counter Iran’s growing hostile 8864. A letter from the Director, Regu- presence and activity in the Western Hemi- latory Management Division, Environmental ergy and Commerce. 8872. A letter from the Acting General sphere, and for other purposes. Protection Agency, transmitting the Agen- Counsel, Federal Energy Regulatory Com- cy’s final rule — Approval and Promulgation f mission, transmitting the Commission’s of Air Quality Implementation Plans; Indi- final rule — Revisions to Electric Quarterly ADJOURNMENT ana; South Bend/Elkhart, Indiana Ozone Filing Process [Docket No.: RM12-3-000] re- Maintenance Plan Revision to Approved Mrs. BLACKBURN. Mr. Speaker, I ceived December 11, 2012, pursuant to 5 Motor Vehicle Emissions Budgets [EPA-R05- move that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on En- OAR-2012-0536; FRL-9761-1] received Decem- The motion was agreed to; accord- ber 12, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); ergy and Commerce. 8873. A letter from the Director, Office of ingly (at 9 o’clock and 56 minutes to the Committee on Energy and Commerce. p.m.), under its previous order, the 8865. A letter from the Director, Regu- Sustainable Fisheries, NMFS, National Oce- latory Management Division, Environmental anic and Atmospheric Administration, trans- House adjourned until tomorrow, Fri- mitting the Administration’s final rule — day, December 21, 2012, at 2 p.m. Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation Endangered and Threatened Wildlife and f of Air Quality Implementation Plans; Penn- Plants; Endangered Status for the Main Ha- EXECUTIVE COMMUNICATIONS, sylvania; The 2002 Base Year Emissions In- waiian Islands Insular False Killer Whale Distinct Population Segment [Docket No.: ETC. ventory for the Pittsburgh-Beaver Valley Nonattainment Area for 1997 Fine Particu- 0912161432-2630-04] (RIN: 0648-XT37) received Under clause 2 of rule XIV, executive late Matter National Ambient Air Quality December 11, 2012, pursuant to 5 U.S.C. communications were taken from the Standard [EPA-R03-OAR-2010-0601; FRL-9760- 801(a)(1)(A); to the Committee on Natural Speaker’s table and referred as follows: 8] received December 12, 2012, pursuant to 5 Resources. U.S.C. 801(a)(1)(A); to the Committee on En- 8874. A letter from the Deputy Assistant 8856. A letter from the Director, Regu- Administrator for Operations, NMFS, Na- latory Management Division, Environmental ergy and Commerce. 8866. A letter from the Director, Regu- tional Oceanic and Atmospheric Administra- Protection Agency, transmitting the Agen- latory Management Division, Environmental tion, transmitting the Administration’s final cy’s final rule — Extension of Tolerances for Protection Agency, transmitting the Agen- rule — Fisheries of the Northeastern United Emergency Exemptions (Multiple Chemicals) cy’s final rule — Approval and Promulgation States; Atlantic Mackerel, Squid, and [EPA-HQ-OPP-2012-0825; FRL-9372-1] received of Air Quality Implementation Plans; Vir- Butterfish Fisheries; Specifications and December 12, 2012, pursuant to 5 U.S.C. ginia; Fredericksburg 8-Hour Ozone Mainte- Management Measures [Docket No.: 801(a)(1)(A); to the Committee on Agri- nance Area Revision to Approved Motor Ve- 120917459-2591-01] (RIN: 0648-BC57) received culture. hicle Emissions Budgets [EPA-R03-OAR-2012- December 11, 2012, pursuant to 5 U.S.C. 8857. A letter from the Director, Regu- 0444; FRL-9760-9] received December 12, 2012, 801(a)(1)(A); to the Committee on Natural latory Management Division, Environmental pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Resources. Protection Agency, transmitting the Agen- mittee on Energy and Commerce. 8875. A letter from the Attorney-Advisor, cy’s final rule — Flubendiamide; Pesticide 8867. A letter from the Director, Regu- Department of Homeland Security, transmit- Tolerances [EPA-HQ-OPP-2007-0099; FRL- latory Management Division, Environmental ting the Department’s final rule — Safety 9373-3] received December 11, 2012, pursuant Protection Agency, transmitting the Agen- Zone; Research vessel SIKULIAQ Launch, to 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Approval of Air Quality Im- Marinette, Wisconsin [Docket No.: USCG- Agriculture. plementation Plans; California; San Joaquin 2012-0896] (RIN: 1625-AA00) received December 8858. A letter from the Director, Regu- Valley; Attainment Plan for the 1997 8-hour 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to latory Management Division, Environmental Ozone Standards; Technical Amemdments the Committee on Transportation and Infra- Protection Agency, transmitting the Agen- [EPA-R09-OAR-2011-0589; FRL-9762-4] re- structure. cy’s final rule — Pyriproxyfen; Pesticide ceived December 12, 2012, pursuant to 5 8876. A letter from the Attorney-Advisor, Tolerances [EPA-HQ-OPP-2011-1012; FRL- U.S.C. 801(a)(1)(A); to the Committee on En- Department of Homeland Security, transmit- 9365-6] received December 11, 2012, pursuant ergy and Commerce. ting the Department’s final rule — Safety to 5 U.S.C. 801(a)(1)(A); to the Committee on 8868. A letter from the Director, Regu- Zone; Battle of Queenston Heights Bicenten- Agriculture. latory Management Division, Environmental nial, Niagara River, Lewiston, NY [Docket 8859. A letter from the Chief Counsel, De- Protection Agency, transmitting the Agen- No.: USCG-2012-0849] (RIN: 1625-AA00) re- partment of Homeland Security, transmit- cy’s final rule — Approval and Promulgation ceived December 11, 2012, pursuant to 5 ting the Department’s final rule — Final of State Implementation Plans; State of Wy- U.S.C. 801(a)(1)(A); to the Committee on Flood Elevation Determinations [Docket: ID oming; Regional Haze Rule Requirements for Transportation and Infrastructure. FEMA-2012-0003] received December 13, 2012, Mandatory Class I Areas under 40 CFR 51.309 8877. A letter from the Attorney-Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [EPA-R08-OAR-2011-0400; FRL-9756-9] re- Department of Homeland Security, transmit- mittee on Financial Services. ceived December 12, 2012, pursuant to 5 ting the Department’s final rule — Safety 8860. A letter from the Chief Counsel, U.S.C. 801(a)(1)(A); to the Committee on En- Zone: America’s Cup World Series Finish- FEMA, Department of Homeland Security, ergy and Commerce. line, San Francisco, CA [Docket No.: USCG-

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 20, 2012 CONGRESSIONAL RECORD — HOUSE H7423 2012-0884] (RIN: 1625-AA00) received December ting the Department’s final rule — Shipping ative Gregory Meeks (Rept. 112–709). Referred 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to and Transporation; Technical, Organiza- to the House Calendar. the Committee on Transportation and Infra- tional, and Conforming Amendments [Dock- Mr. BONNER: Committee on Ethics. In the structure. et No.: USCG-2012-0832] (RIN: 1625-AB87) re- Matter of Representative Tim Ryan (Rept. 8878. A letter from the Attorney-Advisor, ceived December 11, 2012, pursuant to 5 112–710). Referred to the House Calendar. Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on Mr. MICA: Committee on Transportation ting the Department’s final rule — Regu- Transportation and Infrastructure. and Infrastructure. H.R. 1073. A bill to des- lated Navigation Area; Columbus Day Week- 8888. A letter from the Senior Procurement ignate the United States courthouse to be end, Biscayne Bay, Miami, FL [Docket No.: Executive/Deputy Chief Acquisition Officer, constructed in Jackson, Mississippi, as the USCG-2012-0191] (RIN: 1625-AA11) received General Services Administration, transmit- ‘‘R. Jess Brown United States Courthouse’’ December 11, 2012, pursuant to 5 U.S.C. ting the Administration’s final rule — Fed- (Rept. 112–711). Referred to the House Cal- 801(a)(1)(A); to the Committee on Transpor- eral Acquisition Regulation; Federal Acqui- endar. tation and Infrastructure. sition Circular 2005-63; Introduction [Docket Mr. MICA: Committee on Transportation 8879. A letter from the Attorney-Advisor, FAR: 2012-0080, Sequence 6] received Decem- and Infrastructure. H.R. 2919. A bill to elimi- Department of Homeland Security, transmit- ber 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); nate the reimbursement requirement for cer- ting the Department’s final rule — Safety to the Committee on Science, Space, and tain tornado shelters constructed with Fed- Zone; Steam Ship Col. James M. Technology. eral assistance, and for other purposes; with Schoonmaker relocation project, Maumee 8889. A letter from the Senior Procurement an amendment (Rept. 112–712). Referred to River, Toledo, OH [Docket No.: USCG-2012- Executive/Deputy Chief Acquisition Officer, the Committee of the Whole House on the 0939] (RIN: 1625-AA00) received December 11, General Services Administration, transmit- state of the Union. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Administration’s final rule — Fed- Mr. RYAN of Wisconsin: Commitee on the Budget. Activities and Summary Report of Committee on Transportation and Infra- eral Acquisition Regulation; Federal Acqui- the Committee on the Budget, House of Rep- structure. sition Circular 2005-63; Small Entity Compli- resentatives, One Hundred Twelfth Congress 8880. A letter from the Attorney-Advisor, ance Guide [Docket FAR: 2012-0081, Sequence fourth quarter (Rept. 112–713). Referred to Department of Homeland Security, transmit- 8] received December 11, 2012, pursuant to 5 the Committee of the Whole House on the ting the Department’s final rule — Safety U.S.C. 801(a)(1)(A); to the Committee on Zone: Leukemia & Lymphoma Light the state of the Union. Oversight and Government Reform. Mr. KLINE: Committee on Education and Night Walk Fireworks Displays; Willamette 8890. A letter from the Senior Procurement the Workforce. Report on the Activities of River, Portland, OR [Docket No.: USCG-2012- Executive/Deputy Chief Acquisition Officer, the Committee on Education and the Work- 0803] (RIN: 1625-AA00) received December 11, General Services Adminsitration, transmit- force for the Fourth Quarter of the 112th 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Administration’s final rule — Fed- Committee on Transportation and Infra- Congress (Rept. 112–714). Referred to the eral Acquisition Regulation; Iran Threat Re- Committee of the Whole House on the state structure. duction [FAC 2005-63; FAR Case 2012-030; 8881. A letter from the Attorney-Advisor, of the Union. Docket 2012-0030, Sequence 1] (RIN: 9000- Department of Homeland Security, transmit- Mr. UPTON: Committee on Energy and AM44) received December 11, 2012, pursuant ting the Department’s final rule — Safety Commerce. H.R. 1063. A bill to amend title to 5 U.S.C. 801(a)(1)(A); to the Committee on Zone, Atlantic Intracoastal Waterway; Caro- XVIII of the Social Security Act with re- Science, Space, and Technology. lina Beach, NC [Docket No.: USCG-2012-0741] spect to the application of Medicare sec- 8891. A letter from the Chief, Publications (RIN: 1626-AA00) received December 11, 2012, ondary payer rules for certain claims’; with and Regulations Branch, Internal Revenue pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- an amendment (Rept. 112–715, Pt. 1). Ordered Service, transmitting the Service’s final rule mittee on Transportation and Infrastruc- to be printed. — 2012 cumulative List of Changes in Plan ture. Mr. BONNER: Committee on Ethics. In the 8882. A letter from the Attorney-Advisor, Qualifications [Notice 2012-76] received De- Matter of Allegations Relating to Represent- Department of Homeland Security, transmit- cember 13, 2012, pursuant to 5 U.S.C. ative Shelley Berkley (Rept. 112–716). Re- ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Ways and ferred to the House Calendar. Means. Zone; Cooper T. Smith Fireworks Event; Mo- f bile River; Mobile, AL [Docket No.: USCG- 8892. A letter from the Chief, Publications 2012-0869] (RIN: 1625-AA00) received December and Regulations Branch, Internal Revenue REPORTED BILL SEQUENTIALLY 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to Service, transmitting the Service’s final rule REFERRED the Committee on Transportation and Infra- — Update of Weighted Average Interest Rates, Yield Curves, and Segment Rates [No- Under clause 2 of rule XII, bills and structure. reports were delivered to the Clerk for 8883. A letter from the Attorney-Advisor, tice 2012-78] received December 11, 2012, pur- Department of Homeland Security, transmit- suant to 5 U.S.C. 801(a)(1)(A); to the Com- printing, and bills referred as follows: ting the Department’s final rule — Inland mittee on Ways and Means. Mr. KING of New York: Committee on Waterways Navigation Regulations [Docket 8893. A letter from the Chief, Publications Homeland Security. H.R. 3116. A bill to au- No.: USCG-2011-1086] (RIN: 1625-AB84) re- and Regulations Branch, Internal Revenue thorize certain programs of the Department ceived December 11, 2012, pursuant to 5 Service, transmitting the Service’s final rule of Homeland Security, and for other pur- U.S.C. 801(a)(1)(A); to the Committee on — Deduction for Qualified Film and Tele- poses; with an amendment, (Rept. 112–717, Pt. Transportation and Infrastructure. vision Production Costs [TD 9603] (RIN: 1545- 1); referred to the Committees on Energy and 8884. A letter from the Attorney-Advisor, BJ23) received December 11, 2012, pursuant to Commerce, Science, Space, and Technology, Department of Homeland Security, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on and Transportation for a period ending not ting the Department’s final rule — Safety Ways and Means. later than December 21, 2012, for consider- Zone; Coast Guard Exercise, Hood Canal, 8894. A letter from the Chief, Publications ation of such provisions of the bill and Washington [Docket No.: USCG-2012-0822] and Regulations, Internal Revenue Service, amendment as fall within the jurisdication (RIN: 1625-AA00) recevied December 11, 2012, transmitting the Service’s final rule — Rev- of those committees pursuant to clause 1(f), pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- enue Procedure: Certain exceptions to disclo- 1(p) and 1(r) respectively, of rule X. sure requirements under Tres. Reg. Sec. mittee on Transportation and Infrastruc- f ture. 1.6011-4(b)(5) (Rev. Proc. 2013-11) received De- 8885. A letter from the Attorney Advisor, cember 11, 2012, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Ways and Under clause 2 of rule XII, public Means. ting the Department’s final rule — Fixed and bills and resolutions of the following Moving Safety Zone; Around the USACE 8895. A letter from the Chief, Publications Bank Grading Units, Mat Sinking Unit, and and Regulations, Internal Revenue Service, titles were introduced and severally re- the M/V Harrison and M/V William James transmitting the Service’s final rule — Tax- ferred, as follows: [Docket No.: USCG-2012-0738] (RIN: 1625- able Medical Devices [TD 9604] (RIN: 1545- By Mr. LATHAM (for himself, Mr. BOS- AA00) received December 11, 2012, pursuant BJ44) received December 13, 2012, pursuant to WELL, Mr. KING of Iowa, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on LOEBSACK, Mr. BRALEY of Iowa, Mr. Transportation and Infrastructure. Ways and Means. GRIFFIN of Arkansas, Mr. WOMACK, 8886. A letter from the Attorney Advisor, f Mr. TIBERI, and Mr. STIVERS): Department of Homeland Security, transmit- H.R. 6690. A bill to limit the Secretary of ting the Department’s final rule — Special REPORTS OF COMMITTEES ON the Air Force from retiring or transferring Local Regulations; 2012 Ironman 70.3 Miami, PUBLIC BILLS AND RESOLUTIONS certain aircraft of the Air National Guard or Biscayne Bay; Miami, FL [Docket No.: Under clause 2 of rule XIII, reports of Air Force Reserve; to the Committee on USCG-2012-0559] (RIN: 1625-AA08) received committees were delivered to the Clerk Armed Services. December 11, 2012, pursuant to 5 U.S.C. By Mr. SCOTT of Virginia (for himself, for printing and reference to the proper 801(a)(1)(A); to the Committee on Transpor- Mr. WOLF, and Mr. CUMMINGS): tation and Infrastructure. calendar, as follows: H.R. 6691. A bill to establish and operate a 8887. A letter from the Attorney Advisor, Mr. BONNER: Committee on Ethics. In the National Center for Campus Public Safety; Department of Homeland Security, transmit- Matter of Allegations Relating to Represent- to the Committee on the Judiciary.

VerDate Mar 15 2010 23:36 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H20DE2.REC H20DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7424 CONGRESSIONAL RECORD — HOUSE December 20, 2012 By Mr. CLARKE of Michigan (for him- By Mr. YOUNG of Florida (for himself for the benefit of an Indian tribe, meaning self, Ms. SCHAKOWSKY, Mr. SABLAN, and Ms. MATSUI): the federal government would hold title to Ms. LEE of California, Mr. CLEAVER, H.R. 6702. A bill to amend the National the land in trust on behalf of the tribe, it is and Ms. CLARKE of New York): Organ Transplant Act to prevent the sale of important to note that Congress has the ex- H.R. 6692. A bill to amend the Balanced bone marrow and umbilical cord blood, and press constitutional authority to manage Budget and Emergency Deficit Control Act for other purposes; to the Committee on En- and convey federal lands, pursuant to Article of 1985 to exempt the Substance Abuse and ergy and Commerce. IV, Section 3, Clause 2: Mental Health Services Administration By Ms. NORTON: ‘‘The Congress shall have Power to dispose (SAMHSA) from sequestration; to the Com- H. Res. 842. A resolution recognizing the of and make all needful Rules and Regula- mittee on the Budget. contributions of Senator Joseph I. Lieber- tions respecting the Territory or other Prop- By Mr. CONNOLLY of Virginia: man to the nation and to the equal rights erty belonging to the United States.’’ H.R. 6693. A bill to amend the Animal Wel- and general welfare of the citizens of District By Mr. KUCINICH: fare Act to provide for the protection of of Columbia; to the Committee on Oversight H.R. 6697. birds, rats, and mice, and for other purposes; and Government Reform. Congress has the power to enact this legis- to the Committee on Agriculture. f lation pursuant to the following: By Mr. FINCHER: Article 1, Section 8, Clause III and/or Arti- H.R. 6694. A bill to amend the definition of CONSTITUTIONAL AUTHORITY cle 1, Section 8, Clause IIXX of the Constitu- mortgage originator under the Dodd-Frank STATEMENT tion. Wall Street Reform and Consumer Protec- Pursuant to clause 7 of rule XII of By Mr. SMITH of New Jersey: tion Act to include certain employees of a H.R. 6698. retailer of manufactured homes; to the Com- the Rules of the House of Representa- Congress has the power to enact this legis- mittee on Financial Services. tives, the following statements are sub- lation pursuant to the following: By Mr. GARRETT: mitted regarding the specific powers Article I, Section 8, Clause 3 H.R. 6695. A bill to amend the Securities granted to Congress in the Constitu- To regulate Commerce with foreign Na- Investor Protection Act of 1970 to confirm tion to enact the accompanying bill or tions, and among the several States, and that a customer’s net equity claim is based joint resolution. with the Indian Tribes. on the customer’s last statement and that Article I, Section 8, Clause 18 certain recoveries are prohibited, to change By Mr. LATHAM: To make all laws which shall be necessary H.R. 6690. how trustees are appointed, and for other and proper for carrying into execution the Congress has the power to enact this legis- purposes; to the Committee on Financial foregoing powers, and all other powers vest- lation pursuant to the following: Services. Article 1, Section 8 of the Constitution of ed by this Constitution in the government of By Mr. GOSAR (for himself and Mr. the United States. the United States, or in any department or SCHWEIKERT): By Mr. SCOTT of Virginia: officer thereof. H.R. 6696. A bill to direct the Secretary of H.R. 6691. By Mr. TURNER of Ohio: the Interior to take certain land located in Congress has the power to enact this legis- H.R. 6699. Pinal County, Arizona, into trust for the lation pursuant to the following: Congress has the power to enact this legis- benefit of the Gila River Indian Community, Clause 1 of section 8 of article I of the Con- lation pursuant to the following: and for other purposes; to the Committee on stitution Article I, Section 8, Clause 3 of the Con- Natural Resources. Clause 18 of section 8 of article I of the stitution: The Congress shall have Power By Mr. KUCINICH: Constitution . . . To regulate Commerce with foreign Na- H.R. 6697. A bill to amend the citizen suit By Mr. CLARKE of Michigan: tions, and among the several States, and provisions in several statutes to impose an H.R. 6692. with the Indian Tribes. additional award to prevailing plaintiffs; to Congress has the power to enact this legis- By Mr. WELCH: the Committee on Energy and Commerce, lation pursuant to the following: H.R. 6700. and in addition to the Committees on the Ju- Article I, Section 8, Clause 1 and Article I, Congress has the power to enact this legis- diciary, Transportation and Infrastructure, Section 9, Clause 7 of the United States Con- lation pursu the following: and Natural Resources, for a period to be stitution Article 1, Section 8, Clause 18: The Con- subsequently determined by the Speaker, in By Mr. CONNOLLY of Virginia: gress shall have Power To . . . make all each case for consideration of such provi- H.R. 6693. Laws which shall be necessary and proper for sions as fall within the jurisdiction of the Congress has the power to enact this legis- carrying into Execution the foregoing Pow- committee concerned. lation pursuant to the following: ers, and all other Powers vested by this Con- By Mr. SMITH of New Jersey: Section 8 of Article I of the Unites States stitution in the Government of the United H.R. 6698. A bill to direct the President to Constitution States, or in any Department or Officer submit to Congress a report on fugitives cur- By Mr. FINCHER: thereof . . . rently residing in other countries whose ex- H.R. 6694. By Mr. YOUNG of Alaska: tradition is sought by the United States and Congress has the power to enact this legis- H.R. 6701. related matters; to the Committee on For- lation pursuant to the following: Congress has the power to enact this legis- eign Affairs. Article 1, Section 8. lation pursue t to the following: By Mr. TURNER of Ohio: By Mr. GARRETT: Article I, Section 8, Clause 14 H.R. 6699. A bill to provide certain assist- H.R. 6695. To make Rules for the Government and ance to North Atlantic Treaty Organization Congress has the power to enact this legis- Regulation of the land and naval Forces. allies; to the Committee on Energy and Com- lation pursuant to the following: Article IV, Section 3, Clause 2 merce, and in addition to the Committee on Article I, Section 8, Clauses 1 (‘‘The Con- The Congress shall have Power to dispose Foreign Affairs, for a period to be subse- gress shall have Power To lay and collect of and make all needful Rules and Regula- quently determined by the Speaker, in each Taxes, Duties, Imposts and Excises, to pay tions respecting the Territory or other Prop- case for consideration of such provisions as the Debts and provide for the common De- erty belonging to the United States, and fall within the jurisdiction of the committee fense and general Welfare of the United nothing in this Constitution shall be so con- concerned. States; but all Duties, Imposts and Excises strued as to Prejudice any Claims of the By Mr. WELCH (for himself, Mr. CON- shall be uiiform throughout the United United States, or of any particular State. NOLLY of Virginia, and Ms. LEE of States’’), 3 (‘‘To regulate Commerce with for- By Mr. YOUNG of Florida: California): eign Nations, and among the several States, H.R. 6702. H.R. 6700. A bill to amend the Internal Rev- and with the Indian Tribes’’), and 18 (‘‘To Congress has the power to enact this legis- enue Code of 1986 to disallow deductions for make all Laws which shall be necessary and lation pursua the following: the payment of punitive damages, and for proper for carrying into Execution the fore- Article 1 Section 8 of the United States other purposes; to the Committee on Ways going Powers, and all other Powers vested by Constitution. and Means. this Constitution in the Government of the f By Mr. YOUNG of Alaska: United States, or in any Department or Offi- H.R. 6701. A bill to provide for the contin- cer thereof’’). ADDITIONAL SPONSORS ued lease or eventual conveyance of certain By Mr. GOSAR: Under clause 7 of rule XII, sponsors Federal land within the boundaries of Fort H.R. 6696. Wainwright Military Reservation in Fair- Congress has the power to enact this legis- were added to public bills and resolu- banks, Alaska; to the Committee on Natural lation pursuallt tOt the following: tions as follows: Resources, and in addition to the Committee ‘‘The Congress shall have the power to . . . H.R. 308: Ms. BORDALLO, Mr. DAVIS of Illi- on Armed Services, for a period to be subse- regulate commerce with foreign nations, and nois, Mr. SMITH of Washington, Ms. KAPTUR, quently determined by the Speaker, in each among the several states, and with the In- Mr. COURTNEY, Mr. THOMPSON of California, case for consideration of such provisions as dian tribes;’’ Mr. ANDREWS, Mr. BRALEY of Iowa, Mr. fall within the jurisdiction of the committee Additionally, since this bill directs the WATT, Mr. CURSON of Michigan, Mr. BOS- concerned. Secretary of Interior to take lands into trust WELL, and Mr. SABLAN.

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H.R. 591: Mr. LEVIN, Mr. MARKEY, Mr. PAL- BISHOP of New York, Mr. ACKERMAN, Ms. H.R. 6659: Mr. CLEAVER, Mr. JOHNSON of LONE, and Mr. PASTOR of Arizona. SCHWARTZ, Ms. LEE of California, Mr. POLIS, Georgia, Mr. SCHIFF, and Mr. PAYNE. H.R. 751: Mr. LOEBSACK and Mr. LEWIS of and Mr. HIMES. H.R. 6660: Mr. BOUSTANY and Mr. LARSEN of Georgia. H.R. 6043: Mr. ROE of Tennessee. Washington. H.R. 6174: Ms. LORETTA SANCHEZ of Cali- H.R. 1054: Ms. BASS of California. H. Res. 220: Mr. HIMES. H.R. 1182: Mr. YODER. fornia. H. Res. 823: Mr. RIVERA, Ms. MATSUI, and H.R. 1781: Mr. PASTOR of Arizona. H.R. 6241: Mr. PERLMUTTER. Mr. SABLAN. H.R. 2033: Ms. WASSERMAN SCHULTZ. H.R. 6299: Mr. ROKITA, Mr. GRIFFIN of Ar- H.R. 2069: Mr. BOREN. kansas, Mr. BERG, Mr. TURNER of New York, H. Res. 826: Mr. AMODEI and Mr. CARTER. H.R. 2104: Mr. ROE of Tennessee and Mr. and Ms. HAYWORTH. H. Res. 834: Mr. WALBERG, Mr. DENHAM, Mr. TIERNEY. H.R. 6311: Mr. ELLISON. MILLER of Florida, Ms. HANABUSA, Mr. PAS- H.R. 2554: Ms. MOORE, Ms. LEE of Cali- H.R. 6589: Mr. DOGGETT and Mr. CUELLAR. CRELL, Mr. BACHUS, Mrs. LUMMIS, Mr. fornia, and Mr. SCOTT of Virginia. H.R. 6597: Mr. GARDNER, Mr. HOLT, and Mr. HULTGREN, Ms. MATSUI, Mr. HANNA, Mr. H.R. 2721: Ms. BONAMICI. TIBERI. MICA, Mr. AUSTIN SCOTT of Georgia, Ms. H.R. 2775: Ms. LEE of California and Ms. H.R. 6646: Mr. SCHWEIKERT, Mr. TIPTON, Mr. WASSERMAN SCHULTZ, Mr. KINZINGER of Illi- BASS of California. BROUN of Georgia, Mr. ROSS of Florida, Mr. nois, Mr. RUNYAN, Mr. WILSON of South Caro- H.R. 3015: Ms. DEGETTE. WILSON of South Carolina, Mrs. ADAMS, and lina, Mr. CICILLINE, Mr. HASTINGS of Florida, H.R. 3704: Ms. ZOE LOFGREN of California. Mr. WEBSTER. Mr. SOUTHERLAND, Mr. SCALISE, Mr. ROYCE, H.R. 4103: Mr. ENGEL, Mr. COURTNEY, Ms. H.R. 6658: Mr. CLEAVER, Mr. JOHNSON of Mr. DUFFY, Mr. SMITH of New Jersey, and MCCOLLUM, Mr. CONYERS, Mrs. MALONEY, Mr. Georgia, and Mr. PAYNE. Mr. KEATING.

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Vol. 158 WASHINGTON, THURSDAY, DECEMBER 20, 2012 No. 165 Senate The Senate met at 11 a.m. and was Senator from the State of Ohio, to perform we want to be able to get home for a called to order by the Honorable the duties of the Chair. few days for Christmas, even though we SHERROD BROWN, a Senator from the PATRICK J. LEAHY, will be back on the Thursday after State of Ohio. President pro tempore. Christmas. Mr. BROWN of Ohio thereupon as- f PRAYER sumed the chair as Acting President pro tempore. TRIBUTES TO DEPARTING The Chaplain, Dr. Barry C. Black, of- SENATORS fered the following prayer: f JEFF BINGAMAN Let us pray. RECOGNITION OF THE MAJORITY Mr. REID. Mr. President, I wish to O God, whose mercy exceeds our sins, LEADER we thank You for the failures that take a few minutes today to honor my drive us again and again to You for for- The ACTING PRESIDENT pro tem- colleague, the senior Senator from New giveness and restoration. May we see in pore. The majority leader is recog- Mexico, JEFF BINGAMAN, as he retires our setbacks opportunities for growth nized. from a long career of service to our and progress. f country. Lord, change our lawmakers not For 30 years Senator BINGAMAN has MODIFICATIONS TO been a dedicated representative of the from what they were but toward what AMENDMENTS—H.R. 1 they really are: generous, wise, and re- people of New Mexico, but for 26 of sponsible stewards of Your bountiful Mr. REID. Mr. President, I ask unan- those years he was the junior Senator grace. Keep us from becoming a coun- imous consent that the clerk be au- from New Mexico. The only person I try that wants to feel good rather than thorized to modify the instruction know of who was a junior Senator be good, as You empower us to live lines on amendments proposed to the longer than Senator BINGAMAN was worthy of our forebears who sacrificed substitute amendment No. 3395. Fritz Hollings. He was a junior Senator so much for freedom. The ACTING PRESIDENT pro tem- for many decades to Strom Thurmond. We pray in Your great Name. Amen. pore. Without objection, it is so or- But 26 years as a junior Senator still dered. makes you a fairly senior Senator. f f JEFF served alongside Senator Pete Domenici, the longest serving Senator PLEDGE OF ALLEGIANCE SCHEDULE in New Mexico’s history. Until 2009 he The Honorable SHERROD BROWN led Mr. REID. Mr. President, following was the most senior junior Senator. the Pledge of Allegiance, as follows: leader remarks, the Senate will resume JEFF BINGAMAN has never been one to I pledge allegiance to the Flag of the consideration of H.R. 1, which is the get hung up on titles and credits. If United States of America, and to the Repub- legislative vehicle for the supplemental there was ever a conscience of this lic for which it stands, one nation under God, appropriations bill involving the ter- body, it is JEFF BINGAMAN, a man who indivisible, with liberty and justice for all. rible storm that struck New England. has been called by others, including The filing deadline for the first-degree f Byron Dorgan, a workhorse. That is amendments is 1 p.m. today. We will really true. For three decades he has APPOINTMENT OF ACTING work on an agreement for amendments quietly but diligently fought for the PRESIDENT PRO TEMPORE in order to complete action on the bill. people of New Mexico and this country. We are also hopeful that we can com- American industrialist Henry Kaiser The PRESIDING OFFICER. The plete the extremely important Defense once gave this bit of advice: ‘‘When clerk will please read a communication authorization bill today, and we are your work speaks for itself, don’t inter- to the Senate from the President pro moving forward on FISA today. We are rupt.’’ And that is JEFF BINGAMAN. tempore (Mr. LEAHY). moving forward one way or the other. I That could have been written for JEFF The bill clerk read the following let- hope we can get an agreement to move BINGAMAN by Henry Kaiser. That has ter: forward. If not, we will move forward been JEFF BINGAMAN’s motto for years. U.S. SENATE, without an agreement. He is not one for flashy press con- PRESIDENT PRO TEMPORE, We will need everyone to pay atten- ferences. Most of the time he is too Washington, DC, December 20, 2012. To the Senate: tion as they always do but maybe more busy. Under the provisions of rule I, paragraph 3, so today. There are a lot of things JEFF learned humility in the small of the Standing Rules of the Senate, I hereby going on here, and people need to un- town of Silver City, NM, where he grew appoint the Honorable SHERROD BROWN, a derstand that we have things to do if up. His father was a professor and his

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

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They have been playing Lucy degree from both of them, Harvard and and visit with me often, but when JEFF and the football with the American Stanford. BINGAMAN wanted to see me, I knew people for months. They have said no At Stanford, where he was going to immediately that he had thought to every single proposal that has been law school, he met his wonderful wife through and knew what he wanted to offered to avoid this tax hike, includ- Anne. I have such warmth for this talk about and knew what he wanted ing their own. They are running out woman. We have traveled together. I me to help him with. I think so much the clock, moving the goalposts, sit- can remember trips we took on Senate of him, I admire him, and I appreciate ting on their hands. They aren’t doing codels; she was always the life of the him. I will always remember this good anything. party. She is a great match for JEFF— man and the work he has done. I am Well, I say enough. Enough. The time JEFF being quiet, subdued; Anne, not sorry to see this brilliant, hard-work- for games is over. The President may always so. I love them both. Anne is a ing leader depart this body. want to soak the American people to political powerhouse in her own right. When JEFF announced his retirement fund his vision of a social welfare state, She served 3 years as head of the Anti- a couple years ago, this is what he said: but we are not going to let him do it. trust Division of the Department of It is not easy to get elected to the Senate, Later today Republicans in the Justice under President Bill Clinton. and it is not easy to decide to leave the Sen- House will pass a bill that protects After they finished their law degrees, ate. There is important work that remains more than 99 percent—99 percent—of JEFF and Anne returned to New Mex- to be done. That is true today, and it will be Americans from the tax hike Demo- ico, and they both entered the private the case at the end of this Congress. It will crats want to slap them with within 2 practice of law. There, JEFF spent 6 be true at the end of every future Congress weeks. The House bill will protect 99 as well. years in the Army Reserve, and at that percent of America’s taxpayers from time he and Anne had their son John. Again, he hit the mark: There is the tax hike that is coming in 2 weeks. Senator BINGAMAN served a year as as- plenty of important work left to be As I have said endlessly, we don’t sistant attorney general before being done. I am only sorry he won’t be here want to see taxes go up on anybody or elected attorney general of New Mexico to help us do that work. anything. The problem isn’t that gov- in 1978. Four years later he was elected I congratulate Senator BINGAMAN and ernment taxes too little, it is that it to the U.S. Senate. his wife Anne on their long, productive spends too much. The problem isn’t As time evolves here, you see it in careers. I wish them the very best in that government taxes too little, it is the face of our children. I can remem- the years to come. that it spends too much. ber that when I first came to this body, f But the President is determined to JEFF had already been here 4 years. We RECOGNITION OF THE leap off the cliff. Well, we are not going had our Senate retreats, and there was REPUBLICAN LEADER to let him take the middle class with little John, and I watched him grow as him. We are going to do everything we we did the retreats. I saw him just a The ACTING PRESIDENT pro tem- can to protect the American people short time ago, this handsome young pore. The Republican leader is recog- from this scheme. man, now working on his own in New nized. There is no reason in the world that York in a very important job. f Democrats actually shouldn’t join us. I In addition to being a committed ad- PLAN B have literally a book of quotes from vocate for the people of New Mexico, Democrats saying they want to protect JEFF has been a distinguished chair- Mr. MCCONNELL. Mr. President, I the middle class. man of the Energy and Natural Re- wish to start out today with a little It was the theme of the recently com- sources Committee. As chairman, he context. pleted campaign. Well, here is your has pushed for solutions to perhaps the For more than a year, President chance. We are at the end of the line. greatest crisis of our time: global cli- Obama and Democrats in Congress We have one chance to put your money mate change. He has run into brick have known, as well as I have, that where your mouth is and that is by walls many times. As the Presiding Of- every single taxpayer is scheduled to voting on the bill the House sends over ficer knows, it has been difficult to get get slammed with an automatic tax later today. much done. But it is not because JEFF hike on January 1, and for an entire It will be, obviously, up to the major- BINGAMAN hasn’t tried. I am so dis- year, they have been running out the ity leader to act. Will the majority appointed that JEFF is leaving that clock. leader act to protect the American tax- committee with so much unfinished Think about it. For President payers? Will he sit on his hands and do work. Certain Senators have held up Obama, there is no better outcome absolutely nothing? Will the Senate hundreds of bills in that committee. than for taxes to go up on absolutely just sit back and watch the tax rates What a shame. But that is what has everybody. Why do I say that? Why go up or will the Senate act? Enough is happened. does the President want taxes to go up enough. Let’s get this done. Let’s show The Energy Policy Act of 2005— on absolutely everybody? Because, the American people we are working on passed thanks to Senator BINGAMAN’s frankly, that is the only way to pay for their behalf. It is time to act to pre- leadership—changed the Federal Gov- the big government this President vent this tax increase on 99 percent of ernment’s role in energy policy. It cre- wants. You have to raise taxes on ev- America’s taxpayers. ated energy efficiency and renewable erybody—the super-rich, the rich, the I yield the floor. middle class, the lower class—you tax credits that have grown the crucial f green energy industry. He led that name it. Everybody has to have a tax charge. Two years later JEFF guided increase because if all you do is whack RESERVATION OF LEADER TIME Congress to raise vehicle fuel efficiency the so-called rich, you only get enough The ACTING PRESIDENT pro tem- standards for the first time in 32 years. money for about a week of government. pore. Under the previous order, the Senator BINGAMAN also serves on the If all you do is whack the super-rich, leadership time is reserved. Finance Committee. He is tireless you only get enough money for about a f there, whether working on week of government. So let’s be clear ObamaCare—and he was instrumental about this matter. He wants to soak DEPARTMENT OF DEFENSE in the progress of that, working with everybody, and there is only one way APPROPRIATIONS ACT Senator BAUCUS, Senator CONRAD, and to do it, and that is exactly what he The ACTING PRESIDENT pro tem- others. He has also served on the Joint gets if we do nothing. pore. Under the previous order, the

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I certainly wish JIM and for the fiscal year ending September 30, 2011, sionate advocate for family farms and Hong Le all the best in the years and for other purposes. rural America, and he has been a lead- ahead. Pending: ing advocate for increasing the use of JOE LIEBERMAN Reid amendment No. 3395, in the nature of clean, renewable biofuels in order to Mr. President, with the close of the a substitute. decrease our Nation’s dependence on 112th Congress, our friend and col- Reid amendment No. 3396 (to amendment foreign energy sources. league Senator JOE LIEBERMAN is retir- No. 3395), to change the enactment. As a member of both the Committee Reid amendment No. 3397 (to amendment ing after nearly a quarter century of No. 3396), of a perfecting nature. on Armed Services and the Committee dedicated service in this body to the Reid amendment No. 3398 (to the language on Veterans Affairs, no one has been a people of Connecticut and the United proposed to be stricken by amendment No. stronger supporter of both active duty States. 3395), to change the enactment date. and retired servicemembers. As we all know, Senator LIEBERMAN Reid amendment No. 3399 (to amendment BEN NELSON has been a successful is a fiercely independent Senator who No. 3398), of a perfecting nature. CEO of an insurance company, a pop- prides himself on speaking his con- Reid motion to commit the bill to the ular two-term governor of Nebraska, science and reaching across party lines Committee on Appropriations, with instruc- and, for the last 12 years, an accom- tions, Reid amendment No. 3400, to change in order to get things done. He is a the enactment date. plished and effective United States pragmatist, not a partisan. Yet he has Reid amendment No. 3401 (to (the instruc- Senator. He has been a wonderful hunt- never allowed his ideology or his party tions) amendment No. 3400), of a perfecting ing colleague of mine on more than one or what is popular to stand in the way nature. occasion. of doing what he believes is right for Reid amendment No. 3402 (to amendment Our friendship, of course, will con- Connecticut and the United States of No. 3401), of a perfecting nature. tinue. And I wish BEN and Diane the America. Mr. BARRASSO. Mr. President, I very best in the years ahead. In the years since Senator LIEBER- suggest the absence of a quorum. JIM WEBB MAN left the Democratic Party to be- The ACTING PRESIDENT pro tem- Mr. President, in these final days of come an independent, he has some- pore. The clerk will call the roll. the 112th Congress, the Senate is bid- times disagreed with his colleagues on The assistant legislative clerk pro- ding farewell to a very special member, this side of the aisle, but he has never ceeded to call the roll. the junior Senator from Virginia, Sen- been disagreeable. To the contrary, he Mr. HARKIN. Mr. President, I ask ator JIM WEBB. has been unfailingly decent, gracious, unanimous consent the order for the He came to this body with unique and reasoned. He has been unfailingly a quorum call be rescinded. and extraordinary credentials: a grad- gentleman and a friend, a person with The ACTING PRESIDENT pro tem- uate of the Naval Academy and first in a great sense of humor and always has pore. Without objection, it is so or- his class of 243 at the Marine Corps of- a smile. It is these sterling personal dered. ficer school at Quantico, a much-deco- qualities that are a big reason he will f rated combat veteran of the Vietnam be greatly missed by Senators on both TRIBUTES TO DEPARTING War, and Secretary of the Navy during sides of the aisle. SENATORS the Reagan administration. During his four terms in this body, I would point out one more of his Senator LIEBERMAN has earned a rep- BEN NELSON sterling credentials. I guess I can say utation as one of the Senate’s most in- Mr. HARKIN. Mr. President, with the this now, because he is retiring, and a fluential and knowledgeable voices on retirement of Senator BEN NELSON at political opponent will not use it interests of national security. In the the close of the 112th Congress, the against him: JIM WEBB is an intellec- wake of the attacks of 9/11, he was the Senate will lose one of its most re- tual with a passion for ideas and lead sponsor of the bill to establish the spected members, and a distinguished knowledge. For goodness sake, he Department of Homeland Security. As career in formal public service will writes books, excellent books, the kind chairman of Homeland Security and come to an end. I use that adjective that win glowing reviews in the New Governmental Affairs, Senator LIEBER- ‘‘formal,’’ because it’s hard to imagine York Times, and get turned into docu- MAN has been a vigilant leader in safe- BEN NELSON not finding new avenues mentaries on the Smithsonian Chan- guarding America. for public service as a private citizen in nel. Throughout his distinguished tenure the years ahead. Senator WEBB has put this past expe- in this body—and before that as a Con- Senator NELSON and I come from rience to superb use here in the Senate necticut State senator and attorney neighboring States in the rural, upper as an active member of the Committee general—JOE LIEBERMAN has been a Midwest, and we have much in com- on Armed Services, the Committee on proud and principled progressive with a mon. But we differ in at least one re- Veterans Affairs, and the Committee passion for social and economic justice spect: I come from the small town of on Foreign Affairs. for all Americans. Cumming, IA, population 351; BEN To his great credit, before coming to To cite just one example: Senator comes from the big city, McCook, NE, the Senate, he was an outspoken critic LIEBERMAN deserves enormous credit population 8,000. of the invasion of Iraq, warning that it for introducing and successfully cham- Senator NELSON is often described as would be a unilateral war with no exit pioning legislation to repeal the mili- one of the most conservative Demo- strategy. After the invasion, he was tary’s discriminatory don’t ask, don’t crats in the Senate, frequently voting equally outspoken in challenging the tell policy, which banned patriotic gay with the minority party. I prefer to de- Bush administration’s conduct of that and lesbian Americans from serving scribe him simply as the most inde- war. openly in our Armed Forces. pendent Democrat in the Senate, a pro- At the same time, as a member of the As we all know, JOE LIEBERMAN is a gressive at heart who—like so many Committee on Veterans Affairs, he person of deep faith, a faith that in- from our part of the country—is also worked hard to pass legislation to pro- spires him to public service and in- deeply imbued with respect for tradi- vide enhanced education benefits for forms his progressive vision for Amer- tional values and fiscal prudence. veterans, a 21st century GI Bill, for ica. Last January, when he announced As we all know, Senator NELSON those who have served in the military his decision to retire, he said: prides himself on reaching across the since the attacks of 9/11. I go forward with a tremendous sense of aisle to get things done. He is a prag- I admire JIM WEBB as a friend and gratitude for the opportunities I have had to matist, not a partisan. He has never al- colleague. I have the greatest respect make a difference.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8238 CONGRESSIONAL RECORD — SENATE December 20, 2012 With Senator LIEBERMAN’s retire- sentiments expressed by a number of which provides compensation for the ment in the days ahead, a truly distin- my colleagues. eligible livestock producers who have guished career in formal public service Senator Inouye was a man of courage suffered in critical places such as Ne- will come to an end. I use the adjective and wisdom. He represented his State braska which has been hard hit by the formal because it is hard to imagine and country proudly. He will be sin- drought and wildfires this summer, not that JOE LIEBERMAN will not be finding cerely missed. to mention the continuing drought at new avenues for public service as a pri- As everyone knows, today Senator this time. vate citizen. Inouye lies in state just a few steps I could go on regarding all the major Senator LIEBERMAN’s career in this away from this Chamber. It is an honor reforms and improvements that the body will end, but our friendship will the very few—only 31—have ever re- Senate farm bill makes to conserva- continue. I know that his smile and his ceived. I feel privileged to have had the tion, rural development, renewable gracious unfailingly gentlemenly ways opportunity to serve with the Senator. fuels, in addition to the reforms of the will also continue. I wish JOE and Ha- I thank him for his friendship and guid- commodities and livestock programs. dassah much happiness in the years ance and offer the most sincere condo- However, without the House acting on ahead. lences to his family. any farm bill legislation—let alone the I yield the floor and note the absence THE FARM BILL Senate bill which is a solid reform- of a quorum. I appreciate the opportunity to make minded bill, which strikes the right The ACTING PRESIDENT pro tem- those remarks, and I would now like to balance between the need to cut spend- pore. The clerk will call the roll. turn to the farm bill, which is a crit- ing while maintaining a strong safety Mr. NELSON of Nebraska. Mr. Presi- ical piece of legislation in the Senate. net—it will all be for naught. It is dis- dent, I ask unanimous consent that the We produced a bipartisan bill that cuts appointing that jobs and our Nation’s order for the quorum call be rescinded. spending by $23 billion. Agriculture stable supply of food, feed, fuel, and The ACTING PRESIDENT pro tem- represents 2 percent of the Nation’s fiber continues to be put at risk be- pore. Without objection, it is so or- budget, and $23 billion represents 2 per- cause of inactions spurred on by par- dered. cent of the spending cuts proposed in tisan gamesmanship. Mr. NELSON of Nebraska. First, I the deficit legislation Congress worked As we seek to find commonsense so- want to thank my colleague and neigh- on last year but could not pass because lutions to the fiscal and legislative bor Senator HARKIN for his timely re- of extreme partisanship. challenges before us in Congress, I urge marks, and particularly for noting that As we work in these final days to the House to now act on the 5-year we have been hunting partners. As a reach a deal on how best to reduce farm bill. It will help us achieve sav- matter of fact, that has been in the spending in government and set a tra- ings, bring needed reforms to com- news today. Not only has Senator HAR- jectory for the future, I am dis- modity programs, and provide our Na- KIN noted our exploits together, but in appointed that the House was unable, tion’s farmers, ranchers, and rural this morning’s Washington Post the or perhaps unwilling, to follow the ex- communities the certainty they need senior Senator from New York noted ample the Senate has given. By moving to continue to be the world leader in that I have taken him pheasant hunt- forward in passing a farm bill, we agricultural production. ing in Nebraska as well. I am going to would save money, create a market- I yield the floor and note the absence be known not only for my hair but per- oriented safety net, eliminate direct of a quorum. The ACTING PRESIDENT pro tem- haps for hunting as well, so I appre- farm subsidy payments, streamline, pore. The clerk will call the roll. ciate that. simplify, and consolidate programs. It The legislative clerk proceeded to Mr. HARKIN. Would the Senator would also create jobs our economy call the roll. yield? needs to grow. Mr. DEMINT. Mr. President, I ask Mr. NELSON of Nebraska. Of course. I am disappointed this is not moving unanimous consent that the order for Mr. HARKIN. The Senator has been a forward. The House’s inaction is caus- the quorum call be rescinded. great friend. I enjoyed hunting with ing a continuing uncertainty for our The ACTING PRESIDENT pro tem- my friend before, and I read that in the Nation’s producers as they begin to pore. Without objection, it is so or- paper before about Senator SCHUMER plan for the next planting year. It also dered. going out. affects our financial institutions which f Here is a real test for my friend from provide lending for our farmers, ranch- Nebraska: Aren’t I a better shot than ers, and small-town rural businesses FAREWELL TO THE SENATE CHUCK SCHUMER? that benefit from the commerce pro- Mr. DEMINT. Mr. President, I would Mr. NELSON of Nebraska. He noted vided by a strong agricultural econ- like to give my farewell address. We that he learned to shoot at camp and omy. spent a lot of time in my office writing that he was a marksman, so that is Unfortunately, this comes at a time out a long speech. However, once I read probably a dispute I should not get in when farms throughout the entire it, I realized it is more emotional than the middle of. State of Nebraska and across the coun- I thought, and we set that speech aside. Mr. HARKIN. No, the Senator doesn’t try are also dealing with the worst Last night I made a lot of notes of want to get in the middle of that. drought conditions since the 1930s. The what I wanted to say, and then I real- Mr. NELSON of Nebraska. I thank Senate farm bill addresses this crisis ized this morning that I was just trying the Senator very much for his kind re- through the elimination of subsidies, to get the last word on a lot of the poli- marks. replacing them with the Agriculture tics we have been discussing, so I set It is, obviously, a difficult time to Risk Coverage, or what is known as the that aside and decided to speak from speak about leaving the Senate, and I ARC, Program. It is a program that my heart. did that earlier. I leave with a great provides producers with a market-ori- Certainly, this is much more emo- deal of melancholy and with a lot of ented, straightforward choice to deter- tional than I thought, and as I look friends and a lot of hope for the future mine how best to manage their oper- around this room, the realization that of our country. ations risks. The safety net is then bol- I am standing on the Senate floor DAN INOUYE stered by expanded access to profit speaking for the last time is a lot to di- I rise today to express my support for shares, which serves as the focal point gest. It makes me very appreciative of passage of a 5-year farm bill and call on of risk management and will ensure the privilege we have all been given by the House to act on this critical piece that farmers are not wiped out by se- the American people, and particularly of legislation before Congress adjourns vere weather or economic conditions. those who have come before us and who this year. The Senate farm bill also reauthor- have given their lives for us to have However, first I would like to briefly izes the 2008 farm bill permanent dis- the opportunity to settle our dif- note how sorry I am at this moment— aster relief programs and makes them ferences in a civil and democratic way. as I know we all are—about the passing retroactive to cover producers harmed This is a great opportunity and privi- of our good friend, Senator Dan Inouye. by the 2012 drought. This includes the lege to share a few thoughts before I go I would like to briefly reiterate the Livestock Forage Disaster Program, on to the next phase of my life.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8239 First, I have to give a particular served with, have such a passion for That is what I wish to talk about for thanks to my wife Debbie, who, for the our country and freedom and they are a second today; not political ideas but last 15 years, has spent many days and willing to put it all on the line to make ideas where we can look back through nights alone as I have tried to change a difference here. They feel a lot like history and all around us today and things in Washington. She has often re- my family, and I am certainly going to point to them and say, That is work- minded and questioned me how I miss them, but it is encouraging to ing. I think if we did that more here in thought I could change the world when watch them moving to other office, the political sphere, we might find a I could not even mow the grass. But taking their ideas and that courage to lot more consensus. she has been a supporter and certainly other places on the Hill. As we look around the country today, so important as I left my children, who I want to add my thanks to all the we can see a lot of things that are were still in school when I began serv- Hill staff, the folks sitting in the front working. Sometimes we couch them in ing in the House, keeping them on the here and those who have worked with our political rhetoric, but I can guar- right track. I particularly wanted to us. I know sometimes we have pushed antee my colleagues they are not being thank them. the envelope a little bit on things we done for political reasons at the State All of those who serve here know were trying to get done, and I have level; they are being done because they that when we sign up for public life, we seen a lot of very intelligent, active, work and they have to get things to also sign our families up for public life. and engaged staff all across the Hill, work at the State level. both Democrat and Republican, and I In a lot of ways it makes their lives We saw last week the State of Michi- much more difficult. So I want to am very thankful for what they do. About 15 years ago, I started cam- gan adopted a new law that gave work- thank my children, my wife Debbie, ers the freedom not to join a union. and my family for putting up with this paigning for the House. I had never run for public office. At that time, I be- They didn’t do it because it was politi- and being so supportive of me. cally expedient or because they I also have to thank the people of lieved—and I think it still holds true today—that there were normal people thought it was a good idea. Actually, it South Carolina who have entrusted me probably will get a lot of the politi- with this job in the Senate for the last such as myself and then there were politicians. I was a businessman. I had cians in hot water in Michigan. But 8 years, and in the House 6 years before what they did is looked at 23 other that. All of us who serve our States a small business for about 15 years. I had four children. I was active in my States that had adopted the same idea know that as we travel around and and saw they were attracting busi- meet people and tour businesses and church and in the community. I had begun to see that well-motivated, well- nesses and creating jobs, and these speak to groups, it creates a deep love States, without raising taxes, had more and appreciation for everyone back intended government policies were making it harder for us to do the revenue to build schools and roads and home. hospitals. It is just an idea that I look at what we are making in things at the community level we worked. It is not a political idea to South Carolina in these small busi- know actually worked. That is what I give people the freedom not to join a nesses. When we drive by we don’t have always been about here. It really union; it is an American idea and it is know anything is even there, and then was not about politics. I had no strong an idea that works. we go and find that they are making political affiliation before I decided to things and shipping them all over the run for office, but I saw ideas from the We can look around the country world. It makes me very proud of what time I was a young person. Ideas that today—and, again, we make these we are doing in South Carolina, and I worked. things political and give them labels I actually saw this statement the know everyone here feels the same way that are good or bad, depending on I other day which I wish to read because about their States. guess which party one belongs to—and I am very appreciative that the peo- it reflects what I think a lot of us see that a number of States have been ple of South Carolina have given me know works in our country. This is one very innovative and creative with what this opportunity. I am very grateful to thing I will try to read today: they are doing with education. We see my colleagues whom I have often I do not choose to be a common man. It is what they have done in Florida, cre- my right to be uncommon. If I can seek op- scrapped with on a lot of issues. I ap- ating more choices, and in Louisiana portunity, not security, I want to take the particularly, forced by Hurricane preciate their patience. I think I can calculated risk to dream and to build, to fail leave claiming to have good friends and to succeed. I refuse to barter incentive Katrina to start a new system, in ef- who are Democrats and Republicans. for dole. I prefer the challenges of life to fect. They see more choices and oppor- I am particularly grateful for a lot of guaranteed security, the thrill of fulfillment tunities for parents to choose are help- the new Senators. Some are sitting to the state of calm utopia. I will not trade ing low-income, at-risk kids, minority here today. I have had the opportunity freedom for beneficence, nor my dignity for kids. We can see it working. It is not to work with the folks in their States a handout. I will never cower before any political. It is an American idea to give master, save my God. It is my heritage to around the country. Their respective parents more choices to put their chil- stand erect, proud, and unafraid, to think dren in an environment where they can States have elected some new people to and act for myself, enjoy the benefit of my the Senate who are bringing the right creations, to face the whole world boldly and succeed. It is an idea that works. ideas and some new voices to those say, ‘‘I am a free American.’’ We can look around the country at principles that we know have made our I saw this on a plaque called ‘‘The States that try to create a more busi- country successful. So I feel as I leave American Creed.’’ In South Carolina, ness-friendly environment not because the Senate, it is better than I found it, at least, we have adopted this as what they are for businesses or for any polit- and that our focus now, despite the dif- we call ‘‘The Republican Creed.’’ But it ical reason, or they are for special in- ficult challenges, is on America and is really not a Republican idea or a po- terests, but because they know the how we turn America around. litical idea, it is an American idea. The only way to get jobs and prosperity and I also want to spend some time ideas in this statement are ideas we all create opportunity is to create an envi- thanking my staff. I have to say my know work, and ideas we would hope ronment where businesses can thrive. greatest inspirations have come from for our children and everyone around We make it political here and we ask the staff who I have had the oppor- us. We know there are people all our constituents to make choices be- tunity to serve with in the House and around us who are having difficulty, tween employers and employees, but in the Senate. As all of my colleagues but this idea of helping them to be- States such as Texas have created a know who are serving here in the Sen- come independent, self-sufficient, and business-friendly environment with ate, this country is being run by people responsible creates the dignity and ful- lower taxes and less regulation. They in their twenties and thirties who get fillment in their life that we know we have passed some laws that reduce the us so busy they have to follow us to want for all Americans. This is not for risk of frivolous lawsuits. What they meetings to tell us where we are going a small few. This is an American idea, have seen is businesses moving to their and what we will be talking about. But and it is an idea I know has worked in State. They have seen jobs and oppor- it is incredible to see that these young my life, and I have seen it work all tunity created not for the top 2 percent people, particularly those whom I have around me. but expanding a middle class, creating

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8240 CONGRESSIONAL RECORD — SENATE December 20, 2012 more opportunities and more tax reve- all over our country and showcase is working and set aside the politics nues to do the things at the State gov- these ideas that are working. I know and realize what makes the country ernment level that we all want for ev- there is power in ideas. However, I have great and strong is when we move dol- eryone who lives there. This is not for learned one thing about the political lars and decisions out of Washington a few; this is for 100 percent. environment: Unless there is power be- back to people and communities and We see specials now on TV comparing hind the ideas, they will not emerge States, it works not for 2 percent but California and Texas, businesses mov- here in the Congress. There is too for 100 percent of Americans. ing out and delegations from California much pressure from the outside to I feel our customers in the Senate, at going to Texas to try to figure out why maintain the status quo. No matter the Heritage Foundation or wherever businesses are moving and families are how much we show it is working, it we go are 100 percent of Americans for moving there. It is not political at all. won’t be adopted here unless we are whom these ideas can work to build a We make it political and we talk about able to win the argument with the better future and a stronger America. I it in political terms, but creating an American people. am not leaving the fight. I hope to environment where businesses can I spent most of my life in research raise my game in my next phase, and I thrive is an American idea and it is an and advertising and marketing and hope I can work more closely with all idea that is working. We see it all over strategic planning. What I hope I can of you, as well as Governors and State the country, where some States are do from this point is to take these legislators, to take these ideas and to going down one road, with higher ideas and policies I know work—and convince Americans, as well as their taxes, bigger government, and more the Heritage Foundation for 40 years legislators, their Senators, and their spending, and they are losing to States has been creating the research and Congressmen, that we have the solu- such as Texas, and I hope more and analyses that show these policies tions all around us if we have the cour- more like South Carolina. They are work—and what I hope I can do is to age to adopt them. moving to where they can thrive. This help connect those ideas with real peo- I thank you for this opportunity to benefits every American. ple, real faces, and to show these peo- serve. Certainly, I will miss my rela- We look at energy development and ple that these ideas are not theory, tionships. But I hope we will have the we talk about that at the national they are not political policies, but they opportunity to continue to work to- level of how it can create prosperity for are ideas that are working right in gether for what is the greatest country our country if we open it up. We don’t their State or the State right next to in the world, in what I believe is a gen- have to guess at whether it works. We them. If we can win the arguments, if eration that could be the greatest and can look at North Dakota, we can look we can win the hearts and the minds of most prosperous generation of all if we at Pennsylvania—States that have the American people with these ideas, I just look to the ideas that work. gone around the Federal rules and fig- know we can engage them and enlist Thank you, Madam President. I ured out how to develop their own en- them to convince all of my colleagues thank my colleagues. ergy and are creating jobs and tax rev- here to set the politics aside, the par- I yield the floor and suggest the ab- enue for their governments. They are ties aside, and to adopt those ideas sence of a quorum. able to lower their taxes and use the that work. My hope is to make con- The PRESIDING OFFICER (Mrs. revenue to improve everything about servative ideas so pervasive, so persua- HAGAN). The clerk will call the roll. their States. Here we make it political sive across the country that politicians The assistant legislative clerk pro- and partisan, whether our country can of all parties have to embrace those ceeded to call the roll. develop more energy, but at the State ideas to be elected. Mr. MCCAIN. Madam President, I ask level it is about what works. All we I am not leaving to be an advocate unanimous consent that the order for have to do is look at what works. for the Republican Party. I hope we the quorum call be rescinded. This is not rocket science. I came to can create more common ground be- The PRESIDING OFFICER. Without Washington as a novice in politics, be- tween the political parties by showing objection, it is so ordered. lieving in the power of ideas, seeing everyone that ideas that work for their Mr. MCCAIN. Madam President, I ask how ideas could revolutionize different constituents and our constituents are unanimous consent to speak as in industries, can create new products and right in front of our faces if we are morning business. services, meeting the needs of cus- willing to set aside the pressure The PRESIDING OFFICER. Without tomers everywhere. That is what I groups, the special interests, and just objection, it is so ordered. hoped we could do here in Washington. focus on what is working. TRIBUTES TO DEPARTING SENATORS Maybe naively, I went to work in the Over the next few years, we are going JOE LIEBERMAN House, often working with the Heritage to see more and more States doing the Mr. MCCAIN. Madam President, one Foundation, to create a better product right things, becoming more pros- of the most overused quotes about this here in Washington. I saw Social Secu- perous, creating a better environment town is Harry Truman’s observation rity—and not too many people look for people to live and work. We are years ago that if you want a friend in below the surface—but we knew it was going to see some States that will con- Washington, go out and get a dog. I going broke. We knew people were pay- tinue to raise taxes, to create more have spent a good many years here ing for this Social Security retirement regulations, and make it harder to now. I suppose there is a little truth in benefit, but we were spending it all. I start businesses and be profitable in that advice. Some Washington friend- thought, What an opportunity it would those States. They will continue to ships are a little like temporary alli- be for future generations—for my chil- lose businesses and people. Many of ances between nations that for a brief dren—if we actually saved what people those States will come to Washington period of time have mutual interests or were putting into Social Security for and ask us to help them out from their enemies. But not all friendships here their retirement, and we didn’t have to bad decisions. are like that, not all of them. do too much math to see that even for I hope at that point we can show, by Today I say a formal fond farewell to middle-class workers, Americans could pointing at these States and their right a departing colleague whose friendship be millionaires when they retired if we ideas, that we know the solutions at has been and will always be one of the even kept half of what was put into So- the State level and we also know we greatest treasures of my life. My friend cial Security for them. It seemed like a can change how we think at the Fed- Senator JOE LIEBERMAN is retiring good idea to create wealth and inde- eral level and make our country work from the Senate after 24 years of serv- pendence for individuals in retirement, a lot better. ice. Of course, he is not leaving, nor but we made it a political idea and I leave with a lot of respect for my will he ever leave, the affections of somehow convinced Americans it was colleagues. I know my Democratic col- those of us who have come to value riskier to save their Social Security leagues believe with conviction their him so highly as a statesman and as a contribution than it was to spend it. ideas, and I know my Republican col- friend, but we will not see him around I am leaving the Senate to work on leagues do too. But I hope we can look the place as much. ideas I know work. I have seen them at the facts. I hope we can look at the His office will not be near ours. We work all over our country. We can look real world. I hope we can look at what will not hear him speak from this floor

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8241 or in committee hearings. We will not that our constituents deserve and our pears that too many people in Wash- have the daily benefit of his counsel country needs more public officials ington are not serious about real solu- and his example. We will miss his con- who keep their priorities in the right tions to get us back on solid economic tributions to the Senate. We will miss order, as JOE always has, and who offer ground. The White House and Demo- his good humor, his wisdom, and sin- their respect for their colleagues with- crats in the Senate are still not focused cerity, especially in those moments out expecting anything in return but on spending cuts. They continue ignor- when we find ourselves again wrapped our respect. ing the real drivers of Washington’s around the axle of partisanship and We spent a lot of time together, JOE debt. politics has taken primacy over the and I. We have traveled many thou- We know what they are. They are Nation’s interests, when tempers are sands of miles together. We have at- out-of-control entitlement programs: frayed and we are consumed with put- tended scores of international con- Social Security, Medicare, and Med- ting each other at a disadvantage. That ferences together, met with dozens of icaid. Until we find a way to save and is when we will miss him the most, on world leaders, with human rights activ- strengthen these programs, no amount those occasions when JOE’s thoughtful- ists, and the occasional autocrat. We of tax revenue will be able to match ness and patriotism stirred him to re- have visited war zones, shared the ex- the increases in entitlement spending. mind us again, as he did earlier this traordinary experience with equal According to the latest numbers from week, that the public trust and not our parts gratitude and awe of talking with the Congressional Budget Office, the party’s fortunes is our most important and hearing from the Americans who problem is actually getting worse. responsibility. risk everything so the rest of us may In its monthly budget review for De- JOE’s presence, his wit and courtesy be secure in our freedom. cember, the Congressional Budget Of- and kindness have improved the con- I have been able to study JOE at close fice said the budget deficit for just the viviality of our institution. But more quarters. He has never failed to im- first 2 months of this fiscal year was than that, he has set an example that press me as a dedicated public servant, already $292 billion. When we take a I think our constituents surely wish a loyal friend, a considerate gen- look at that and compare this pace, we more of us would emulate. It is his con- tleman, a kind soul, and very good will record our fifth straight year of a science and devotion to America, not company. I have also been privileged to trillion-dollar deficit. his party affiliation, that has inspired witness the sincerity of his faith. I In just October and November alone, his work. have awaken in the middle of the night which are the first 2 months of this fis- He has been a very accomplished leg- on a long plane ride to find JOE in his cal year, we are already $300 billion in islator and a recognized leader on na- prayer shawl, talking to the God he the red. Total outlays for those 2 tional security issues. He is a nation- tries very hard to serve faithfully months were $638 billion. That is an in- ally prominent politician, majority every day. I have witnessed the lengths crease of almost 4 percent over the leader in his State senate, the attorney he goes to always keep the Sabbath, same period 1 year ago. This increase general of the State of Connecticut, and occasionally I have even filled in in spending is much faster than the elected to the Senate of the United as his Shabbos goy. I have enjoyed growth we are seeing in our economy. States four times, a vice presidential every minute of our travels together. Defense spending is actually down nominee in the year 2000, a candidate He is a quality human being, and time about 2 percent from the first 2 months for President, and I should probably spent in his company is never wasted. of last year. That may be the lone add nearly a nominee for vice president I have worked with JOE on many bright spot in the CBO’s number. The again. issues and opposed him on more than a problem is entitlement spending is That he managed to achieve such few. But I have always been just as im- growing even faster than the rest of prominence while being the least par- pressed by him when we disagree as I government. tisan politician I know is a credit to am when we agree. He is always the Social Security spending is up 6.8 his character and to the exemplary same: good natured, gracious, and in- percent. Medicare is up 8.1 percent. quality of his public service and to the tent on doing his best by the people Medicaid is up over 9 percent compared public’s too often frustrated desire for who sent him and the country he loves. to last year. Those are huge increases leaders who seek office to do some- He is leaving the Senate, and I am in just 1 year and they point straight thing, not just to be someone. going to miss him a lot. But I doubt to the problem we face. Those three He has been a tireless advocate for any of the many friends he has made programs by themselves account for 43 the rights of the oppressed, the here will let him stray far from our at- percent of all Washington spending for misfortunate, the disenfranchised, and tention. We will still rely on his wise the first 2 months of this fiscal year. tireless too in his concern for the secu- counsel and warm friendship. I know I Some Democrats say we cannot take rity of the United States, for the will. I hope we are not done traveling steps to save and to protect these im- strength of our alliances, the excel- together. I hope to see him in other portant programs for future genera- lence of our Armed Forces, and the conferences and meetings abroad. I tions. They say we cannot even discuss global progress of our values. He came want to go back on the road and learn fixing this out-of-control spending as here to do justice, to love mercy, and from him and just pretend he has not part of the fiscal cliff negotiations. to walk humbly with his God. left the place that brought us together. That is unrealistic, and it is It is hard to find anyone here who He is as fine a friend as I have ever had unsustainable. Without reform, we are does not like and admire JOE. He is im- and irreplaceable in my life and I can- facing the kinds of increases we see on possible to dislike, even if one only not let him go. this chart but getting worse next knows him a little. Most of his detrac- Thank you, JOE, for all you have month and the month after that and tors seem to be people who do not done for me; for your many kindnesses, then again beyond. know him and who tend to view people your counsel, your company, and for Without reform, it will keep getting very strictly through the perspectives teaching me how to be a better human worse until we drive our economy into of their ideology and partisan identity. being. I will see you again soon. the ground just trying to pay for these The only thing to resent about JOE I yield the floor programs. There is a potential solu- LIEBERMAN is that he is so damn con- The PRESIDING OFFICER. The Sen- tion, and one potential solution or at siderate of everyone that you can find ator from Wyoming. least something that would help would yourself feeling a little ashamed when THE FISCAL CLIFF be to adjust how we calculate entitle- he catches you raising your voice to Mr. BARRASSO. Madam President, ment benefits for inflation. As it someone or behaving in other ways for the past several weeks I have come stands now, the Bureau of Labor Sta- that fall short of his unfailing gra- to the floor to talk about the fiscal tistics calculates two different versions ciousness. cliff and the threat it poses to our of what is called the Consumer Price He is not an easy example to emu- economy and to our Nation. As the Index. late. I have fallen short of his standard deadline nears, the fiscal cliff has Both of these assume that a con- more often than I care to concede. But caused a lot of concern and a lot of un- sumer buys a certain basket of goods I know, as I suspect most of us know, certainty around the country. It ap- and then they track the total cost of

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8242 CONGRESSIONAL RECORD — SENATE December 20, 2012 that basket. A family buys a certain It is called chained CPI, and it ac- a number of months ago—actually, in amount of gasoline, so much milk, so counts for those changes in consumer June—but the House has yet to bring many muffins to have for breakfast and choices and for new products and new the bill to the floor of the U.S. House so on. The first measure is called the technology. of Representatives. There is really no CPI–U, and it is what we consider the If we use this version of CPI to adjust excuse for that. It doesn’t make any headline measure. It is what we read in Federal benefits and tax brackets, CBO sense, first and foremost, because of the papers. It looks like what all urban estimates that we would actually re- the impact this bill has on our econ- consumers spend on that market bas- duce the deficit by $200 billion over the omy, our farm families, the agricul- ket of goods. That is why they call it next 10 years—over $200 billion in the tural sector of our economy, and what the CPI–U—U is for ‘‘urban.’’ It is a next 10 years. That is the benefit of not it also means to make sure folks have number we use to index the tax brack- overcompensating for inflation. The enough to eat. This includes the ets for inflation. That is how we decide savings would be small at first, but antihunger and nutrition strategies in what those brackets will be. over time they would grow, until 10 the farm bill as well. But, unfortu- The second way they measure the years from now we would have saved nately, the House has not passed it. CPI is called the CPI–W. That includes more than $200 billion. The savings get I think the leadership in the House urban wage earners. The W is for ‘‘wage even bigger beyond the 10 years shown should consider why we need the farm earners,’’ not all consumers. It also in- here in the chart, and that is because bill to pass, and they should also con- cludes clerical workers and a few other of the impact of compounding. sider what happened here in the Sen- professions. So it excludes anyone who Now, with budget deficits of $1 tril- ate. We had a very bipartisan process, is unemployed, retired, self-employed, lion and more this year, last year, the lots of amendments, and plenty of de- and many other occupations. This is year before, 5 years in a row, this one bate, but not some of the harsh debate what the government uses for the cost- change to the inflation index—well, it we have seen in the context of other of-living adjustment to Federal bene- won’t wipe out the deficit on its own, issues, and it worked very well. Not ev- fits such as Social Security. but it is a start, and it is something we eryone got everything they wanted, So we have one that they use to cal- can do now that will pay big dividends and folks were willing to work together culate the CPI for tax purposes and the down the road. and compromise. We got a bipartisan tax brackets and the other, different, is Of course, this isn’t the only option. vote in the Senate, and that is hard to what they use for Social Security bene- There are other ways to slow the in- achieve even on something as impor- fits. It is very complicated. Both these crease in Social Security and make tant as a farm bill. systems have several problems. They sure it is still around to take care of I wish to commend the work that was both overestimate inflation. First, seniors in the future. We need to do done at that time by our chairwoman, they assume consumers purchase the something. Setting the cost-of-living Senator STABENOW of the State of exact same basket of goods regardless adjustment using chained CPI is worth Michigan. She led the fight, working of what happens to prices. So if the considering. with Senator ROBERTS. They worked price of something such as muffins goes Now, even some Democrats have been together not just on the substance, but up, the CPI does not account for some open to this idea. According to Bob they worked together in a manner that consumers who will switch to toast or Woodward’s book ‘‘The Price of Poli- allowed it to be bipartisan. having something else for breakfast. tics,’’ the White House was willing to In my work representing the people All American families understand look at changing the CPI as part of the of Pennsylvania, I have made it a pri- that people change their behavior when so-called grand bargain last year. The ority to keep Pennsylvania’s agricul- prices change. Our understanding of in- Simpson-Bowles Commission included tural industry and our rural economy flation should take that into account. it as one of their solutions. The Presi- strong to support families in Pennsyl- Another problem is that these versions dent himself reportedly had a version vania. Agriculture is our State’s larg- of CPI cannot easily deal with the in- of chained CPI in his latest offer on the est industry. Pennsylvania’s farm gate troduction of new products into the fiscal cliff. That is progress. It shows value, which is another way of describ- market. So how does something like that some Democrats are open to seri- ing cash receipts to growers, in the last the iPod affect consumer spending? ous ideas and real solutions. Because number that we have, which is a 2010 How do we account for that, when the we need to do something to relieve the number, was $5.7 billion. iPod was not in the market basket of burden of Washington’s crushing debt, A lot of people who probably haven’t goods before. this is something to consider. spent much time in Pennsylvania At what point do we start including More revenue is going to have to be think of it as a State of big cities and cell phone bills or Internet access into part of the solution, and Republicans small towns, but they may miss the a family’s monthly expenses? It is not have said so. Substantial cuts in spend- substantial agricultural economy we happening now. So we have these two ing must be part of the answer as well. have. Agribusiness in our State is a different ways to measure inflation. Washington does not have a revenue $46.4 billion industry, with 17.5 percent They both have multiple flaws. As I problem, it has a spending problem. of Pennsylvanians employed in the so- have said, the flaws tend to overesti- That problem is centered on entitle- called food and fiber system. mate the inflation people actually ex- ment programs that are growing far One of the questions we have to ask perience when they go to the store and too quickly. Switching to the chained is, What does this all mean? Well, I they pay their bills each month. CPI is a reasonable first step that we think it certainly means at least that We can see how this could be a prob- could take now to start to rein in we need a 5-year farm bill, not a short- lem over time. When the government Washington’s out-of-control spending, term farm bill. We do too much of that increases what it pays based on an ex- allowing us to save and protect Social around here on other areas of public aggerated inflation adjustment, the Security and Medicare for generations policy. We should do what we have al- impact continues to accelerate. If we to come. ways done in the Senate, long before I give someone an extra dollar to make Madam President, I yield the floor. got here—pass 5-year bills with regard up for inflation but their expenses only The PRESIDING OFFICER. The Sen- to the farm bill. It does create eco- went up 75 cents, pretty soon all those ator from Pennsylvania. nomic opportunities in rural areas, and quarters add up. It is bad fiscal policy Mr. CASEY. Madam President, I ask it sustains the consumers and busi- and we actually cannot afford it any- to speak as in morning business. nesses that rely upon our rural econ- more. The PRESIDING OFFICER. Without omy. The cost-of-living adjustment should objection, it is so ordered. The Senate-passed farm bill would track, as closely as possible, to the ac- THE FARM BILL reduce the deficit by approximately $23 tual cost of living. To address those Mr. CASEY. Madam President, I rise billion through the elimination of flaws, what the Bureau of Labor Statis- today to talk about the farm bill, some subsidies, the consolidation of tics has done is actually come up with which is typically a 5-year bill, and we programs, and by producing greater ef- a new and an improved measure for in- hope we can achieve that once again. ficiencies in the delivery mechanisms flation. We know the Senate passed a farm bill in programs.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8243 We are having a big debate about the We have people take the floor here tion to service than the Senator from end of the year and the fiscal chal- all the time and talk about small busi- Hawaii, the President pro tem, the lenges we have. When you have those nesses or businesses in general and chairman of the Appropriations Com- debates, you have to come to the table that Congress isn’t responsive enough mittee, but most of all just a great with deficit reducers, ways to reduce to businesses. Often, that is true. I American. deficit and debt. Passage of the farm would hope they would walk across and Last year when school was out, my bill would be in furtherance of that give the same speech to their friends in youngest son Charlie was here for goal—a $23 billion reduction in the def- the House that one of the best ways to lunch. In the Senate Dining Room, he icit. A short-term extension wouldn’t help rural businesses is to pass the 5- saw Mr. Inouye, and he had seen Ken provide the same reforms, nor would a year farm bill right away. Burns’ World War II documentary in short-term extension provide the cost We know farmers are the original which the Senator was being recog- savings. stewards of the land and continue to nized. He said: ‘‘I saw him in the docu- When we consider what farmers and lead the charge in protecting our nat- mentary on World War II.’’ I asked farm families have to do every day—I ural resources. I believe the voluntary Senator Inouye to come over to speak mean, they have to milk cows, and our conservation programs in the farm bill to Charlie and his friends, and he did. dairy farmers do it so well and do it provide important tools to help farm- They were so thrilled to meet him. every day; they have to just do their ers comply with Federal and State reg- Then, when that was over and the Senator walked away, Charlie then job. Sometimes they wonder about ulations while keeping farmers in busi- told a story from the documentary, Congress when they know we have a ness. Conservation programs are an ex- which he had only seen once, and it had job to do and it doesn’t get executed. tremely important resource for many been about a month before, and he was We should follow their example and do Pennsylvania farmers. We have a great 7. But he said that during the war, he our job. The House can lead on this be- conservation tradition in our State. captured a German soldier, and the This bill would enhance and build upon cause it is in their court, so to speak, German soldier reached in his pocket, that great record of conservation in right now, by reauthorizing the farm and he thought he was going for a bill in a responsible way that helps Pennsylvania and across the country. weapon, so he knocked him down, and We also wanted to focus on helping contribute to deficit reduction. as he fell down, the German soldier’s I mentioned dairy farmers in terms those who don’t have enough to eat and hand—a bunch of pictures fell out. And of our agricultural economy in Penn- making sure we are doing everything at that time, young Daniel Inouye possible to enhance or improve nutri- sylvania. Dairy is the largest sector of picked up the pictures, and they were tion by the many strategies in the that, so dairy is the largest sector of of the man’s family. And Charlie re- farm bill that involve nutrition. There the biggest part of the Pennsylvania peated—he said that he saw the pic- is no better opportunity to strengthen economy, which is agriculture. The in- tures, and he said: ‘‘He is a man just dustry generates more than $1.5 billion nutrition policy in the nutrition pro- like me.’’ The greatness of that mo- in cash receipts and represents about 42 grams than through a well-crafted 5- ment, his courageous actions later in percent of our total agricultural re- year farm bill. the war, his leadership have often The people of Pennsylvania and folks ceipts. brought to mind—particularly as I sat Dairy farmers deserve the best pro- across the country deserve certainty, in the Appropriations Committee and gram possible. The Senate bill contains and a 5-year farm bill would help us would look down the table and see him many improvements that I support, move in that direction. If the House sitting there in the middle of the but right now dairy farmers don’t have leadership is serious about a pros- table—the thought that when that man any program to manage their risks in a perous future for the country, the leaves, there won’t be anyone quite time of low prices. By the first of Janu- House must pass the 5-year farm bill like him to take his place. ary, the Department of Agriculture right now. I urge the House leadership I would say, Madam President, to will be obligated to implement for to appreciate the significance of having you and to my colleagues how honored dairy products what we call permanent a 5-year bill for farmers, for consumers, I was to serve with him and how proud law. What this means is that prices and for families. If the Senate, as it has I am of the great and dedicated service farmers receive can almost double, but done, can pass a bipartisan farm bill he gave to the country. I hope we can it also means higher costs to the gov- the way we did, I have no doubt—no all learn from his example. ernment and consumers, as well as doubt whatever—that the House can do Madam President, let me spend a few longer term risks of lower consumer the same. minutes talking about the current dis- demand and increased imports. Madam President, I yield the floor. aster supplemental. So we need to make sure we take The PRESIDING OFFICER. The Sen- I believe when disasters exceed the steps now to prevent some of the con- ator from Missouri. ability of communities and States to sequences of inaction, some of the con- REMEMBERING DANIEL K. INOUYE deal with them, the Federal Govern- sequences of the House not moving a 5- Mr. BLUNT. Madam President, I wish ment should help. That has been some- year farm bill through their process in to talk about the disaster supple- thing we have done for sometime now. the House. mental today, but before I do that, I I think there are some problems in the There are so many other important would like to spend a minute talking system and the way we respond. Unfor- items. I will just rattle off a few of about the Senator from Hawaii, Mr. tunately, in Missouri, we have had too them in the context of having a 5-year Inouye. We were at the service this many opportunities in recent years to farm bill, not something less. morning in the Rotunda of the Capitol, have experience with disasters and re- In the Senate-passed bill, we worked where only 31 Americans in the history sponses. On occasion, they have been to address the unique concerns of spe- of the country have been honored by disasters we could deal with. And actu- cialty crop farmers, organic farmers, that opportunity for Americans to ally, I have told people where I live: and new farmers—so-called beginning think about them as they lie in the No, this is a disaster that really is a farmers. We did so in a bipartisan way. center of the Capitol on the catafalque bad thing—the tornado hit, it didn’t Second, I am committed—and I know that was used by Abraham Lincoln and stay for long—but we can deal with a lot of folks in this Chamber are com- others. I was able to place the wreath this ourselves. I said that last year at mitted—to rural communities. Those in the Capitol when Rosa Parks was in an event we had in Branson, MO. in my State of Pennsylvania are too that same place. But when we had this devastating numerous to count, the number of com- I want to say how honored I was to tornado in Joplin, MO, following two munities that are considered rural. get to serve in the Senate with Mr. different floods in the same time pe- Part of that effort that I have to un- Inouye. He not only was a hero in so riod, I said: No, we can’t deal with this dertake—and all of us should—is to many ways but I think connected all of on our own. We need others to come in support rural development programs us to the ‘‘greatest generation,’’ as and help us, as we will help them when that provide access to capital for rural Tom Brokaw titled that generation, they have a big problem. And that is businesses to provide economic oppor- and there was no better example of what this supplemental should be tunities and create jobs. that quiet, purposeful, heroic dedica- doing.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8244 CONGRESSIONAL RECORD — SENATE December 20, 2012 In my view, the $60 billion supple- I was so concerned about what hap- assessment of jurisdictions’ response and re- mental is not the best way to deal with pened in 2011 I asked the General Ac- covery capabilities, including a jurisdiction’s this at this time. I would rather see us counting Office to evaluate several fiscal capacity, could provide FEMA with deal with this when we know more things: the disaster declaration proc- data that are more specific to the jurisdic- tion requesting assistance. For example, de- about the money we need to spend. We ess, the standards that FEMA uses to veloping preparedness metrics in response to have a March 27 deadline when the con- make a declaration, FEMA’s manage- the Post-Katrina Act and Presidential Policy tinuing resolution runs out. One of the ment of its disaster relief fund, and the Directive–8 could provide FEMA with readily questions I would have is: How much overall costs that were associated with available information on jurisdictions’ re- money do we need between now and disasters at the State, local, and Fed- sponse and recovery capabilities. Without an then? There are others who might say, eral level. accurate assessment of jurisdictions’ capa- and I could possibly be persuaded, well, Madam President, I ask unanimous bilities to respond to and recover from a dis- aster, FEMA runs the risk of recommending let’s at least go until the end of the fis- consent to have printed in the RECORD to the President that federal disaster assist- cal year. How much money do we need the GAO report as part of this discus- ance be awarded without considering a juris- between now and September 30? But sion. diction’s response and recovery capabilities this goes beyond that. Mr. President, I ask unanimous con- or its fiscal capacity. As we recommended in When we had the Katrina disaster a sent to have printed in the RECORD the 2001, we continue to believe that FEMA few years ago we did at least three Conclusions and Recommendations for should develop more objective and specific supplementals for Katrina. Eventually, Executive Action of the GAO Report criteria to assess the capabilities of jurisdic- we may spend more than $60.4 billion. ‘‘Federal Disaster Assistance.’’ (GA0– tions to respond to a disaster. Given the leg- But my view would be there are prob- 12–838) islative and policy changes over the past dec- ably better ways to approach this than ade, we believe that including fiscal and non- There being no objection, the mate- fiscal capabilities, including available pre- appropriating that money right now as rial was ordered to be printed in the paredness metrics in its assessment, would opposed to appropriating it later when RECORD, as follows: allow FEMA to make more informed rec- we know what it is for. CONCLUSIONS ommendations to the President when deter- This bill should not be viewed, either, Disaster declarations have increased over mining a jurisdiction’s capacity to respond as an opportunity for Members of Con- recent decades, and FEMA has obligated over without federal assistance. gress to fundamentally alter the dis- $80 billion in federal assistance for disasters Making informed recommendations to the aster funding programs. There is a leg- declared during fiscal years 2004 through President about whether cost share adjust- islative process to do that. It shouldn’t 2041, highlighting the importance of FEMA’s ments should be granted is important for FEMA and the requesting jurisdictions be- be the disaster funding bill that we use assessment of jurisdictions’ capabilities to respond and recover without federal assist- cause every cost share adjustment has finan- to change the law. We should have that cial implications for both entities. A specific debate at another time, and I hope we ance. The PA per capita indicator is artifi- cially low because it does not reflect the rise set of criteria or factors to use when consid- will. in per capita personal income since 1986 or 13 ering requests for 100 percent cost share ad- In the past, and under the Stafford years of inflation from 1986, when the indi- justments would provide FEMA a decision- Act, which is the disaster funding act, cator was set at $1.00 and adopted for use, to making framework and enable more con- we have limited what we can do beyond 1999. By primarily relying on an artificially sistent and objectively based recommenda- just replacing what the disaster took low indicator, FEMA’s recommendations to tions to the President. Also, when FEMA away, and we have added a little to it. the President are based on damage estimates recommends that a cost share adjustment be and do riot comprehensively assess a juris- approved and the President approves it, the There is an argument one could make: federal government assumes the financial Well, if the disaster destroys this, and diction’s capability to respond to and re- cover from a disaster on its own. For exam- burden of paying 15 percent or 25 percent there is a way to put it back within ple, on the basis of FEMA’s actual and esti- more in PA, which could total millions of reason that makes it harder to destroy, mated disaster assistance obligations, more dollars. Tracking the additional costs to the we should do that. In fact, there was a than one-third of the 539 major disasters de- federal government because of cost share ad- cap. I think it was 71⁄2 percent was the clared during fiscal years 2004 through 2011 justments would allow FEMA to better un- most we could spend for preventing fu- are expected to have total DRF obligations derstand the financial implications of its ture things from happening, mitiga- of less than $10 million, and more than 60 recommendations to the President. percent are expected to have total obliga- FEMA’s average administrative costs as a tion. This spends about four times that percentage of total DRF disaster assistance much, and it changes the law perma- tions of less than $25 million. Therefore, many of these declarations were for rel- obligations have risen for disasters of all nently to allow it to spend four times atively small disasters. At a minimum, ad- sizes. The agency recognized that delivering that much. That is not the way this justing the existing PA per capita indicator assistance in an efficient manner is impor- should be done. And my guess is, before fully for changes in per capita income or in- tant and published guidance to be used we are done, it will not be the way it is flation could ensure that the per capita indi- throughout the agency to help rein in admin- done. cator more accurately reflects changes in istrative costs. However, FEMA has not im- For too long I think we have not U.S. economic conditions since 1986, when plemented the goals and does not track per- formance against them. Over time, reducing looked at how we spend money on dis- the indicator was adopted. Making the ap- propriate inflation adjustment to the indi- administrative costs could save billions of asters. We have not only worked in re- dollars—dollars that could be used to fund cent times within the Budget Control cator would raise it from $1.35 to $2.07. A change of this size in 1 year could present temporary housing, infrastructure repairs, Act, we had, as I said, disasters in Mis- challenges for jurisdictions, which could find and other disaster assistance. Therefore, souri in 2011 where we had two major that disasters with PA damage estimates incentivizing good management over admin- floods and we had an E5 tornado that that would now qualify for PA would no istrative costs by adopting administrative devastated the sizable community of longer qualify. Thus, phasing in the adjust- cost percentage goals and measuring per- Joplin. ment over several years could provide juris- formance against these goals would help pro- I was in Joplin last week at one of dictions time to take actions, such as in- vide FEMA with additional assurance that it creasing any rainy day funds, to adjust to is doing its utmost to deliver disaster assist- the temporary middle schools. The ance in an efficient manner. high school was destroyed, the voca- the effects of higher qualifying indicators. RECOMMENDATIONS FOR EXECUTIVE ACTION tional school was destroyed, the paro- A more comprehensive approach to deter- mine a jurisdiction’s capabilities to respond To increase the efficiency and effectiveness chial school was destroyed, and I think to a disaster would be to replace or supple- of the process for disaster declarations, we six elementary schools. I don’t mean ment the current indicator with more com- recommend that the FEMA Administrator they were damaged, I mean they were plete data on a jurisdiction’s fiscal re- take the following four actions: destroyed. To replace those we were sources, such as TTR, and would be informed 1. Develop and implement a methodology able to figure out how to work within by data on a jurisdiction’s response and re- that provides a more comprehensive assess- the Budget Control Act. We even put covery assets and capabilities. Because ment of a jurisdiction’s capability to respond some disaster funding in the regular FEMA’s current approach of comparing the to and recover from a disaster without fed- appropriations bills as it became obvi- amount of disaster damage with the PA per eral assistance. This should include one or capita indicator does not accurately reflect more measures of a jurisdiction’s fiscal ca- ous what was going to be necessary be- whether a jurisdiction has the capabilities to pacity, such as TTR, and consideration of yond what we immediately knew as a respond to and recover from a disaster with- the jurisdiction’s response and recovery ca- country was necessary. And I think we out federal assistance, developing a method- pabilities. If FEMA continues to use the PA could do that here. ology that provides a more comprehensive per capita indicator to assist in identifying a

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8245 jurisdiction’s capabilities to respond to and disaster to an average of 18 percent of THE FISCAL CLIFF recover from a disaster, it should adjust the every disaster. So GAO recommended I wish to, as I mentioned, spend this indicator to accurately reflect the annual we do several things: that FEMA de- time to speak about the need in our changes in the U.S. economy since 1986, when velop a methodology to more accu- country to have a balanced deal on the the current indicator was first adopted for debt and deficit and to avoid the fiscal use. In addition, implementing the adjust- rately assess what a jurisdiction was ment by raising the indicator in steps over able to do; that we develop criteria to cliff. We have witnessed these con- several years would give jurisdictions more know when the Federal Government versations going back and forth be- time to plan for and adjust to the change. should accept all of the obligation—100 tween the President and the Speaker, 2. Develop and implement specific criteria percent of the adjusted cost—and that hoping—I think speaking for many— or factors to use when evaluating requests we implement new goals to track why they would reach some deal. I am very for cost share adjustments that would result these costs of administering disasters disappointed by the recent actions of in the federal government paying up to 100 the Speaker and his so-called Plan B— percent of disaster declaration costs. were going up so dramatically. 3. Annually track and monitor the addi- Hopefully, we can do that, and we a plan that would do nothing to make tional costs borne by the federal government can look at the law at the right time in a significant dent in our fiscal chal- for the cost share adjustments. the right way. I know my colleague lenges. I think many of us on our side, 4. Implement goals for administrative cost Senator COATS has led the way to pro- and I imagine many on the Republican percentages and monitor performance to pose an alternative to the $60 billion side, realize it is not an approach that achieve these goals. supplemental bill. His alternative of will get us where we need to go. AGENCY COMMENTS AND OUR EVALUATION about $24 billion would provide the There have been many of us in this We provided a draft of this report to DHS money necessary to be spent by good body who have been working on this for comment. We received written comments calculations between now and the end issue for a number of years. I think the from DHS on the draft report, which are American public is probably growing summarized below and reproduced in full in of March. This could be the right step appendix V. DHS concurred with three rec- for us to take now. I suspect, as we deal fairly tired of hearing about the fiscal ommendations and partially concurred with with the House of Representatives, it cliff and why this has all come about the fourth recommendation. ultimately will be closer to the step we and why all of a sudden we are only Regarding the first recommendation, that take. I just think we shouldn’t use this now focusing on this issue. FEMA develop and implement a method- bill as a time to change the law so we The fact is our Nation has been on an ology that provides a more comprehensive can spend money in ways the law cur- unsustainable fiscal path for some assessment of a jurisdiction’s capability to rently doesn’t allow. We shouldn’t use time. We are currently $16 trillion in respond to and recover from a disaster with- debt. Every day we do nothing, we add out federal assistance, DHS concurred. DHS this bill to speculate on what costs will stated that a review of the criteria used to be when we will know what those are. $3 billion to that total—debt that will determine a state’s response, recovery, and At the same time, I understand and ap- at some point have to be paid by our fiscal capabilities is warranted and that such preciate this is a disaster where we children and, because it has gotten a review would include the need to update should step in. We absolutely should larger, by our grandchildren. The re- the per capita indicator as well as a review step in and help people and the commu- ality is this is debt we are going to of alternative metrics. DHS stated that any nities devastated by this disaster get have to deal with, those of us who changes would need to be made through the serve in this body now, and we have got notice and comment rulemaking process and back on their feet. We should do that, and I am going to do everything I can to start paying for it. that, if changes are made to the per capita The remarkable thing as we look at indicator, FEMA’s Office of Response and to see we do that. I just hope we do it Recovery will review the feasibility of phas- in the best possible way instead of this debt is there is nothing about it ing them in over time. However, the extent using this as an opportunity to do that is self-correcting. Time alone will to which the planned actions will fully ad- things that don’t have anything to do not solve this problem. What I hear dress the intent of this recommendation will with Sandy but may have some other from around Virginia, and I am sure not be known until the agency completes its goals that should be achieved in a more the Presiding Officer hears around Mis- review and implements a methodology that souri, is: How did we get to be in such provides a more comprehensive assessment appropriate way. With that, I yield the floor, and I a dramatic, difficult position in the of a jurisdiction’s capability to respond and, last 12 years, when 12 years ago our if the per capita indicator continues to be suggest the absence of a quorum. country was looking at surpluses? I used, adjusts the per capita indicator to ac- The PRESIDING OFFICER. The curately reflect annual changes in the U.S. clerk will call the roll. think as a former business guy, looking at what our Nation has done—and me- economy since 1986. We will continue to The legislative clerk proceeded to chanically both parties have been re- monitor DHS’s efforts. call the roll. Mr. BLUNT. In the response portion sponsible for this—it is not too hard to The PRESIDING OFFICER (Mrs. of the report we will file, the GAO said understand why we are in such a deep MCCASKILL). The Senator from Vir- a third of the disasters over the last 8 hole. ginia. years cost the Federal Government less Over the last 12 years, we have done than $10 billion. They also said the Mr. WARNER. Madam President, I a series of things that have put us in an level of loss necessary to declare a dis- ask unanimous consent that the order unsustainable position. On the revenue aster hasn’t changed in a couple of dec- for the quorum call be rescinded. side, we cut taxes by $4.5 trillion over ades. The PRESIDING OFFICER. Without 10 years, the largest tax cuts in Amer- My concern was—and the report lev- objection, it is so ordered. ican history. If we had simply cut taxes eled it out—that when we do have a big DANIEL INOUYE $4.5 trillion over 10 years and done disaster, such as Sandy, we have al- Mr. WARNER. Madam President, I nothing else on the spending side, we most always spent all the money be- rise to speak about a subject which I might have been able to sustain that. cause it was pretty easy to have a Gov- know I and the Presiding Officer and a But at the very time we took this dra- ernor ask for a disaster and the Presi- number of our colleagues have spent an matic decrease in our revenues, we did dent to declare it and then the money enormous amount of time on; that is, five things on the spending side—again, is gone. the challenges of our fiscal cir- things that for the most part were FEMA primarily relied on the per- cumstances. Before I start, I wish to bipartisanly supported—that would ul- capita damage indicator as the criteria join with so many of my other col- timately make our financial situation rather than whether the local commu- leagues who have come to the floor in unsustainable. nity had the resources to deal with this the last few days to celebrate the leg- First, in the aftermath of 9/11, we on its own. There was no specific cri- acy of our departed colleague Senator doubled our defense spending. Second, teria at FEMA to decide at what point Inouye. I didn’t know him as long as also in the aftermath of the challenges we paid various percentages up to 100 many of our colleagues did, but in the we faced in a very dangerous world percent coming from the Federal Gov- 4 years I have served in this body, he after 9/11, we created a whole new cat- ernment. The FEMA administrative was truly someone who was always a egory of government spending called costs from 1989 to 2011 had doubled. It gentleman and represented the best of homeland security; again, much of it had increased from 9 percent of every what I think the Senate is all about. necessary. Third, we did something

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8246 CONGRESSIONAL RECORD — SENATE December 20, 2012 that in American history was unprece- omy—forcing a crisis that would re- the math just does not work. So we dented. Our Nation went to war not quire a spike in interest rates and must have a real, balanced, and respon- once but twice without asking Ameri- make this divide between spending and sible approach to deal not only with cans for any level of sacrifice beyond revenues even more unsustainable. So this fiscal cliff but to make sure the our military and their families, and the if we wait 3 years, 5 years, 10 years, 12 promise of Medicare, the promise of cost of those wars didn’t even go years from now, we will be unable to Social Security, is maintained. through the normal appropriations safely deal with these problems. That But this is where we run into prob- process; they simply went on the credit is why we need a balanced and respon- lems, and I fear we may not get to the card. sible deal now. solution we need. Knowing that we The fourth thing we did was we rec- After the election, many of my col- need both new revenue, that we have to ognized in our country that our parents leagues, particularly those on the Re- find places to cut spending, and reform and grandparents were having increas- publican side, have somewhat publicly our entitlement programs to bring ing burdens with the high cost of pre- acknowledged that we need new rev- them back into sustainability, we have scription drugs, so we created a brand enue and it has to be a part of the solu- to have a solution that looks at both new entitlement program, bipartisanly tion. Candidly, I believe that even sides of our balance sheet, and Mem- supported, called Medicare Part D; but, some of the numbers the President has bers of both parties must come to- again, we didn’t pay a dime for it. On put forward dealing with revenue goals gether to support it. top of all that—and this is one of the are too modest in terms of what is It is remarkable that in this body biggest challenges we have and this is needed to be put back into the revenue there are still Members who believe actually a blessing—we are all living a stream—not to grow the size of govern- there is going to be a Republican-only lot longer than anyone would have an- ment, but to simply pay our bills. It is solution to this problem. We some- ticipated. The guy who originally set 65 critically important this new revenue times see those activities coming out as a retirement age was Bismarck, is quantifiable, scorable, and maintains of the House. But, just as there is not when he was Premier of Germany in the progressive nature of our Tax Code. going to be a Republican-only solution, the 1870s, and he set it there because I, as do many on my side, appreciate there is not going to be a Democratic- average life expectancy was mid-fifties. those on the Republican side for their only solution as well. And one of the In this country, we are blessed to live willingness to accept this reality. At most remarkable things I have found in to an average age of 80. A healthy the same time, we must acknowledge my 4 years of service in this Senate— woman in America has a life expect- that every serious, bipartisan group and I think again about the Presiding ancy of 100. That is a blessing, but it that has looked at the issue of our fis- Officer, who has taken on so many means the math that goes into our en- cal circumstances understands that if challenges—for those of us who have titlement programs no longer makes we are going to put our fiscal house in tried time and again to work across the sense. order, in addition to achieving addi- aisle, there is very little reinforcement What does this fiscal cliff mean? It tional revenue, we are going to have to effort in this town for Members to do means the gap between our revenues find additional places to cut govern- the right thing. In fact, in many cases, and our spending is clearly ment spending and take on the ques- opposite forces dominate. unsustainable. We need to find a solu- tion of entitlement reform. On both sides—both the left and the tion before our unsustainable debt I understand many of our entitle- right—a number of stakeholders use swallows our economy. ment programs are a critical lifeline scare tactics to preserve their own por- Some folks argue we don’t need a so- for our seniors and those who are the tion of the status quo. They dress up lution now; we have time and space, most vulnerable among us, but we need and use misinformation to scare the and we should stimulate the economy to ensure these programs are able to American people and run ads against with more deficit spending. I think an continue not just for the current bene- politicians who would dare to break appropriate measure of additional ficiaries but for our kids and grandkids with their orthodoxy, in order to drive stimulus activity makes some sense, so alike. We must realize entitlement re- Americans apart. I do support investing in our infra- form has to be part of any long-term In the last week or 10 days, we have structure, in research and develop- response to our fiscal challenges. started to take a look at some of the ment, and workforce investments. As a Members come to the floor all the ads that have started to run in all of former business guy, those are charac- time and throw out lots of facts about the Hill press and periodicals. Every teristics any strong business would in- the challenges around entitlements. I day I get groups that come in—as I am vest in and any strong country should wish to cite just two which show that sure the Presiding Officer does—and invest in if we are going to continue to while, for example, Medicare and So- they all say: Senator, thanks for trying grow. But that alone is not enough, and cial Security have been remarkably to work on this fiscal cliff problem. our problems, which only continue to successful and must be preserved, the Thanks for trying to work in a bipar- accrue and grow over the long term, current math around both of these pro- tisan way. Try to get it done, just don’t must be dealt with. The U.S. Govern- grams doesn’t work. In Medicare, for touch mine. ment, similar to any large enterprise, example, an average couple, over their Let me give you a little bit of a sam- takes time to turn. The sooner we start lifetime, would pay in about $113,000 in pling: that turn the better. As this crisis payroll taxes. As they hit retirement One ad we have seen recently has to evolves and as we get into the final and go on Medicare, they would receive do with the mortgage interest deduc- days before Christmas, we need a real back $380,000 in benefits over their life- tion. It is terribly important. Anybody deal now—one that addresses these time. Obviously, this gap can’t be who says tax reform has to take place, problems in the long run and starts by maintained. says it is going to generate more reve- phasing in improvements that will How were we able to do it for so long? nues; unfortunately, however, mort- start to address our problems on the Well, for a long time in our country gage interest is one of the biggest tax spending side, revenue side, and, yes, there were a lot more folks paying in expenditures in our Tax Code. entitlement side, over the course of the than there were folks paying out. When I like this one—Congress: Let’s fight next 10, 15, and 20 years. I was a child, there were 16 people fraud first. Some people look to Europe and say working for every one individual on Well, who has not heard and said that austerity there is not working, and I Medicare or Social Security. Today the solution to all of our problems is if agree. An austerity program that is too that ratio has gone down to three folks we can get rid of the waste and fraud? quick can only make our problems working for every one retiree. In about That may be part of the solution set, worse. But I also see parts of Europe 10 to 12 years, that ratio will go down but that is not going to solve $16 tril- that have said by simply kicking the to two people working for every one lion in debt. can down the road they can ignore person on Medicare or Social Security. Next we hear: Who cares if Medicare their problems, and the only thing Think: again, paying in an average of and Medicaid are cut? worse than austerity is the bond mar- $113,000 in payroll taxes; taking out Well, this is from the hospitals. I kets forcing a crisis upon the econ- $380,000 in health care expenses. Folks, know what great job hospitals across

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8247 Virginia, across Missouri, and across the road. What I think has been re- the right. And, yes, groups such as the America do. But if we wall off these, markable is, as the President has laid Heritage Foundation and the American where are we going to find the addi- out his plan and his vision, he has ac- Enterprise Institute have come to- tional resources? knowledged that he has been willing to gether and said this is a more accurate Next we see this: Graduate medical be open to hard choices, including re- measure. What has not been empha- education. forms to our entitlement programs. sized is that groups that have bona It is very important, something I One of which he has said he would be fides on the Democratic side that are have fought for as Governor, something open to, with the appropriate protec- unquestioned—the Center for American I want to preserve. In this debate, as tions, the so-called chained CPI. But Progress, the Center on Budget and we look to try to expand health care in once this was even mentioned, some Policy Priorities, the Washington Post America, we have to train more doc- groups, progressive groups that I have editorial board, the President’s fiscal tors to make sure those who have been been proud to have the support of, have commission, the Bipartisan Policy uninsured can receive the health care said that any change—any change—to Center—have all said this ought to be they need. But, again, one more pro- Social Security or Medicare or any- one of the tools we use as we look at gram: Do not touch mine. thing that is as sinister as chained CPI trying to make sure Medicare, Social We could go all day with additional cannot be a part of any deal. For these Security, and other entitlement pro- posters. groups, they say any single dollar of grams are reformed and made sustain- But here again: Let’s make sure air- what they consider to be a benefit cut able. lines do not pay any more; let’s make in these entitlement programs is unac- Now why do economists support sure we avoid sequester; let’s make ceptable, even if it helps ensure the chained CPI? Because it honors the sure we do not touch charitable dona- sustainability of Social Security or commitment to maintain the pur- tions; let’s make sure defense is not Medicare. chasing power of spending and revenue touched. This is not a path to a successful policies. It provides savings across the Well, everyone wants to solve the deal. This is not the path, the kind of budget, not just in entitlement pro- problem. Everyone says: Atta-boy. But compromise and balance that will grams but across other areas. It also they then turn around to say: Atta- make sure we actually do preserve raises revenues, and it contributes boy, but do not touch mine. That is not Medicare and Social Security for the meaningfully to the long-term fiscal how the real world works. That is not long term. sustainability of the programs we want what the Founders set up when they I have to say, it is surprising to me, to protect. Because across the govern- created this unique experiment in de- when I hear some in my own party who ment we have indexed things to infla- mocracy. come down and rightfully call out tion. The Tax Code, the entitlement One of the most remarkable things those on the other side who deny the programs, all are indexed. They rise about the American government was science around climate change, that and decrease based upon inflation. they set up an institution that was those very same folks sometimes then So again, this tool, while not perfect, all these groups have said needs to be slightly dysfunctional on purpose—an deny the math around entitlement re- part of any reform. This is not a new independent House, an independent form. idea—I know, perhaps, it is on this Senate, an independent Presidency. I wish to take a moment to talk floor—but this is an idea that has been The only way things got done was if all about this so-called chained CPI. discussed, debated, and endorsed by groups worked together. Chained CPI, as certified by our official these groups from left to right for over For the past 2 months, there has scorekeeper, the Congressional Budget the last 10 years. It does, as I men- been—not just the past 2 months, but Office, is an alternative measure of in- tioned, both increase revenues and for many, many months—there has flation that takes into account how lower spending. Because, again, it is a been lots of talk about the forces of di- people change the mix of products and more accurate measure of policy ad- vision and reflexive ideology. I think services they buy or substitute as justments that Congress has already we all are tired of those groups that go prices change. What does that mean in English? It decided to make. around and ask politicians: Sign this means in the old days, the way we used There are some who say: Well, what pledge, not a dime of new revenue. It is to measure how much inflation was will this do to Social Security? That is one I find one of the most repulsive. taking place was if the price of bananas an important part of this conversation. And we have seen, and I believe, that went up, well, you would not buy ba- I for one believe Social Security needs additional revenues are needed. Let me nanas. This says, in a more realistic es- to be reformed, and I believe Social Se- assure you, frankly, if there is any timation, if the price of bananas goes curity reform ought to take a separate deal, they will be part of the deal. And up, well, you might, instead of buying path from debt and deficit reform. I un- while we are not there yet, the Presi- bananas, buy apples. derstand for many seniors, Social Secu- dent and the Speaker have come to an What does that affect? It means the rity is a lifeline and it is without ques- agreement that additional revenue chained CPI ‘‘. . . provides an unbiased tion the greatest social program in the must be part of the deal. estimate of changes in the cost of liv- history of our country. We as legisla- But that is not the end of the story. ing from one month to the next.’’ Is it tors need to protect that program. If we—those of us on the Democratic a perfect formula? Absolutely not. But But what we do not hear from those side—say we have an extra trillion dol- there is no perfect formula to measure who come out and advocate for Social lars of revenue, that we can then walk inflation. Security is the recognition that Social away from this problem now and say What is remarkable about this de- Security is on a path toward insol- we were victorious, well, if we do that, bate—and this is just one small piece of vency. If we do nothing about this won- all we are doing is simply kicking the any kind of comprehensive reform—is derful program, under current law it can. The truth is—and this is from that experts on the left and right agree will basically run out of money, which economists from left to right—if we do that this new measurement formula is will mean a 25-percent across-the-board not have a deal that is at least a min- more accurate and more appropriate. cut in benefits as early as 2033. And imum of $4 trillion in deficit reduction And it does mean that the rate of infla- that number—as we continue to grow over the next 10 years—and that is at tion will be measured as slightly less. older, the actuaries keep coming up the low end—then we will not start to It actually says that it will cut the each year and making it earlier and drive our debt-to-GDP ratio back into rate of increase by roughly three- earlier. a sustainable position. The only way tenths of one percent. Now 2033 sounds like a long time we are going to get there is, yes, count- I have heard Members come out here away. What it means is, for some of our ing the cuts we have already made, yes, and say this will account for changes folks who work here, if you are 46 years looking for additional revenue, but also and dramatic cuts of 10, 15, 20 percent. old today, that would mean at age 67 finding additional spending cuts and This is cuts of three-tenths of one per- you would see your benefits cut by entitlement reform. cent. more than a quarter—again, unless we The President gets this, and he Who supports this so-called chained act. This is not a self-correcting prob- knows we cannot kick the can down CPI? It must be only those forces on lem.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8248 CONGRESSIONAL RECORD — SENATE December 20, 2012 There are other things we need to do at it and find a lot to dislike. If not, make sure that 20-year-old, 40-year-old, around Social Security, such as raising they probably have not done their job. and 50-year-old is going to have those the cap on the amount of income that To single out any one thing and to be benefits as well. is taxed. But those who say we should absolutely opposed to a deal, regardless No matter what we do, we cannot put off questions about Social Security of the other parts of the package, to only cut and tax our way out of this or Medicare to some other day refuse me, would be the height of irrespon- problem. It must include a growth to also recognize the reality that none sibility. agenda. Finally, as I know the Pre- of this self-corrects, and the sooner we Again, I know there are others who siding Officer has made points time and start down the path of reform, the say this whole debate about the fiscal again, it must contain real protections sooner we can make sure the promise cliff is imaginary and simply created for the most vulnerable amongst us. of these programs will last. by politicians. Well, I have to acknowl- The President and Speaker are still But, again, instead of worrying about edge, as somebody who spent 20 years working. I am hopeful they will get a the potential of a 25-percent cut in So- in business and a number of years now deal. We, as Americans, and as legisla- cial Security benefits for folks who in elective office, I do not know for tors, owe them the space to make a today are 46 years old, they talk about sure what the effect would be if we go deal, the opportunity to combine the fact that, yes, there may be some over the cliff and see taxes go up on all things people on each side might not slight cutback in immediate benefits— Americans, to see these across-the- like, in isolation, with policies that ad- not, though, 20 percent, not 3 percent, board cuts take place. dress these greater concerns. But now not 1 percent, but a decrease of three- But I do know this: If the chance is is not the time to be against things tenths of 1 percent in the amount of in- only 5 or 10 or 15 percent that going without knowing the critical details crease each year. over the cliff would throw this econ- about how and where they will work. There are ways that if we use this omy back into a deep recession, there It is not time to confuse the true tool, to make it more fair and bal- would be nothing that would rob more facts or the actual math involved, re- anced. Because we must make sure Americans, and hurt our most vulner- gardless of which side to which you be- 1 that we protect the most vulnerable in able citizens more, than having their long. I have spent the last 2 ⁄2 years in our society. house go back underwater because of a this body trying to work with folks on I was part of a group the Presiding rise in interest rates, or the potential both sides to get us to a deal. I believe Officer, I believe, supported, the so- that a job disappears because an em- there is nothing that will do more to called Gang of 6, which built on the ployer decides to end up—no longer to generate job growth and economic ac- tivity than making sure we have a real President’s Commission on Fiscal Re- play, or unemployment benefits not get deal that does not kick the can and ac- sponsibility, that said if we are going extended because we chose to punt to do something like chained CPI, we tually passes muster. rather than to deal with this issue. I have to acknowledge at times I, also need to make sure we ensure pro- Again, if we go over a cliff, and if the like I know many of my colleagues, tections for the most vulnerable. chances are only 10 percent that it grow very frustrated with the back and Which basically included things such throws us back into a deep recession, forth. Clearly, what is going on in the as raising the minimum benefit for unlike in the past, unlike the fiscal cri- House right now is not a serious effort that bottom 20 percent of folks on So- sis in 2008, we do not have extraor- to address this problem. cial Security; for making sure, as we dinary measures of stimulus or the Fed I see the new chair of the Appropria- add our aging population, that those being able to dramatically lower inter- tions Committee here. I will wrap up. I individuals who outlive their pen- est rates. want to commend the Senator from sions—the fastest growing group of So I believe we do need this balanced, Maryland, my good friend, for her new Americans are folks above the age of responsible—at least a $4 trillion deal; position. I believe she will lead us back 85—that they would receive an addi- a deal, again, that I believe counts the to a path where we have regular order tional bump up as well. cuts we have already made, that adds to make sure we appropriately look at We must also recognize, if we are additional real revenue. how we spend the resources we receive. looking at something like chained CPI, Again, as I mentioned earlier, I think But we must no longer punt on this that we have special obligations to pro- the President has started too low in issue. tect our veterans and the least fortu- terms of the amount of revenue we At moments of greatest frustration— nate among us. So any use of this tool need. We took $41⁄2 trillion out of the and there are many for me as I know ought to have special rules and include revenue stream over the last 10 years. there are for many Americans, as they exclusions for veterans and SSI bene- I think to say that putting back at get tired of hearing about the back- ficiaries. least one-third or 40 percent of that and-forth and the Kabuki dance going As I mentioned before, I personally would be much more appropriate than on right now. It is in moments of believe raising the cap on the payroll what is being discussed right now. greatest frustration, that I always fall tax is another part of the tools that we It does mean that all of us need to back on that wonderful Winston ought to use. But too many of the make some hard choices about spend- Churchill quote: groups that are attacking this or any ing, and make sure the entitlement You can always count on the Americans to other effort to look at a balanced ap- programs which have been so success- do the right thing, after they have tried ev- proach of, yes, additional revenue; yes, ful are sustained. erything else. additional cuts; and, yes, reforms to In closing, let me make a few final Well, it seems to me, in this debate our entitlements, do not mention that comments. I believe any final deal we have tried everything else. We have there are ways to mitigate some of must ask those of us who have done accused back and forth. We have been these challenges. well—and I have been blessed in this unwilling to recognize the reality for It is also important to mention, with country to do very well—to pay their the need for revenues or the recogni- these ideas, at least from my position, fair share. Beyond that, we have to tion that we have to make sure our en- every dime of impact that chained CPI look at a tax reform package that will titlement programs are sustainable. I would have on Social Security, those actually make our Tax Code simpler, hope and pray as we move closer to savings would have to remain in Social fairer, and generate more revenue than this Christmas season that our leaders, Security to make the program more even what has been suggested in the and then all of us from both sides, can solvent. current conversation. come together and make sure that we But this discussion about chained It means, though, recognizing that address this issue; which I believe that CPI is just the current flashpoint. The we cannot solve this problem with until we address it, we will not be able bigger issue is how we are going to get budget cuts alone, it means Medicare to address the host of issues which con- to that question of what I believe is, at and other entitlement reform must be front our country. minimum, a $4 trillion deal. Any budg- serious and part of the conversation; I yield the floor. et deal between the Speaker and Presi- that we honor our commitment not Ms. MIKULSKI. Mr. President, what dent, I believe, will probably contain only to those beneficiaries who receive is the pending business before the Sen- enough things that everyone will look these important benefits now, but to ate?

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8249 The PRESIDING OFFICER (Mr. going to follow old-school values of the Over the past decade, JON has applied SANDERS.) The pending business is H.R. men who went before us: Dan Inouye, that same standard to the war on ter- 1. Ted Stevens, men who fought in World ror, and no one, no one has worked Ms. MIKULSKI. Mr. President, I rise War II to defend America. They stood harder to explain the threat of Islamist and ask unanimous consent to speak on this Senate floor to defend the Con- terrorism or helped equip our Nation for 3 minutes as in morning business. stitution. They spoke for their States. with the tools we need to confront and The PRESIDING OFFICER. Without That is what we are going to do. I want defeat it than JON KYL. objection, it is so ordered. everyone to know, we also will want to Not enough thought has been given APPROPRIATIONS COMMITTEE CHAIRMANSHIP ensure that our spending reflects our to the role of nuclear weapons in Amer- Ms. MIKULSKI. Mr. President, I just values to protect our country, to pro- ican foreign policy and how strategy wanted to come to the floor—I know tect vulnerable populations, and to will evolve as our conventional mili- other Senators are speaking—to say to also prepare America for the future. tary is drawn down due to a dimin- the rest of my colleagues and to many I will have more to say about all of ishing investment and how nuclear people who have expressed interest, the this at a later time. I just wanted to weapons will be employed to support Democratic caucus has just confirmed say, I take this not as an honor but as the articulated strategic pivot to the me to be the full chair of the U.S. Sen- a great responsibility. I am so appre- Asian Pacific theater. The Senate and ate Appropriations Committee. ciative of the caucus that confirmed the country will be well served by I take the floor today to announce me. I am very appreciative of the way JON’s thoughts on these challenges that with great humility. I am filling Members of the other side of the aisle over the coming years. Fortunately, he the footsteps of Senator Danny Inouye, also reached out. has thought ahead by encouraging oth- who was indeed a giant among men, a If we take the time to listen to each ers to step into the void after he war hero, and an advocate for social other, to respect each other and listen leaves. justice, national security, and a com- to the needs of the people, we can work Throughout his time in Washington, passionate government. to get more bang out of the buck, get I want to just say to my colleagues, JON has been guided, as he explained in more value for the dollar. We can have eloquent detail yesterday, by a pro- as I assume this chairmanship, I look a strong economy, a safer country. We forward to working with each and found belief in and commitment to the can be frugal without being heartless. every Member of the Senate, both expansion of freedom and the three pri- At the same time, we can assure the mary areas where that commitment within my own caucus and across the taxpayers we have heard them. They aisle, to have a committee that func- plays out in the public square: growth- want us to do a better job with our oriented economics, the social policies tions on a bipartisan basis. spending, but at the same time they The Appropriations Committee is a that make limited government pos- want to see it in an open process. I just constitutionally mandated committee. sible, and any policy that emphasizes a wanted to come to the floor to say The Appropriations Committee is gov- strong and sovereign America. These that. erned by the Constitution of the United three pillars have been JON’s guidepost, I yield the floor and suggest the ab- States, by the laws of the land, and by and we have all benefited tremendously sence of a quorum. the rules of the Senate. Under the Con- over the years as a party and as a na- The PRESIDING OFFICER. The stitution, the Founding Fathers said tion from his faithful application and clerk will call the roll. patient explanation of the enduring im- every year there should be a review of The legislative clerk proceeded to the annual Federal expenditures. That portance of all three. call the roll. is what our committee will do. We will Mr. MCCONNELL. Mr. President, I In short, JON is whip smart, and he is bring forward legislation that will ask unanimous consent that the order a passionate believer and defender of show what are the expenditures of the for the quorum call be rescinded. American exceptionalism. But besides United States Government, what we The PRESIDING OFFICER. Without all this, he is also a fantastic indi- propose to be ratified by the full Sen- objection, it is so ordered. vidual, with a peerless reputation on ate. JON KYL both sides of the aisle as a man of prin- We will do it, first of all, on a bipar- ciple and integrity. I have personally tisan basis. One of the first calls I re- Mr. MCCONNELL. I rise to pay trib- ute to a dear friend and an extraor- benefited from JON’s policy mind and ceived when I knew this honor would advice countless times, and, JON, I dinary public servant, Senator JON come to be chair was to reach across want to say how grateful I am for your KYL. For the past 18 years, it has been the aisle to Senator RICHARD SHELBY of steady hand and wise counsel over the my honor to serve alongside JON in the Alabama, my good friend and colleague years. who is now the ranking member on the Senate, and it has been my great privi- lege to get to know him personally and I always knew I could throw JON into Appropriations Committee, to reach the middle of any fight, confident our out to him, as I did in a phone call. to work with him as closely as I have. JON has built a well-earned reputa- team would own the field. He wasn’t And I say publicly today that when we just prepared, he was eager to take on look at how we are going to spend the tion as one of the great policy minds of our time. He has an encyclopedic the most thankless tasks, and he never money and how we are going to meet ever let me down. our national security needs—but our knowledge of domestic and a keen in- One suspects the seeds of JON’s wis- compelling human needs in this coun- terest in foreign policy, and we all try, and public investment in our chil- know he is one of the hardest working dom and equanimity were planted in dren, in our future, and how to promote Members of Congress. his upbringing in the Midwest. As a our economy—we need to do it on a bi- He has been a leader on his own young boy growing up in Nebraska and partisan basis. I want to thank Senator State’s interests, and he has emerged Iowa, he learned the value of hard work. His dad led the local chamber of SHELBY because he assured me of his as one of the strongest leaders in our cooperation to do so. entire party on the issues of nuclear commerce and worked as a high school Our committee will function in a way strategy and arms control. JON has ex- principal and superintendent. Later on, that is open, transparent, and we wish plained to an entire generation of Re- he joined JON’s uncle in the clothing to follow the regular order. What we publicans President Reagan’s enduring business—and eventually he served six want to do in following the regular philosophy of peace on strength and terms in Congress. order is to ask our colleagues to join then applied it. It was a stable, happy, middle-class with us so that we move the urgent JON has been a zealous proponent of a childhood centered on work, family, supplemental which so many American strong missile defense, and more than and service. It laid a solid foundation people are depending on us to pass, this any other Senator he helped ensure for JON’s later successes. ‘‘It was very legislation to meet the needs of indi- that the United States had a working important to Dad,’’ JON once said, vidual assistance to restore homes, nuclear arsenal after the Cold War had ‘‘that we recognize that even though lives and livelihoods. ended because, in his view, a strong we weren’t rich, we still had an obliga- It is going to be a new day in the Ap- America that can deter a threat is al- tion to get involved and give back to propriations Committee, but we are ways the best avenue to peace. the country.’’

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8250 CONGRESSIONAL RECORD — SENATE December 20, 2012 After graduating from high school, But it says everything we need to JON always tells folks he is serious JON enrolled at the University of Ari- know about JON KYL. His work ethic is because the issues he deals with are se- zona, where he was very much the bun- legendary. For 15 years, JON labored rious, and I can’t tell you how grateful dle of energy that anybody who has mostly behind the scenes on one of the I am that we have had him for as long ever walked more than 10 feet with him most complicated and sensitive issues as we did and how much I will miss is familiar with. Incidentally, I am told in Arizona politics, settling American having JON KYL around when the gavel that you don’t want to go on a hike Indian claims to Colorado and Gila falls on the 112th Congress. with JON unless you are a trained River water and resolving an intergov- One last point. People who know JON Olympian. He hikes up Camelback ernmental dispute about how much well know he is a huge NASCAR fan. Mountain almost every weekend he is money Arizona should pay for the Cen- He knows the drivers. He knows the home, and there are two routes; one is tral Arizona Project, completed in 1993. lingo. He goes to two big races every somewhat challenging and the other These were longstanding, thorny, year in Phoenix and nothing, I mean one is akin to a Stairmaster. JON takes legal, and political issues in Arizona. nothing, can keep him from going. the Stairmaster because it is faster. He Some thought a settlement was impos- Why do I mention this? As a young climbs up without stopping, and then sible. They didn’t know JON well lawyer, JON used to volunteer to be the as soon as he gets to the top, he comes enough. By 2004, he had succeeded in lookout guy on the hill around the right back down. Most people stop to passing the Arizona Water Settlement track. This is a guy who keeps a look- eat an apple or look at the vista—not Act, simultaneously resolving the out- out for oil on the track. His view was it JON. He powers right back to the bot- standing Indian lawsuits and resolving might not be the most glamorous work tom. There is too much work to be the issue of Arizona’s reimbursement but that it was essential to maintain done. rate to the Federal Government. the safety and the integrity of the race During his college years, JON got in- According to one political commen- to have someone up there on the look- volved in debate, politics, and a num- tator, ‘‘It was the most far-reaching In- out. I can’t think of a better way to ber of service organizations, grad- dian water settlement in history,’’ and sum up his service in Washington. uating with honors in 1964. It was also it ‘‘wouldn’t have happened without JON has been that serious, behind- during his college years that JON fell in the hard work and keen legal mind of the-scenes legislator who always did love with Arizona, its red sunny vistas, JON KYL.’’ what needed to be done. He was happy big skies and warm inviting people. It As JON himself put it: to do the work while others took the is there that he fell in love with Caryll It was one of the hardest things I’ve ever credit, and he was happy to explain any Collins, whom he met at church one done, but I was in a position to be the cata- issue to anyone and to provide not only Sunday and who has been his constant lyst. There wasn’t anybody else who could do the intellectual explanation for the companion and his anchor ever since. that water deal. And it had to be done. right policy but the elbow grease to get I know JON would agree that without JON’s work on water settlements car- it enacted into law. What mattered to Caryll’s support, patience, and under- ries a lesson for all of us. Similar to JON was the good of the country. standing he would never have been able any true leader, he saw the need to do He has been a model public servant. to accomplish all he has over the years. something, not just for the folks who And, JON, I can’t tell you how grateful JON and Caryll have been married near- elected him but for the generations of we all are that you were. Thank you ly 50 years. They have raised two great Arizonans to come. He thought ahead, for everything, my friend. I truly hate kids, Kristine and John. They have and now the people of Arizona can go to see you go. seven grandchildren. They have been about their daily lives without having The PRESIDING OFFICER. The Sen- blessed. to worry about water at all for genera- ator from Arizona. After college, JON went on to earn a tions to come. It will be a huge part of Mr. KYL. Mr. President, I will just law degree from the University of Ari- his legacy—and it went more or less say thank you to my leader. There is a zona College of Law, where he was edi- unnoticed by most folks in Wash- lot that is enjoyable, some not so en- tor of the Law Review. He must have ington. That is why JON truly embodies joyable, about serving here in the Sen- had some great teachers because it is the old maxim, popularized by Presi- ate. But my time as whip in particular hard to imagine anyone who loves the dent Reagan, who had it placed on his has been one of the most enjoyable study and the application of the law as desk, that there is no limit to what a things I have done, both because it is deeply as JON KYL. man can do or where he can go if he in behalf of our colleagues here, help- JON practiced at a firm in Phoenix for 20 years when he decided to follow doesn’t mind who gets the credit. He ing to get things done, but also because his father’s footsteps instead and take almost seems to relish the thankless I have been able to work alongside a a turn toward public service. As one task. A lot of people don’t know this, great leader in Republican leader long-time friend described it: but JON actually volunteered to serve MITCH MCCONNELL. I will treasure that [Jon] sat down with . . . Caryll, who is on the supercommittee. always, and I am deeply grateful for really his partner, and decided it was time. At press conferences, JON has even the comments he made today. . . . He could have been a rich man. But he been known to lean up against a wall Thank you. decided this was more important. so others get noticed instead of him, The PRESIDING OFFICER. The Sen- JON ran for Congress in Arizona’s which, as we all know, is pretty un- ator from Maryland. Fourth District and won handily, serv- thinkable to most of the folks around Mr. CARDIN. Mr. President, before ing eight terms before winning his Sen- here. Senator KYL leaves the floor, I would ate seat in 1994. JON’s intelligence and personal hu- like to join the Republican leader in One way to illustrate how hard JON mility are just two of the reasons he congratulating him on his public serv- has worked over the years is to look at has been so good at persuading people ice. He and I came to the Congress the the coverage he got then versus the to his view. He persuaded his col- same year, after the 1986 elections—we coverage he gets now. When he first leagues to oppose President Clinton’s are part of the 100th Congress—and we ran for office, one unfriendly paper Comprehensive Nuclear Test Ban Trea- became friends. I couldn’t agree more called him an enigma. But by 2006, that ty. He has used his immense powers of with the Republican leader and his ex- same paper would describe him as a persuasion literally countless times as ample of following your convictions ‘‘national, political figure . . . and one minority whip, and he has done all this with the highest degree of integrity in of the five most powerful Senators in without ever offending anybody. the work you have done. I had a chance Washington . . . a man who most ev- He is that rare politician who man- to serve with you on the Judiciary eryone says is a hardworking, keenly ages to always stand on principle with- Committee, and I can tell you that you intelligent, humble, civilized gen- out ever damaging a relationship. I added greatly to the respect for that tleman who seems always to be doing mean it when I say that to the degree committee and our respect for the what he believes is best for America.’’ I have had any success at all in my process and for the rule of law and for Most of us couldn’t get that out of our role, it has been only because JON KYL civil liberty issues. And most recently, own press secretaries, let alone the has been my partner, counselor, and with the work you did on the hometown paper. friend. Magnitsky bill, the Republican leader

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8251 is absolutely right—you did not seek Gyongyosi, a member of the notorious Court have ruled against the mass dis- the headlines on that legislation, but it extremist party Jobbik and also vice missal of judges in Hungary’s court- could not have been done without your chairman of the Parliament’s Foreign packing scheme, there is still no rem- direction and your help. Affairs Committee, suggested that edy for any of the dismissed judges? I just want to thank you for what Hungarian Jews are a threat to Hun- What is the status of media freedom you have done to advance the reputa- gary’s national security and those in in Hungary, let alone the fight against tion of the Senate and public service, government and Parliament should be anti-Semitism, if a journalist who standing by your convictions, yet registered. The ink was barely dry on writes about anti-Semitism faces pos- doing so in a way that we could work letters protesting those comments sible sanction before the courts for together, respecting everyone’s right when another Hungarian member of doing so? to be heard and our right to work to- Parliament, Balazs Lenhardt, partici- What are we to make of Hungary’s gether. You are indeed a model Sen- pated in a public demonstration last new election framework, which in- ator, and it has been an honor to serve week where he burned an Israeli flag. cludes many troubling provisions, in- with you in the Senate. The fact is that these are only the cluding a prohibition on campaign ads The PRESIDING OFFICER. The Sen- latest extremist scandals to erupt in on commercial radio and TV, onerous ator from Arizona. Budapest over the course of this year. new voter registration provisions, and Mr. KYL. Mr. President, I would re- In April, for example, just before Pass- limits on local election committees, spond by saying thank you very, very over, a Jobbik MP gave a speech in which oversee elections? much. I would just add one other thing. Parliament weaving together subtle I find it hard to imagine that Jews, In this Senate family, although we anti-Roma propaganda with overt anti- Roma, and other minorities will be safe may be of different parties, we make Semitism blood libel. After that, if freedom of the media and religion, good friendships, and it should not go Jobbik was in the news when it was re- the rule of law, the independence of the unnoticed that our spouses also make ported that one of its members in Par- Judiciary, and the checks and balances good friendships. This is a case where liament had requested and received essential for democracy are not also my wife and Senator CARDIN’s wife are certification from a DNA testing com- safeguarded. With that in mind, I will very good friends, which necessarily pany that his or her blood was free of continue to follow the overall trends in draws us closer together, and for that Jewish or Romani ancestry. Hungary and the implications for the we should both be grateful as well. At issue in the face of these anti-Se- region as a whole. I thank my colleague. Mr. President, I suggest the absence The PRESIDING OFFICER. The Sen- mitic and racist phenomena is the suf- ficiency of the Hungarian Govern- of a quorum. ator from Maryland. The PRESIDING OFFICER. The Mr. CARDIN. Senator KYL is abso- ment’s response and its role in ensur- ing respect for human rights and the clerk will call the roll. lutely right. I get my best information The legislative clerk proceeded to from Myrna as to what is going on in rule of law. And the government’s re- sponse has been, to say the least, want- call the roll. the Senate. So I appreciate his com- Mr. DURBIN. Mr. President, I ask ments. ing. First, it has been a hallmark of this unanimous consent that the order for HUNGARY government to focus on blood identity the quorum call be rescinded. Mr. CARDIN. Mr. President, as the The PRESIDING OFFICER. Without Senate chair of the Helsinki Commis- through the extension of Hungarian citizenship on a purely ethnic basis. objection, it is so ordered. sion, I have a longstanding interest in (The Remarks of Mr. DURBIN are Central Europe. For many years the The same Hungarian officials have played fast and loose with questions re- printed in today’s RECORD under Helsinki Commission was one of the ‘‘Morning Business.’’) loudest and clearest voices to speak on lating to its wartime responsibilities, f behalf of those oppressed by com- prompting the U.S. Holocaust Memo- munism and to call for democracy, rial Museum to issue a public state- ESTABLISHING THE DATE FOR human rights, and freedom from Soviet ment of concern regarding the rehabili- THE COUNTING OF ELECTORAL oppression. It has been a great triumph tation of fascist ideologues and polit- VOTES and joy to see the peoples of this region ical leaders from World War II. Mr. DURBIN. Mr. President, I ask I am perhaps most alarmed by the free from dictatorship. unanimous consent the Senate proceed government’s failure to stand against Over the past two decades I have to the consideration of H.J. Res. 122, the organized threats from Jobbik. For been profoundly heartened as newly received from the House and at the example, in late August a mob esti- freed countries of Central Europe have desk. joined the United States and NATO and mated at 1,000 people terrorized a The PRESIDING OFFICER. The joint have become our partners in advo- Roma neighborhood in Devecser, taunt- resolution will be stated by title. cating for human rights and democracy ing the Romani families to come out The legislative clerk read as follows: around the globe. Leadership on those and face the crowd. There were report- A joint resolution (H.J. Res 122) estab- issues may be especially important edly three members of Parliament lishing the date for the counting of the elec- now as some countries in the Middle from the Jobbik party participating in toral votes for President and Vice President East undertake transition, the out- that mob, and some people were filmed cast by the electors in December 2012. come of which is far from certain. Even throwing bricks or stones at the There being no objection, the Senate in Europe, in the western Balkans, Romani homes. The failure to inves- proceeded to consider the joint resolu- there is a crying need for exemplary tigate, let alone condemn such acts of tion. leadership, not backsliding. intimidation, makes Prime Minister Mr. DURBIN. I ask unanimous con- Americans know from our own his- Orban’s recent pledge to protect ‘‘his sent the joint resolution be read three tory that maintaining democracy and compatriots’’ ring hollow. times and passed, the motion to recon- promoting human rights are never jobs Of course, all this takes place in the sider be laid upon the table, with no in- that are finished. As my friend and context of fundamental questions tervening action or debate, and any former colleague Tom Lantos said, about democracy itself in Hungary. statements be printed in the RECORD. ‘‘The veneer of civilization is paper What are we to make of democracy in The PRESIDING OFFICER. Without thin. We are its guardians, and we can Hungary when more than 360 religious objection, it is so ordered. never rest.’’ organizations are stripped of their reg- The joint resolution (H.J. Res. 122) For some time I have been concerned istration overnight and when all faiths was ordered to a third reading, was about the trajectory of developments must now depend on the politicized de- read the third time, and passed. in Hungary, where the scope and na- cisionmaking of the Parliament to re- f ture of systemic changes introduced ceive the rights that come with reg- after April 2010 have been the focus of istration? DEPARTMENT OF DEFENSE considerable international attention. What are we to make of the fact that APPROPRIATIONS ACT Continued At the end of November, Hungary even after the European Commission The PRESIDING OFFICER. The Sen- was back in the headlines when Marton and Hungary’s own Constitutional ator from Alabama.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8252 CONGRESSIONAL RECORD — SENATE December 20, 2012 REMEMBERING DANIEL K. INOUYE recall a time when he did not deliver doesn’t really come from a failure of Mr. SHELBY. Mr. President, earlier for the people of Hawaii. While he the Senate’s rules but, rather, a desire today a lot of us, Members of the Sen- never lost focus on the interests of his by some to see that an agenda can be ate, joined the family and friends of State, he also maintained eternal vigi- pushed through by ignoring that mi- our great colleague who passed away lance on matters of national security. nority right, by overriding the objec- earlier in the week, as they brought his As a war hero, his attention to veteran tions of an individual Senator on be- body into the U.S. Capitol. I rise here affairs and military needs was unsur- half of his or her constituents. this afternoon to extend some of the passed. The rules of the Senate should not be tributes that we have made to the In addition, Senator Inouye served as targeted for change until we look at memory and to the life of Senator the first chairman of the Select Com- what the problems are in the way we Inouye. mittee on Intelligence. As a former conduct our business currently. For so For the past 26 years I was privileged Chairman of this committee, I was long—again, I have only been here 2 to serve alongside Senator Inouye in honored to carry forward the rigorous years, but for the 2 years I have been this Chamber. I came to know him as a oversight example he set. By the time here, it seems to me that often the ma- wise counselor, a skilled legislator, a his career ended, Senator Inouye had jority has obstructed the ideal of un- formidable negotiator, and a trusted become the second longest serving sen- limited debate and put undue stress on friend. His unassailable reputation as ator in U.S. history. the rules of our Chamber. The practice an American hero, however, had been His list of accomplishments and hon- of the majority party has prevented me forged long before any of us here ever ors is seemingly unending. In fact, it is and my colleagues from contributing met him. among the most impressive compiled to the legislative process in several Senator Inouye did not demand re- by any who ever set foot in this Cham- ways. Rather than encourage debate spect. He commanded it. The reasons ber. and compromise by welcoming amend- for this are many. In 1941, he witnessed Senator Inouye never talked about ments, often, as we say here, ‘‘the tree firsthand the horror at Pearl Harbor. any of this. He was not brash or boast- has been filled,’’ or, in the way we As a Red Cross volunteer, he cared for ful or domineering. Rather, he carried would say it in Kansas, we fill up the himself with quiet reserve and firm re- his fellow citizens injured in the at- opportunity for amendments with cer- solve. tack. Not long thereafter, he joined the tain amendments that then preclude 442nd Regimental Combat Team. He Senator Inouye’s life story speaks for itself and demonstrates a faith in and other amendments being considered, was determined to serve his country that being the amendments of the rest despite the fact that he, like all Japa- devotion to our country second to none. He was one of the most decent of us. nese-Americans, had been deemed an In addition to that, the majority and inspiring people I have ever known. ‘‘enemy alien’’ when the U.S. declared leader has filed cloture more than 100 I am proud to have served with this war on Japan. times on the very day the measure was great man and to have called him a As a young military officer in 1945, first raised on the Senate floor, which Daniel Inouye led his unit in a success- friend. I offer my deepest condolences to his wife and family during this dif- basically ends debate on that day. ful attack against a Nazi fortification We get compromise whenever every- in northern Italy. The valor, courage, ficult time. I yield the floor and suggest the ab- one, the majority and minority, have selflessness, and determination he dis- sence of a quorum. the opportunity to present their points played during the battle are the stuff The PRESIDING OFFICER. The of view. Then we sit down and try to of legend, and would later earn him the clerk will call the roll. figure out the difference, how we can Medal of Honor. During this attack he The legislative clerk proceeded to make things work among ourselves. We sustained serious permanent injuries call the roll. have seen rule XIV used to bypass com- that served as constant reminders of Mr. MORAN. Mr. President, I ask mittee work nearly 70 times in the last his sacrifice for our country. unanimous consent the order for the 6 years. Senator Daniel Inouye began his po- quorum call be rescinded. I am honored to serve on a long list litical career as a member of Hawaii’s The PRESIDING OFFICER. Without of committees in the Senate and I at- Territorial House of Representatives in objection, it is so ordered. tend many committee meetings and we 1954. Almost immediately, his col- Mr. MORAN. I ask unanimous con- hold hearings. We listen to our con- leagues tapped him as the majority sent I may speak on the Senate floor as stituents, we listen to the experts, and leader of that body. His tremendous in morning business. we try to reach a conclusion as to what leadership ability was already appar- The PRESIDING OFFICER. Without is best in a piece of legislation. When ent. He then ascended to the Terri- objection, it is so ordered. that process is bypassed, we lose that torial Senate in 1958, and became Ha- SENATE RULES CHANGES opportunity to gain from that insight. waii’s first U.S. Congressman upon the Mr. MORAN. Mr. President, the Sen- In so many instances the committee granting of statehood in 1959. Only 3 ate, of which I am a new Member, was process is bypassed. I am a member of years later, Daniel Inouye became a at one time called the world’s greatest the Senate Appropriations Committee, U.S. Senator. He was elected to a stag- deliberative body. Its rules have re- with the example of our inability to gering 9 consecutive terms, continuing mained largely unchanged since the or- have appropriations bills and no budg- to serve until his passing. It is a testa- igin of the Senate. This Chamber’s dis- et. I am a member of the Banking Com- ment to his effectiveness as a Senator tinguishing attribute has undoubtedly mittee on which we have lots of hear- and his devotion to his State that no been its right of unlimited debate and ings but very few markups. I think it challenger ever mounted a serious its greatest protections are the rules undermines the ability for each of us to threat for his seat. put in place to defend that right of de- do our jobs on behalf of America. Through his hard work in the U.S. bate. I think we have been forced away Senate, Senator Inouye helped to en- I am worried about the talk now of from what is most valuable here—dis- sure that Hawaii’s economy and people destroying any Senator’s ability to fili- cussions. Not that any of us gets our prospered. As a member, and later buster, to delay consideration of a bill, own way. That is not the nature of this chairman, of the Appropriations Com- because it is a fundamental right of all place. It is not the nature of America. mittee, Senator Inouye skillfully se- Senators to express their opposition to But we each have our own voice, and cured myriad infrastructure, natural legislation even when that Senator by being able to express ourselves we resource, cultural, job training, and ag- stands alone—when you are the only have the opportunity to flesh out the riculture projects for his State. As a one who opposes that legislation. This best ideas and ultimately to require member of the Appropriations Com- is an important right, protecting a people to come together and reach an mittee I learned valuable lessons by ob- Senator’s right to object and a Sen- agreement—that word that sometimes serving Senator Inouye over the years. ator’s right to represent his or her own is not said often enough—compromise. He understood the art of the deal, al- constituency. I recognize this as a Member of the ways operating out of mutual respect Something tells me the desire to curb Senate representing the State of Kan- toward shared interests. And I can not this unlimited debate of the Senate sas. I consider my State often in the

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8253 minority. We are very rural. The issues of political minorities. As long as the Senate won freedoms and unlimited debate. we care about are different than those retains the power to amend and the power of This tradition stands as a testament to of places in the rest of the country. I unlimited debate, the liberties of the people the sacrifices of generations of early represent a small population and many will remain secure. Americans and Americans throughout of my colleagues represent large urban When then-Senator JOE BIDEN was a the history of our country. This free- areas with large populations. In the ab- part of this Chamber, he once said in dom is one that will certainly be sence of rules protecting me as a Sen- defense of the filibuster: fought for in this Congress and the ator representing a minority, I think At its core, the filibuster is not about stop- next. my ability to represent that minority ping a nominee or a bill, it is about com- I yield the floor and note the absence is diminished. I recognize that I do not promise and moderation. of a quorum. always have the right answer to every In 2005, when Republicans controlled The PRESIDING OFFICER (Mrs. question. I have great respect for ev- the Senate and President Obama was a SHAHEEN). The clerk will call the roll. eryone’s opinion. I was never ordained Senator, he said: The assistant legislative clerk pro- by God to have all the answers to every If the majority chooses to end the fili- ceeded to call the roll. problem, but I think we find answers buster—if they choose to change the rules The PRESIDING OFFICER. The Sen- by having respect and listening to oth- and put an end to democratic debate—then ator from Wisconsin. ers, and to sort out what we think is fighting and bitterness and the gridlock will Mr. JOHNSON of Wisconsin. Madam the best of our ideas and the best of only get worse. President, I ask unanimous consent other ideas to see that good things hap- I think this statement applies today. that the order for the quorum call be pen on behalf of America. I am tired of the fighting, bitterness, rescinded. We need to make certain that Repub- and gridlock. The American people do The PRESIDING OFFICER. Without licans and Democrats have the oppor- not want to see even more partisan objection, it is so ordered. tunity to defend their opinions and bickering in Washington, DC. They TRIBUTES TO DEPARTING SENATORS then come together. We need to make want us to work together and solve our HERB KOHL certain the legislative process works in Nation’s problems. They want us to get Mr. JOHNSON of Wisconsin. Madam the committee and we need to make things done. President, I rise to pay tribute to a certain that we are not precluded from Preserving the rules of the Senate is man who has been generous with his standing here, day after day, in opposi- not a partisan issue, but it is about time, his treasure, and his heart, to his tion to legislation that we believe is protecting the nature of the Senate friends, his family, the State of Wis- bad for America. It is the Senate that and the rights of the minority. Without consin, and to America, Senator HERB has the opportunity to keep bad things the ability to compromise or debate on KOHL. from happening. the floor of the Senate, I fear the America and Wisconsin have always Again, I worry that as a result of the greatest deliberative body will be dras- been defined by immigrants arriving in lack of function of the Senate over the tically changed for the worse. this country seeking freedom, oppor- last years that we are going to make The original design of the Senate en- tunity, and a better life for themselves dramatic changes in the rules that ables each Senator to be equal to one and their families. Such was the case change the nature of this body, who we another no matter the party label, and for Senator KOHL’s father Max, an im- are and what we can accomplish, what each has the right to protect using the migrant from Poland, and his mother our purpose is. filibuster. If we choose to silence the Mary, an immigrant from Russia. We need to work together, no doubt Senators in the minority now for the about it, but the idea of changing the Their family’s story was just one sake of political expediency and lower rules, in my view, diminishes the need among the many millions of stories of the number of votes needed for a bill to to do so. Our constituents expect us to fulfillment of the American dream. pass without dissent, then we risk Max and Mary’s son Herb attended represent them and their best interests changing the very nature of the Sen- Washington High School in the Sher- and that means that we have the ate. right—the necessity—of participating man Park neighborhood of Milwaukee. I see this as a former Member of the in the legislative process. I owe that to He graduated from the University of House of Representatives. I am accus- Kansas. I owe them nothing less. With- Wisconsin Madison in 1956 and went on out the right to use the filibuster to tomed—after 14 years—to having these to earn an MBA from Harvard Business stop consideration of a bill until all words spoken: I yield to the gentleman School in 1958. ideas, all issues are heard, we risk the from Kansas 60 seconds. Senator KOHL’s service to his country loss of that dissenting voice for a mi- The Senate is different from the started at a young age. He enlisted in nority—no matter what party may be House. We are entitled to more than 60 the U.S. Army Reserve after receiving in power. seconds of being able to speak in sup- his MBA and served in the military for Previous Members of the Senate have port or in opposition to issues before 6 years. After his military service, he understood the importance of pro- the Senate. If that filibuster were to be began contributing to our Nation not tecting the minority’s rights and have destroyed, and if the last protection of in government but in the private sec- spoken out in defense of unlimited de- the rights of the minority were to be tor. During the 1970s, he managed his bate as it exists in the Senate today. I disregarded, then the Senate would be- family’s well-known retail businesses. worry that the Senate is becoming a come substantially no different from The stores built by the Kohl family re- different place. As I studied history, the House. It would be marked by lim- main the legacy that all Wisconsin re- there was always the voice of the insti- ited debate where the majority runs spects and appreciates. tution, the Senator who had been here against the basic nature of the Senate When Wisconsin’s NBA team, the for a long time. There was the collec- rules based largely upon population. Milwaukee Bucks, was considering tive wisdom that, yes, we are in the When the Republicans were in con- moving out of the State for financial minority now—or we are in the major- trol of the Senate in 2005, Senator reasons, Citizen Kohl stepped in and ity now—but that someday it will be REID, our majority leader, said: purchased the franchise. He prevented the reverse, and we want the rules to The threat to change the Senate rules is a the team from leaving and preserved apply no matter what the position. It raw abuse of power and will destroy the very professional basketball as an integral seems to me that in the past, Members checks and balances our Founding Fathers part of Wisconsin’s strong sports tradi- of the Senate would speak out—wheth- put in place to prevent absolute power by tion. Suffice it to say, Citizen Kohl had er a Democrat or Republican—for the any one branch of government. established himself as a very successful institution of the Senate and what it It is my belief that the Senate still member of this Nation’s business com- means to the American people and the exists today in the form that the munity. But he didn’t hoard his finan- Constitution of the United States. Framers intended and that we must cial success; he shared it and he shared The late Senator Byrd once said this put a stop to this raw abuse of power. it generously. about the design of the Senate: The Senate represents the embodiment Senator KOHL’s philanthropy was The Senate was intended to be a forum for of freedom of speech, and we should en- widespread, but he particularly seemed open and free debate and for the protection courage the full exercise of our hard- to enjoy directing his generosity to

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8254 CONGRESSIONAL RECORD — SENATE December 20, 2012 helping Wisconsin students and edu- all worked ceaselessly to give their body, my colleague and friend, OLYM- cators. In 1990, he established the HERB constituents the best representation PIA SNOWE of Maine. Her willingness to KOHL Educational Foundation Achieve- and give the country the benefit of reach across the partisan divide to ad- ment Award Program. This program their views, their wisdom, and their ex- vance legislation to benefit the Nation provides a total of $400,000 to hundreds perience. They are men and women and the Senate and her State of Maine of students, teachers, and schools who are committed to the Nation, and is, in my view, legendary. I was pleased throughout the State of Wisconsin they have every day in different ways to work with her when it came to sup- each and every year. In 1995, Senator contributed to this Senate and to our porting our fishermen and lobstermen, KOHL continued his generosity to edu- great country. who are critical to our local econo- cation and sports in our State by do- I wish to thank them personally for mies. She and I have worked closely to- nating $25 million to the University of their service, and, in so many cases, gether on a host of other issues, includ- Wisconsin Madison for a new sports their personal kindness to me; for lis- ing supporting strong investments in arena. The Kohl Center, as it is now tening to my points and for, together, LIHEAP and our Nation’s libraries. known, is the home for the school’s hopefully, serving this Senate and this JIM WEBB, a decorated combat vet- basketball and hockey teams. Nation in a more positive and progres- eran, is someone whose love for this Senator KOHL was first elected in 1988 sive way. Nation was manifested very early, as and even though his duties required In particular, let me say a few words he led marines in combat in Vietnam. him to spend time in Washington, his about some of the Members with whom His extraordinary courage is only heart has always been with the people I have had the privilege to work more matched by his quiet demeanor and his of Wisconsin. For the past 24 years, he closely. calm sense of confidence that project has maintained a strong passion for Senator DANIEL AKAKA, like his col- outward in every different capacity. league, the late and revered Senator Wisconsin’s children, seniors, farmers, Of course, he has taken it upon him- Daniel Inouye, proudly served our Na- and manufacturers. self to make sure we do not forget our tion during World War II. I am stepping As a man whose life has been distin- veterans. He was the architect of the into the huge shoes of DANNY AKAKA as guished by generosity, it is worth not- post-9/11 GI bill and, in doing so, he has the cochair of the Army Caucus. From ing that his final speech on the floor of enriched the lives of so many who were one soldier to another, I salute him. the Senate was not a long list of his willing to risk their lives for this Na- He has also been an extraordinarily tion. I, again, salute him for all he has many accomplishments; instead, it was forceful advocate not just for active- a short heartfelt speech of gratitude to done. duty personnel but for veterans and, of KENT CONRAD is an extraordinary those who made him the generous man course, for the men and women of his budget chairman. No one knows more he is today, those he served with, and beloved Hawaii. about the intricacies of the budget and those he represented in the Senate for JEFF BINGAMAN has distinguished no one brings to that very difficult de- four consecutive terms. Now it is our himself through his work on the En- bate more of an innate sense of fairness turn to thank Senator KOHL for the ergy and Natural Resources Committee and decency than KENT CONRAD. honorable 24 years he has served his to improve our Nation’s energy policy, I could go on with all of my col- State and this Nation. particularly improving our energy effi- leagues, just thanking them for their During his first election, the slogan ciency. He has the vision and knowl- friendship, for their camaraderie, and of Senator KOHL’s campaign was ‘‘No- edge which he has displayed so many for their commitment to the Nation body’s Senator but Yours.’’ There can times to deal with the difficult issues and the Senate. As they depart, they be no doubt in anyone’s mind that he that face us with respect to the appro- have left an extraordinary legacy. Now has lived up to that promise each and priate use of energy. it is our responsibility to carry on in so every day. He has also focused on some of the many different ways, and I hope we On behalf of all the citizens of Wis- greatest challenges facing our edu- measure up to what they have done. If consin, I wish to thank Senator HERB cational system, including preventing we do, then we can go forward con- KOHL for his generous spirit and his dropouts and promoting the use of edu- fidently. many years of service to Wisconsin and cation technology. With that, I yield the floor. America. SCOTT BROWN has drawn from his The PRESIDING OFFICER. The Sen- With that, I yield the floor and note over 30 years of experience in the Na- ator from New Hampshire. the absence of a quorum. tional Guard to advocate for our serv- JOE LIEBERMAN The PRESIDING OFFICER. The icemembers. I am particularly pleased Ms. AYOTTE. Madam President, I clerk will call the roll. we were able to work together to cre- wish to say a few words about my The assistant legislative clerk pro- ate the new Office of Service Member friend JOE LIEBERMAN, the gentleman ceeded to call the roll. Affairs at the Consumer Financial Pro- from Connecticut. Mr. REED. Madam President, I ask tection Bureau. Shortly after I arrived in the Senate, unanimous consent that the order for I have had the honor of serving with Senator LIEBERMAN was assigned to the quorum call be rescinded. KAY BAILEY HUTCHISON on the West serve as my mentor—someone from the The PRESIDING OFFICER. Without Point Board of Visitors, and I am also other side of the aisle who would be a objection, it is so ordered. grateful that she joined with me on a source of wisdom and guidance as I DANIEL AKAKA, JEFF BINGAMAN, SCOTT BROWN, bill to improve care for children who made my way in my first term in the KENT CONRAD, JIM DEMINT, KAY BAILEY survive cancer. Senate. HUTCHISON, HERB KOHL, JON KYL, JOSEPH JOE LIEBERMAN and I have worked I considered myself extremely fortu- LIEBERMAN, RICHARD LUGAR, BEN NELSON, many hours to protect the submarine nate that he agreed to mentor me. We OLYMPIA SNOWE, AND JIM WEBB industrial base that is crucial not only are both from New England. We both Mr. REED. Madam President, at this to our strategic posture but also to our had the privilege of serving our State time, I wish to take a few minutes to local economies. He has done it with as attorney general and have a deep re- salute my colleagues who are retiring great vision and great energy, and I spect for the rule of law. And we are at the end of this year with the conclu- thank him for that. both deeply concerned about issues im- sion of the 112th Congress: DANIEL RICHARD LUGAR is one of the most de- pacting the security of our country. AKAKA of Hawaii, JEFF BINGAMAN of cent and thoughtful individuals ever to Over the last 2 years, I have been New Mexico, SCOTT BROWN of Massa- serve in this body. We will miss his able to work with Senator LIEBERMAN chusetts, KENT CONRAD of North Da- wisdom and his voice, particularly on more closely, and I have personally kota, JIM DEMINT of South Carolina, nuclear nonproliferation and arms con- seen his character, his courage, and his KAY BAILEY HUTCHISON of Texas, HERB trol. I am also pleased to have joined conviction. Both in tone and in sub- KOHL of Wisconsin, JON KYL of Arizona, him on so many other issues, and he stance, Senator LIEBERMAN has been JOSEPH LIEBERMAN of Connecticut, leaves an extraordinary mark on this one of the most respected and effective RICHARD LUGAR of Indiana, BEN NELSON institution. statesmen in the history of this insti- of Nebraska, OLYMPIA SNOWE of Maine, I have also had the privilege to work tution—someone who transcended poli- and JIM WEBB of Virginia. They have closely with another Member of this tics to stand up for what he believed in

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He 11, to those horrible attacks on our forged a great relationship with Scoop Senator LIEBERMAN understands that country, and every American is safer our children will not ask us whether we and Maggie. That started when Scoop because of the work JOE LIEBERMAN did Jackson actually championed state- were Democrats or Republicans and as chairman of that committee, and hood for Hawaii starting as early as how good we were at that, at being a the work he did on the Senate Armed the late 1940s. He played a key role in member of a party; they will ask us Services Committee in this body—and supporting it and passing it into the whether we were willing to make the the work I know he will continue to do Hawaii Statehood Act. That is some- tough decisions necessary to ensure when he leaves the Senate. thing Danny Inouye was so appre- that they continue to enjoy prosperity My friend JOE LIEBERMAN represents and freedom in the greatest country on the very best of public service. He has ciative of. They forged a great rela- Earth. stood firm for freedom, international tionship. What I admire about my friend JOE engagement, and American military Senator Inouye and Senator Maggie LIEBERMAN is that he is someone who strength. He will be remembered were great friends and mentors. I had always puts country first above all among Members of this body not only the opportunity many years ago to else. For Senator LIEBERMAN, this has for his accomplishments but for the hear both of them at Senator been especially true in the area of na- way he has conducted himself. Always Magnuson’s house in Seattle reminisce tional security and homeland security. a gentleman, he has conducted himself about their days together. Some of As our Nation has encountered dif- with great decency, civility, and hu- those stories I could share on the floor; ficult economic headwinds at home— mility. over $16 trillion in debt—there have some I could not. But they were long- At a time when our country faces been Members of both parties who have time friends. great challenges, his quiet and effec- argued for excessive cuts to our mili- The one story that is written about tive leadership and commitment to tary and that we disengage from the in Warren Magnuson’s biography by working across party lines will be sore- rest of the world. Yet, in the great tra- Shelby Scates is a story about how, ly missed in this body. He will cer- ditions of Presidents Truman, Ken- when Mount St. Helens blew up, Sen- tainly continue to serve as a model for nedy, and Reagan, Senator LIEBERMAN ator Magnuson went to Senator Inouye all of us who remain serving in the has made the compelling case that the and said: We need about $1 billion to Senate, and I know in future endeavors United States best promotes its values help for the cleanup of Mount St. Hel- I will certainly seek him out to seek and protects its citizens when we re- ens. main engaged around the world, main- his advice and counsel, as we face great You can imagine in 1980 what a tre- taining our military strength, having challenges not only here at home but mendous amount of money that would the best military in the world. also in terms of our military and the Having had the chance to work with role America plays in the world. be. Senator Inouye said: Senator Mag- nuson, we have volcanoes blowing up Senator LIEBERMAN on the Senate We all admire his leadership here, Armed Services Committee, his com- and it has been a true privilege for me all the time in Hawaii, and we never mitment to our men and women in uni- to have had him mentor me the last 2 get a dime. form has been inspiring. He has shown years. I have learned so much from Magnuson responded: Just wait, it a deep commitment to make sure they him. And, again, I think he serves as a will be your turn soon. model public servant of what it means have the best equipment they need and So these are two incredible individ- that we remain the strongest military to be committed to doing the right uals who forged a relationship and, in the world; and that when our sol- thing for your country. along with Jackson, were some of the diers come home, they receive the sup- Thank you, Madam President. big giants of our day in the Senate. We port they need. He has been such an I suggest the absence of a quorum. in the State of Washington certainly amazing advocate for the military and The PRESIDING OFFICER. The benefited greatly from Senator their families. clerk will call the roll. I also appreciate that like Winston The assistant legislative clerk pro- Inouye’s incredible help and support. I Churchill, Senator LIEBERMAN under- ceeded to call the roll. know he traveled to our State many stands the value of alliances between Ms. CANTWELL. Mr. President, I ask times at my request and participated democracies and has spoken with unanimous consent that the order for in many different events. Probably one moral clarity regarding the enemies of the quorum call be rescinded. of the most important things he did for freedom. He has not hesitated to call The PRESIDING OFFICER (Mr. us in the State of Washington was the terrorism an evil by its name and to COONS). Without objection, it is so or- Puyallup land claim settlement and speak out for dissidents and freedom dered. how Senator Inouye led the fight as the fighters around the world. REMEMBERING DANIEL K. INOUYE chairman of the Indian Affairs Com- I will never forget a trip I had the Ms. CANTWELL. Mr. President, I mittee to make sure the right thing privilege of taking with him to Asia, rise to salute my colleague, Senator was done. Dan Inouye, and remember him for his where we had the opportunity to meet Together with Congressman NORM great service to our country. Like so individuals who were imprisoned. And DICKS, we had a very difficult situa- many of my colleagues, I come down to they spoke with tears in their eyes of tion. The Puyallup Tribe, the Port and the Senate floor with a great deal of the work Senator LIEBERMAN and Sen- the City of Tacoma, and others all had sadness but also admiration for the in- ator MCCAIN and others had done to a difficult dispute going on. The end re- credible life that Danny Inouye led. speak up on their behalf. sult was the second largest Native Senator LIEBERMAN has spoken for He certainly was a giant among Sen- American land claim settlement in those who have been oppressed around ators, and for the work he did—every- U.S. history. The deal led to tremen- the world time and time again, and he thing from investigating Watergate to dous economic growth for the tribe, for has left his legacy on this institution fighting for Native Hawaiian rights, to the port, and for the surrounding com- in making sure that America stands for everything he did in the United States mittees. our values and for people around the every day—he will be remembered as a world who are struggling for basic man who fought for justice. When I Senator Inouye, as I said, was the human rights and freedom. think about Danny Inouye and the chairman of the Select Committee on In this Chamber, he will also, of mentoring he has done for me and my Indian Affairs in 1980 when the Puy- course, be remembered for the incred- colleague Senator MURRAY and for the allup Tribe successfully sued to assert

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8256 CONGRESSIONAL RECORD — SENATE December 20, 2012 its claim for land around its reserva- essary oversight to navigate this a company in Seattle, VECA, which tion. This land included the Port of Ta- thorny issue. He also has helped us on hires primarily veterans, and I can tell coma, many parts of downtown Ta- many other issues, protecting salmon you they were so happy to meet him. coma, and the towns of Fife and Puy- and our other fisheries, fighting for Na- They were so excited to see one of our allup. Because of his strong commit- tive Americans and supporting strong Nation’s true heroes and to honor him ment to Native American rights, the defense and veterans’ issues. by talking about the service they were Puyallup Tribe trusted Senator Inouye He certainly will be remembered in trying to give back to our country. to serve as an intermediary between the Northwest as a true friend. Our Na- From the battlefields of World War II the parties involved in the negotiation tion’s veterans had no greater friend to the Halls of Congress, Senator to try to resolve this dispute. He made than Senator Inouye. But when it came Inouye brought grace, charm, and an around a dozen trips to Washington time to pass national legislation recog- unbelievable sense of duty to our coun- State at key moments of this negotia- nizing the Japanese-American vet- try. He truly was a giant of a states- tion. erans’ contributions to our country man, not just in Hawaii but in the If you can imagine, a Senator who during World War II, he let others take State of Washington. has to represent his State, be a leader the lead, knowing he, himself, would A few years ago, Senator Inouye was on the Appropriations Committee, and also be an honorary recipient of this visiting some underprivileged children who would spend so much time on one award. in Hawaii to see the digital media cen- particular dispute. During a ceremony in November of ter he helped support. One of the stu- During one tense session at a Tacoma 2001, with the other Nisei veterans at dents he met said, ‘‘I feel like I met hotel, Senator Inouye described his his side, Senator Inouye accepted the one of the most important people in role as ‘‘messenger boy,’’ running be- Congressional Gold Medal on behalf of the world.’’ tween tribal negotiators on the second the 100th Infantry Battalion, the 442nd I couldn’t agree more. Senator floor and non-Indian negotiators on the Regimental Combat Team, and the Inouye’s legacy and impact cannot be fifth floor. By his own estimate, he Military Intelligence Service. overstated. He was an old-school Sen- shuttled between those two floors 21 In his remarks, Senator Inouye said, ator who was always courteous, re- times. His tireless commitment and ‘‘Seventy years ago, we were enemy spectful to his colleagues no matter work helped keep the negotiations aliens, but today, this great Nation what the circumstances, and he will moving along. Finally, in 1988, a deal honors us in this special ceremony.’’ I not be forgotten. was struck and the settlement was can tell you because there were many I join our Nation in praying for his passed into law in 1989. Nisei veterans from the Pacific North- wife Irene, his son Ken, and daughter- The tribe relinquished claims to land west who traveled to our Nation’s Cap- in-law Jessica, his stepdaughter Jen- it originally held. In exchange, they re- ital to participate in that event. Their nifer, and his granddaughter Maggie. I ceived $162 million that included 200 families were so honored to be there hope they understand how much we ap- acres of disputed land. Of this total, $77 with their parents and to honor them preciate them sharing him with us and million were Federal funds, which Sen- in this great ceremony. It would not all he did. ator Inouye and Congressman DICKS have happened if it had not been for His service to our country will not be worked to obtain. Senator Inouye’s incredible leadership. forgotten, and it certainly will be im- When Senator Inouye was asked He also successfully fought to honor possible to match. about the Federal Government’s con- the veterans who served in the Com- I yield the floor. tribution toward the settlement, he re- monwealth Army of the Philippines on Mrs. FEINSTEIN. Mr. President, it is plied: ‘‘I got my training from Magnu- the side of the United States during with great sadness that I come here son.’’ World War II. Because of a law passed today to talk about my friend: Senator For the Puyallup Tribe, the results in 1946, their service was not recog- Danny Inouye. Danny was a friend of have been dramatic. Today the tribe is nized. They were denied access to mine since I came to the Senate 20 one of the largest employers in Pierce health care and given only half the dis- years ago. He had a unique ability to County, and it is moving forward with ability and death compensation of U.S. connect with people, to befriend them. its port development partnership. The veterans. I know. He always helped me. He was Puyallups have become a prominent Senator Inouye changed that. Over smart, able and someone that over 20 leader for other tribes in important the years, he secured nearly $200 mil- years I grew to love. areas such as protecting natural re- lion in compensation for Filipino vet- He was a war hero who fought brave- sources, providing law enforcement, erans, and he fought to grant Filipino ly in World War II, even at a time when and improving health care. veterans the same access as U.S. vet- many in this country actively discrimi- As for the Port of Tacoma, the re- erans to VA hospitals. nated against Japanese-Americans. sults have been impressive as well. Senator Inouye’s strong sense of And he served in this body for 50 With the settlement, the port was able honor and justice drove him to fight years—the second longest serving Sen- to tear down the Blair Bridge and open for the recognition of these veterans’ ator of all time. the waterways to the world’s largest service. He was fond of saying ‘‘justice Danny and I worked closely together container ships. Removing the uncer- is a matter of continuing education.’’ on the Appropriations Committee for tainty of land ownership and relocating For that reason, he also made sure many years. I often sought his counsel, Highway 509 also unlocked land in the injustices endured by U.S. citizens and and he was always an advocate for me. upper Blair Waterway for development, permanent residents of Japanese ances- I want to say something personally and a lot of new development occurred. try during World War II will never be to his beloved wife Irene: You were According to the port, these improve- forgotten. He led passage of the Civil married to a truly wonderful man and ments provided 43,000 jobs in Pierce Liberties Act of 1988, which acknowl- an American hero. Death of a loved one County. The volume of cargo at the edged their forced internment and pro- is hard. I know. I have been through it. port has nearly doubled, growing from vided compensation for those surviving But, Irene, the love does remain. I 782,000 containers in 1988 to nearly 1.5 detainees. Senator Inouye also under- know you were so proud to be his wife, million containers in 2011. Now the stood that recognizing and honoring to help him share his dreams through Port of Tacoma handles more con- the service of these veterans meant these years. tainers than its friendly rival to the helping them prosper as they were en- I want you to know that you have north, the Port of Seattle, so it is tering civilian life. many friends here, who now want to something they very much take with I was proud to work with Senator help you through this most difficult great pride. Inouye and my colleague Senator MUR- part of life. Senator Inouye has stood with Wash- RAY on the VOW to Hire Heroes Act of Danny, you will be greatly missed. ingtonians on an issue that was so im- 2011. Because of the act, businesses Thank you for your service, thank portant to us and has led to so much that hire qualified veterans can get tax you for your friendship. growth and economic development, and credits up to $9,600. Back in April of Mr. JOHNSON of South Dakota. Mr. only his leadership provided the nec- this year, Senator Inouye and I visited President, it was with great sadness on

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8257 Monday that we learned of the passing many ‘‘firsts’’ for our country and for December 7, 1941, he was there, serving of a member of our Senate family, Sen- his State. In 1959, he became the first as a medical volunteer in the most hor- ator Daniel Inouye. My deepest sym- ever Asian American to serve in the rific and dangerous circumstances. pathy goes out to his wife, Irene, his United States Congress, elected during When the ban on Japanese Americans son, Kenny, and to all of his family. I Hawaii’s first ever federal election serving in the U.S. military was lifted also extend my sympathy to the great cycle, representing the State as part of in 1943, he immediately enlisted. In the people of Hawaii, who have lost one of its first ever congressional delegation. closing days of World War II, when his their champions. He almost added another impressive platoon came under intense enemy fire, Over the past few days, I have heard ‘‘first’’ to his re´sume´, when Min- Second Lieutenant Inouye led the at- my colleagues pay tribute to this won- nesota’s own Hubert Humphrey put tack, despite grievous wounds. derful man. They have used words such Dan at the top of his short list for run- That extraordinary heroism earned as statesman, public servant, hero, pa- ning mates in the 1968 presidential Dan Inouye the Medal of Honor but triot, leader, mentor, and champion. election. cost him his right arm and his dream Each of these tributes is without a But perhaps the greatest legacy Sen- of becoming a surgeon. In the true doubt deserved. I echo all of these acco- ator Inouye will leave behind is his ‘‘Aloha Spirit,’’ he found another way lades, but above all I was honored to record of standing up for our men and to serve, first as a member of the Ha- call Senator Inouye ‘‘friend.’’ women in uniform. As Chairman of the waii Territorial Legislature, and then, Senator Inouye and I served on two Appropriations Committee and the De- when statehood was achieved in 1959, as committees together, with him serving fense Appropriations Subcommittee, he Hawaii’s first Member of Congress. as my Chairman on both of those com- revolutionized the way our country In 1962, Dan was elected to the Sen- mittees: Indian Affairs and Appropria- serves those who have served for us— ate, beginning a half century of con- tions. The lessons I learned from him not just on the battlefield, but also tributions, accomplishments, and lead- will forever be with me. His commit- here at home in the form of stronger ership on behalf of this institution and ment to American Indians, Alaska Na- benefits for veterans and better sup- our Nation. He was the first Japanese tives, and Native Hawaiians was unpar- port for military families. American elected to the Congress and a alleled. In our home States, we both Senator Inouye knew a thing or two stalwart champion of civil rights for have large populations of Native people about service. He enlisted in the Army all. He was a decorated hero who and his leadership on these issues has after the attack on Pearl Harbor and fought for the rights and benefits of all taught me that our work is never done fought for our country on the front veterans. From his daily work in the when it comes to bettering the lives of lines during World War II. He did it de- Senate to his exceptional service on our first people. I had the opportunity spite our government’s decision to the Watergate and Iran-Contra com- to work with him on a number of im- place his own people, Japanese Ameri- mittees, Dan approached every task portant issues impacting South Dakota cans, in internment camps because he with the determination to do what was Natives over the years, and I very believed that he and his family owed best for our country. I was privileged to serve with Dan on much appreciated his visit to South the United States an ‘‘un-repayable the Appropriations Committee and Dakota in 2002 to conduct a hearing in debt.’’ I would argue that he paid back honored to join him in the Gang of 14 Rapid City on Native issues. that debt and much, much more. to preserve the tradition of open debate A man of quiet reflection, Danny was To this day, the unit of all Japanese- in the Senate. No matter how difficult a giant among men. A Medal of Honor American soldiers that he served with the issue, he always conducted himself recipient for his efforts in World War II is the most decorated in history for its with dignity and civility. and recipient of two Purple Hearts, he size and length of commitment. Sen- In this time of sorrow, I offer my was a true American hero. His acts of ator Inouye himself earned a Bronze deep condolences to the Inouye family. valor during the war are nothing short Star, a Distinguished Service Cross I hope they will find comfort in know- of legendary. His care for veterans ri- and, eventually, the Congressional ing that this great patriot and public vals that of any past or present Mem- Medal of Honor. servant leave a legacy that will inspire ber of this body. The story of how he earned it—and Americans for generations to come. To put Senator Inouye’s service into how he lost his right arm—is the stuff And to Senator Daniel Inouye I say, perspective, eight Members of this of legend. A grenade exploded near his aloha pumehana, my friend. Farewell Chamber had not even been born when right elbow during a firefight in Italy, with my deepest regards and affection. Danny was sworn into his first term as shredding his arm and severing his Mr. ENZI. Mr. President, I appreciate the third Senator from the State of Ha- hand just as he was preparing to throw having this opportunity to join my col- waii. Not many Senators in the history a grenade of his own. Afraid the weap- leagues in expressing not only my of this Chamber have done more for on might detonate in his nearly sev- great sadness on the passing of Senator their home States than what Senator ered right first, Senator Inouye used Inouye but my great appreciation of Inouye did for his beloved Hawaii. His his left hand to pry it out and throw it his lifetime of service to his beloved legacy is spread far and wide through- towards enemy lines. He was, and is, a Hawaii and to our Nation. Danny out the Hawaiian Islands. true America hero. Inouye lived a full and active life, and Senator Inouye will be greatly From his decorated military career his great gifts enabled him to make a missed in this Chamber. His mark on to his long-time service for Hawaii, difference that will continue to be felt this body and on his home State of Ha- Senator Inouye was a dedicated public for a long time to come. waii shall be felt for generations to servant. Humble to the end, Senator I had the honor of introducing Danny come. Aloha, my friend. Inouye was and always will be known Inouye during one of our Prayer Break- Ms. KLOBUCHER. Mr. President, I as a true gentleman in the Senate. fasts earlier this year. Even though I rise today to speak in remembrance of Aloha, Senator Inouye. thought I knew him pretty well, as I an incredible statesman and American Ms. COLLINS. Mr. President. With read the interviews and personal reflec- hero, Senator Daniel Inouye of Hawaii. his family at his side, the last word tions he had shared on his life, I real- Senator Inouye passed away Monday spoken by Senator Daniel Inouye in ized more than before the importance evening, and to say that his leadership this life was ‘‘aloha.’’ To the people of of the role he had played over the years will be missed would be a tremendous Hawaii, it is a word with a meaning far as he worked so very hard to make Ha- understatement—not only of his influ- beyond simply ‘‘hello’’ or ‘‘goodbye.’’ It waii all that it is today. ence as a policymaker but of his iconic is a word of profound significance, one Danny learned at an early age all status as a pillar of the Senate. that describes a spirit of service to oth- about the importance of observing the In terms of political longevity, he ers, of compassion, and reverence. great values that served to help direct follows only Robert Byrd as the second It is the best possible epitaph for my his life—love of country, love of fam- longest serving Member in Senate his- cherished friend and colleague. ily, service to all those who needed his tory. This is significant because second Dan Inouye lived that spirit every help, and, equally important, service to place never came naturally for Senator day of a long and remarkable life. God. Over the years those great prin- Inouye. He was, after all, the face of so When Pearl Harbor was attacked on ciples helped to make him a leader in

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8258 CONGRESSIONAL RECORD — SENATE December 20, 2012 every sense of the word as people statehood were successful, and they re- than some people experience in a life- looked to him for his leadership in dif- sulted in the addition of Hawaii to the time. Although we had him with us for ficult times of both war and peace. roster of our States—and placed an- so many years, it still feels like he was Over the years, he was often asked other star on the American flag he taken from us all too soon. about his experience during World War loved so dearly. Now we come together to say good- II and the impact it had on him. Danny Danny knew that statehood would bye to our colleague—confident in the would begin his reflections when he not be the end, it would be just the be- knowledge that he has made a dif- was a young man, still in high school ginning of the next great chapter in ference in Hawaii and in Washington and pursuing his dream of a career in the history of Hawaii. Danny wanted to that will continue to have an impact medicine. As so often happens in our be a part of that effort, too, so he was for many years to come. It is often said lives, his life was changed forever in a encouraged to run to serve as Hawaii’s but always bears repeating that one moment that began one morning as he first Representative in the House. He person can make a difference in the was getting ready for church. He heard was successful, and his election to the world that will equal their determina- a report on his radio that Pearl Harbor Congress gave him an opportunity to tion to do so. Danny is the proof of was being attacked. Without hesi- take on another leadership role— that, and his memory will continue to tation, Danny headed over to the base crafting the future of his beloved home inspire all those who knew him or will to see what he could do to help those State. Once again, it brought out the read about him and his great love for who had been injured. Danny had best in him, as he dedicated himself to the United States of America. learned a great deal about first aid, and making Hawaii a better place for all As a grandfather, I will also long re- his skills were put to good use to help those who called that special place member that day just a few years ago those who had been injured that day. their home. when Danny became a grandfather, That was just the first part of It wasn’t long before Danny then ran too—for the first time. It was a day he Danny’s story and his experience with for and won his election to the U.S. had long anticipated and looked for- the war effort of those years. In the Senate. It began a Senate career that ward to. It reminded me of how much days to come it would present him with was to enable him to make a difference it means to all grandfathers to hold the one of the toughest challenges that in more ways than we will ever know. next generation of their family in their anyone could have ever faced as he As he served here, he did more than ob- arms and to be reminded of the great played an important role in the effort serve history or participate in it—he circle of life and all that it means as to protect our Nation and restore peace helped to write it day by day, chapter the memories of the past give way to to the world. by chapter. our hopes for the future. Now that As he would continue with his story, Danny’s career has been so active, so grandchild will proudly carry the leg- Danny’s war experiences told a power- full, and so productive, it would be im- acy Danny Inouye leaves behind to all ful and compelling story about what so possible to list all his achievements those who knew and loved him. It is many of our Nation’s veterans have ex- that make up his legacy of service both more than a record of great achieve- perienced in battle. That is why Danny here in the Senate and back home in ments, it is a challenge he leaves to all will always be known as one of our Hawaii. One thing will always stand those who will follow him to dare to great war heroes. Even with that out in my mind, however—Danny’s try to do even greater things than standard, however, there was some- great loyalty to all those with whom Danny Inouye has done. thing special about him and the cour- he served. In every sense Danny was a God bless and be with you, Danny. age and bravery he showed on the bat- gentleman and a gentle man. He had a Thanks for your service, but most espe- tlefield. His efforts were so extraor- quiet and understated way of doing his cially thanks for your friendship. Our dinary they were recognized with a work day by day. He was man of great faith reminds us that we will be parted Medal of Honor, one of our Nation’s kindness, and he shared that kindness for only a short time and the day will highest awards. They place him on the with everyone he knew or worked with. come when we will see you again. Until roster of our most distinguished he- His service as a Member of the Senate that time, you will be greatly missed roes, and they remind us all of the provided us with a great example of and you will never be forgotten. Diana great sacrifices that he and so many of how we should all approach our duties and I will keep your family in our our veterans have made over the years and our work together, putting our prayers. May God bless and be with to keep our Nation strong and free. country, our God, our family, and our them all. Thanks to Danny and those with whom home States first. TRIBUTES TO DEPARTING SENATORS he served, we were able to emerge from That is why Senators on both sides of that world war victorious and bring the aisle have come to respect and ap- KENT CONRAD peace and freedom to those nations preciate him and his character so very Mr. LEVIN. Mr. President, there are that had been overrun by an evil alli- much. I will long remember the great many people in this town who say they ance led by a ruthless dictator in Ger- friendship and close working relation- are worried about the deficit. But all many. ship he had with Ted Stevens. They too often, those claiming the mantle of That was just the start of Danny’s shared such a strong bond that they ‘‘deficit hawk’’ are pretty dovish about life, but it had taken a heavy toll from often referred to each other as broth- making the hard decisions required to him that would change it forever. With ers. He had strong and supportive reduce the budget deficit and bring the loss of his arm, it was no longer friendships with other Senators, too, down the national debt. Some use the possible for him to complete his dream and that is why we will all miss him so deficit to argue for damaging impor- of being a surgeon. Those who knew very much in the days and months to tant programs that provide for the him and his great caring heart urged come. safety and well-being of Americans. him to find another field in medicine I know I will never forget that Pray- Others, in a brazen bit of obfuscation to pursue. He decided to follow another er Breakfast and all Danny had to now decades-old, make the disproven path, and as we are told in the Bible, share with us that day. He had a great claim that the budget-busting tax cuts God had a hand in helping to direct his and powerful faith in God and the spe- they prefer would actually reduce the steps. cial relationship they had built up over deficit. As soon as he could, Danny attended the years. It helped strengthen him on In this maze of distortion and de- George Washington University, my the battlefield. It helped to guide his bunked arguments, KENT CONRAD is alma mater, and earned his law degree. efforts when he was called to serve the like a clean prairie breeze. He cares He then became a part of the effort people of Hawaii. It gave him a source deeply about the fiscal health of our that would lead Hawaii to statehood. of inner strength that firmed his re- Nation, and for more than two decades, Danny knew the result would bring solve as he worked to serve the people he has been dismantling faulty argu- great changes to his home State and of our Nation. ments and fuzzy budget math with increase the opportunities available to By any and all standards, Danny facts and figures and with charts, yes, the people who lived there. Thanks in Inouye lived a life we would all be charts. In naming Senator CONRAD one part to Danny, those efforts to achieve proud of. He packed more into each day of the 10 best Senators in 2006.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8259 Time magazine reported that the forthright way. Yes, he knows the facts modernized and able to support the ex- support staff here in the Senate had be- and figures, knows them as well as isting nuclear stockpile so that we do come so overwhelmed by Senator CON- anyone. But knowing the numbers is not have to return to nuclear testing. RAD’s chart requests that they gave up not enough. Budget math is not an aca- His common-sense approach has been and gave him his own printing equip- demic exercise. We are not here to rep- especially noticeable in issues involv- ment. KENT CONRAD doesn’t just know resent numbers on spreadsheets. We ing management of the nuclear weap- the facts. He wants you to know them represent people—actual human beings, ons laboratories as they balance the too—and in bright colors. with dreams and ambitions and hope. science behind stockpile stewardship Behind the flash charts are deep sub- And always, KENT CONRAD has mar- and meeting day-to-day problems with stantive knowledge and a rigorous ap- shaled the facts and figures in support the deployed nuclear forces. proach that eschews wishful thinking. of real people. He knows the toll that As Chairman of the Strategic Forces Senator CONRAD knows that the way out-of-control deficits can have on gen- Subcommittee, he has helped ensure out of our deficit problem, the path erations to come. He recognizes the strong oversight of and support for the that avoids the fiscal cliff, means look- need to address rapidly rising entitle- development, testing and deployment ing at our entire budget picture, both ment spending—but also the need to of effective ballistic missile defenses, the spending that goes out and the rev- preserve important programs that have including the Phased Adaptive Ap- enue that comes in. He laid out the made so much of a difference in the proach to missile defense in Europe facts recently here on the Senate floor, lives of Americans, especially the most that is already providing protection for saying: vulnerable. our forward deployed forces, our allies The public understands we face both a He and his wonderful wife Lucy have and partners against Iran’s current and spending and a revenue problem. Spending is been dear friends to my wife Barbara emerging ballistic missiles. near a 60-year high, as this chart shows. The and me. The four of us have hosted din- He has been an advocate for improv- red line is the spending line; the green line is ners together to deepen our under- ing our deployed and planned homeland the revenue line. But for those who say it is ballistic missile defense capabilities, just a spending problem, I don’t think the standing of both the pressing issues of facts bear that out, because the revenue is the day and of transcendent issues such including efforts to understand and near a 60-year low. I think most logical peo- as the origins of matter and the uni- correct the problem that led to a flight ple would say we have to work both sides of verse. test failure of the Ground-based Mid- this equation. Senator CONRAD is leaving the Sen- course Defense system in December of This logical approach makes Senator ate, but the need for his kind of rig- 2010. In this regard, he has supported CONRAD a strong ally. I have been orous approach and concern for the im- rigorous and operationally realistic proud to join with him on efforts to pact of our policies is not going away. testing of our missile defense systems. end some of the many distortions and I hope we can learn from and follow his Of course, strategic issues are not loopholes that increase the deficit and example as we move forward to con- Senator NELSON’s only concern. On the make our Tax Code less fair to working front our Nation’s challenges. Armed Services Committee, before he families. Earlier this year, he and I in- BEN NELSON chaired Strategic Forces, he was chair- troduced the CUT Loopholes Act, Mr. President, there are few issues man of the Personnel Subcommittee, which would reduce the deficit by $155 we deal with on the Armed Services demonstrating a keen understanding of billion over 10 years through elimi- Committee in which the stakes are so the issues and a deep concern for the nation of several offshore tax loop- high or the policy questions so complex men and women of our military and holes, and through elimination of the as in dealing with our Nation’s stra- their families. He has been a tireless stock-option loophole, which forces tegic forces and capabilities. The fear- advocate for the National Guard and American taxpayers to subsidize the some power of our strategic weapons, for Nebraska’s farm families, and a large stock-option packages regularly the urgency of avoiding mistakes, the fighter for working families across awarded to corporate executives. In difficult strategic calculations they re- America, advocating for a reasonable March, we were joined by Senator quire, the advanced technologies in- minimum wage and for important WHITEHOUSE in advocating for inclu- volved, all of these combine to make workplace protections. And he has been sion of a portion of the CUT Loopholes strategic forces complicated and of among our most passionate voices for Act in the Senate’s surface transpor- paramount importance. an end to the partisan gridlock that tation bill, and our amendment was It has also been the signature issue has marked Washington, and the Sen- adopted by the Senate. It did not be- for Senator BEN NELSON during his ate, for far too long. come law, but the Senate’s action rep- service on the Armed Services Com- None of these issues are simple. All resented real progress in the fight mittee. Chairman of the Strategic of them are vitally important. Senator against tax loopholes. Forces Subcommittee since 2009, Sen- NELSON’s thoughtful, careful contribu- Senator CONRAD and I have worked ator NELSON has long been one of the tions have without question made our together on another important issue— Senate’s most thoughtful voices on Nation safer, made our military forces the effort by many multinational cor- issues related to our nuclear arsenal, more effective, our use of precious tax- porations to secure a ‘‘repatriation’’ space programs, missile defense and payer dollars more effective. He has tax break for some of the billions of other strategic issues. As he prepares earned the respect and affection of the dollars they hold offshore. That was to leave the Senate, we are losing an people of Nebraska, and he will be sore- tried once, in 2004, and as Senator CON- outstanding contributor to our nation’s ly missed on the Armed Services Com- RAD accurately notes, that repatriation strategic thinking and decision-mak- mittee and in the Senate. Barb and I holiday was ‘‘a complete and utter fail- ing. wish all the best for Ben and Diane as ure at job generation.’’ Certainly the presence of Offut Air they continue their efforts to serve He also has been a forceful advocate Force Base and U.S. Strategic Com- their State and our Nation. for the need to address the tax rates on mand in Senator NELSON’s home State JIM WEBB capital gains and dividend income. The give him first-hand evidence of the im- Mr. President, JIM WEBB has served low rates on these forms of income is a portance of these issues. And appro- our Nation in ways that few Americans driver of our budget deficits and of ris- priately, he brings a common-sense Ne- can match. He is a decorated combat ing income inequality. As Senator CON- braska viewpoint to our consideration veteran of the Vietnam War, where he RAD said in a recent interview about of them. was awarded the Navy Cross, the Silver the need to address tax rates: Senator NELSON’s efforts were impor- Star, two Bronze Star Medals, and two It’s very clear to me. You do have to have tant to the Senate’s 2010 aproval of the Purple Hearts. His experiences in Viet- rate increases, especially on capital gains New START treaty, a significant step nam helped him shape a series of nov- and dividends it’s needed and fair. forward in our nuclear arms reduction els for which he has received justified Not just needed, he said—fair. And efforts. He made it clear in that debate critical praise and which helped read- that is what I think we should keep in that he is a firm believer in the need to ers understand the experience of war mind about Senator CONRAD’s work to ensure that the Department of Ener- and those who fight it. He served as the address the deficit in an honest and gy’s nuclear weapons laboratories are first Assistant Secretary of Defense for

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8260 CONGRESSIONAL RECORD — SENATE December 20, 2012 Reserve Affairs, and later as Secretary duced on his first day in office, and financing. Senator KYL played an im- of the Navy. He won enormous praise whose passage he pursued with great portant role in this. He was a co-spon- for his television coverage of the Ma- determination. When signed into law in sor with me of legislation to give finan- rine mission to Beirut in the 1980s, and 2008, the post-9/11 GI bill provided the cial regulators important new authori- later for ‘‘Born Fighting,’’ a history of largest expansion of educational bene- ties to act against terror financing. Scots-Irish immigrants to America. fits for veterans since World War II. We found common ground on the For the last 6 years, he has been serv- Just as the original GI bill honored the need to speak out in strong and clear ing his Nation in the capacity we in service of World War II veterans and opposition to the repressive regime in the Senate have seen firsthand, as helped pave the way for millions of Iran. Last year, he and I were part of a United States Senator from Virginia. servicemembers to earn college de- bipartisan group that offered a resolu- It has been my privilege to serve with grees, so, too, has Senator WEBB’s leg- tion calling for an end to the violent him on the Armed Services Committee, islation honored the generation that repression Iran’s government has car- and as chairman, I have benefitted has served in Iraq and Afghanistan and ried out against its own people, urging greatly from his intelligence, his expe- elsewhere. The impact of this legisla- international action to support the rience, and his dedication to the men tion, in improving the lives of our vet- people of Iran, and reaffirming Amer- and women who wear the uniform of erans and in its benefits for our Nation ica’s commitment to universal free- our military. Let me reflect on a few of as a whole, will be large and long last- doms. the ways in which I have seen up close ing. I was proud to work with Senator Senator WEBB’s dedication to service. Senator WEBB has been a tireless ad- KYL on these and other important Senator WEBB is rightly recognized vocate for the men and women of our issues before the Senate. I respect and for his work on national security, but military, and in particular for our jun- deeply appreciate his commitment to that has not been his only concern in ior enlisted troops. As chairman of the protecting our Nation and to the uni- the Senate. He has been a welcome Subcommittee on Personnel, he has versal standards of human rights that voice here on issues of economic fair- fought for adequate pay and benefits, are such an important part of Amer- ness. Soon after his election to the and against the unscrupulous who ica’s legacy. I wish Senator KYL and Senate, he wrote in the Wall Street would seek to profit by taking advan- his family every success and happiness Journal of an urgent need to address tage of these young men and women. as he returns to Arizona. growing economic inequality. He Senator WEBB speaks eloquently of the DANIEL K. AKAKA wrote: great strains of more than a decade of Ms. COLLINS. Mr. President in his [T]he current economic divisions in society high operational tempo on these men farewell message to the people of Ha- are harmful to our future. It should be the and women and their families, and of waii, Senator DANIEL AKAKA wrote that first order of business for the new Congress the ‘‘moral contract’’ between our Na- his dream was always to work in a job to begin addressing these divisions, and to tion and the troops who defend us. He in which he could help people. In his 36 work to bring true fairness back to economic years in Congress—14 in the House of life.] speaks as the descendant of veterans, as a veteran himself, and as the father, Representatives and 22 here in the Sen- And he has acted on those words, ate—DANNY AKAKA has done that job fighting for a tax system that is more father-in-law and brother of veterans. The Senate, and the Nation, have been exceedingly well. equitable to working families; for trade He has done it with statesmanship better off the last 6 years having that policies that recognize not just the and perseverance. As just one example, voice in the Senate. I have been grate- benefits, but the costs, of free trade; just a few weeks ago, President Obama ful for his counsel, and I am sorry we and for education policies that give all signed into law landmark legislation to soon will no longer have the benefit of Americans, including those already in better protect Federal employees who his service on the Armed Services Com- the workforce, the skills and opportu- come forward to disclose government mittee or in the Senate. But even nities to prosper. waste, fraud, abuse, and other wrong- though we will miss him, I have no An issue on which I have been able to doing. The Akaka-Collins Whistle- doubt JIM WEBB’s service to our Nation work closely with Senator WEBB is the blower Protection Enhancement Act will long continue, and I wish him posture of U.S. military forces in the would not have passed without DANNY’s Asia-Pacific region and, in particular, every success. determination to help both our dedi- the plan to realign Marine forces in the JON KYL cated Federal workers and the citizens Pacific. I traveled with him to Oki- Mr. President, if success in the they serve. nawa and Guam, and even the island of United States Senate depended only Serving with DANNY on the Homeland Tinian, and saw firsthand his extraor- upon working alongside those with Security and Governmental Affairs dinary knowledge and understanding of whom we agree, this would be a pretty Committee, I appreciate the priority the issues. I have benefitted greatly, as uncomplicated and uninteresting place. he always placed on making the Fed- I know Senator MCCAIN has, from his We are a large and complex Nation, eral Government more efficient and insights on this complex and difficult made up of people with varying inter- transparent, and on advancing policies issue, which involves pressing strategic ests, preferences and beliefs. This is to attract, recruit, and retain the issues, enormous budget pressures, and where the representatives of a diverse skilled workforce needed to meet to- the concerns of our close ally Japan. Nation come to try to resolve those dif- day’s challenges. From safeguarding Senator WEBB’s hard work on this issue ferences into coherent national policy. our Nation against terrorist attacks to has helped resolve the impasse that And success in this body depends on supporting the first responders in our was blocking progress on the plan to the efforts of Senators of differing be- communities, DANNY has been a great move some of the marines off of Oki- liefs and backgrounds who labor to dis- ally and a true leader. nawa and move us closer to an achiev- cover common ground. It also has been an honor to work able, affordable plan for Marine re- This is on my mind as I consider the with DANNY on the Armed Services alignment that will benefit the people career of Senator JON KYL, who is leav- Committee. As a World War II veteran, of Japan and the United States while ing the Senate at the end of his third he brought to the committee a deep better serving our national strategic term representing the people of Ari- and personal understanding of the sac- and security interests in this impor- zona. We have differed many times rifices made by our men and women in tant region. here in the Senate. And we also have uniform, and by their families. He is a But what is perhaps most notable sought common ground. These efforts champion of efforts to ensure that our about Senator WEBB’s service in the are totally consistent. Active National Guard and Reserve Senate is the way that he has joined In the wake of the 2001 terror at- personnel have the equipment and three of his concerns—America’s na- tacks, our Nation’s response took training to remain the best fighting tional security, the need for greater many forms. Our military, intelligence force in the world, and he is dedicated economic fairness, and his affection for and security agencies were obviously to providing our veterans with the the men and women of our military. essential to that response, but impor- services they earned and deserve. This is perhaps best expressed by the tantly, we did not neglect a less obvi- DANNY AKAKA has been described as post-9/11 GI bill, legislation he intro- ous need: the need to cut off terrorist the ‘‘Aloha Senator.’’ To most of us,

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8261 that multi-purpose word can mean any- and Explosives, and $20,000 for vehicles These vehicles are given to employ- thing from ‘‘hello’’ to ‘‘goodbye.’’ To for the Department of Justice inspec- ees in offices such as legislative affairs, the Hawaiian people, it is a word of tor general. Among other things, these budget, facility managers, and chief in- deep spirituality and profound mean- funds are largely to repair and replace formation officers and chief financial ing. Federal vehicles damaged by water officers who may get cars to drive to The late Reverend Abraham Akaka, from the storm. and from work. Many may even sit un- DANNY’s oldest brother and one of Ha- The Department of Homeland Secu- used for periods of time. Those are not waii’s most beloved clergymen, defined rity requested $300,000 for the Secret operational needs. the ‘‘Aloha Spirit’’ this way: ‘‘God Service, $855,000 for Immigration and Just last year, there was an article in first, others second, yourself last.’’ As Customs Enforcement. Again, this the Wall Street Journal titled ‘‘Free a patriot and statesman, Senator DAN- funding is largely for repairing or re- Ride Ends for Marshals,’’ which ad- IEL AKAKA embodies that spirit placing damaged motor vehicles. The dressed how 100 headquarters employ- through his desire to promote the true President requested this funding in an ees of the U.S. Marshals Service re- good of others and to help people. effort to replace these damaged vehi- turned government-owned vehicles to Aloha pumehana, Senator AKAKA, fare- cles. He cited operational use of these the motor pool instead of using them well with my deepest regards and affec- vehicles by law enforcement agencies to commute to and from work. The ar- tion. Thank you for your friendship as the reason they need to be replaced. ticle described how in recent years the and for your service to our country. Now, I understand that vehicles are a proliferation of take-home vehicles for The PRESIDING OFFICER. The Sen- very important part of the work that headquarter employees had exploded. ator from Iowa. these Federal law enforcement agen- While the article focused on reducing Mr. GRASSLEY. Mr. President, I cies undertake and are critical to ongo- take-home cars at the Marshals Serv- would like to speak on an amendment ing operations in the field. However, I ice, it is clear that the same argument to the pending bill—an amendment I am concerned about simply providing can be made for reducing take-home will not be able to offer because I un- funding for replacement vehicles in the cars at other agencies. In the case of derstand the majority filled the field because the way the government this supplemental, if this is actually an amendment tree so that we cannot operates, this funding will not reach emergency worthy of millions of tax- make amendments pending at this the agencies immediately. Even when payer dollars, these agencies can in- time. So I would like to take some it does, it will take time for replace- convenience nonoperational personnel time, though, to inform Members about ment vehicles to be located, purchased, at headquarters to get these vehicles out to the fields and end the fringe ben- the importance of my amendment and and prepared for use. But given that efits. In fact, according to inventory why it ought to be included. this is an emergency spending bill, we I think it is simply about smart gov- can assume that these agencies need numbers provided to the Appropria- ernment. It is about ensuring that tax- vehicles for immediate operational use. tions Committee, the Justice Depart- payers’ dollars are spent wisely, while As such, my amendment seeks to ment has 3,225 vehicles at the Wash- at the same time guaranteeing Federal place these vehicles into the hands of ington, DC, headquarters of their agen- law enforcement agencies that face the agents in the field as fast as pos- cy alone. Surely, the Justice Depart- ment can find a handful of vehicles out challenges following Hurricane Sandy sible. Instead of simply providing fund- ing, my amendment requires that, of these 3,225 vehicles that could be have the resources they need to get the within 7 days, the Department of Jus- sent to the field to replace the dam- job done. On December 7, the White House Of- tice and the Department of Homeland aged vehicles—and get it done a heck fice of Management and Budget trans- Security identify and relocate vehicles of a lot faster than appropriating this mitted a legislative proposal to Con- based at the Washington, DC, head- money and going through a process gress seeking supplemental appropria- quarters of the Department of Justice that would not get them out there for and the Department of Homeland Secu- tions for disaster mitigation relating a longer time. rity that are used for nonoperational On top of that, my amendment would to Hurricane Sandy. By all accounts, purposes. The vehicles identified will allow the funds to replace these non- this action was a normal response to a then be used to replace those damaged operational vehicles after they are re- Federal disaster and one that nearly by Hurricane Sandy that are used by located. So my amendment would at all Members have supported for various the FBI, DEA, ATF, ICE, and the Se- most create a very small inconvenience disasters that have occurred in our cret Service. for these nonoperational staff for a home States. However, this request The amendment limits the funding short time. This amendment makes was unusual in several respects. For provided for these vehicle purchases sense by modifying a request that, example, a large portion of the funds until a report is produced to Congress quite honestly, doesn’t make a lot of included in the President’s request are identifying the vehicle relocations. I sense. If this is an emergency, as we unrelated, or at least extremely remote think it is a very good government are told, the agencies should have no to the damage caused by the storm. amendment and one that actually problem doing what my amendment This includes funding for fisheries in achieves the goal of replacing oper- asks. Alaska, funding for increased Amtrak ational vehicles used by Federal law We owe it to the American taxpayers capacity, and funding to be spent years enforcement actually faster than in the to spend their tax dollars wisely. This into the future. Further, the funding underlying bill. amendment doesn’t go as far as we request sent up by the President does Since we are told this funding is ab- could, which would be to strike the not include any recommendation what- solutely necessary for these agencies— provision outright. Instead, it gives the soever for offsetting the spending. So, so necessary as to warrant emergency administration the benefit of the doubt long story short, this request means funding that is not offset with spending that this is a true emergency and that more deficit spending. reductions—this amendment actually these cars are needed. However, it There is one part of the request that improves the bill by getting vehicles to forces the agencies to make a decision causes me particular concern—and the law enforcement immediately. to temporarily inconvenience a few purpose of my amendment—because it The agencies who will likely oppose employees in Washington, DC, while relates to my work as the ranking this will argue that this is unnecessary ensuring the operational law enforce- member of the Committee on Judici- and that we should just write a check ment elements in the field have the ary. In the President’s request, there for the new cars. That is a ridiculous equipment they need. are specific line items for repairing and position to take, and we see the dam- So I urge my colleagues to support a replacing Federal vehicles damaged by age on television so you know there is commonsense, good-government Hurricane Sandy. Specifically, the Jus- a purpose for the underlying bill. But if amendment, and I hope it can be con- tice Department requested $4 million this is an emergency for these vehicles, sidered somewhere along the line be- for the Federal Bureau of Investiga- these agencies can spare some of the fore we pass this final legislation. If I tion, $1 million for the Drug Enforce- vehicles they have sitting around at could say just a few words on the issue ment Administration, $230,000 for the their headquarters for nonoperational as a whole, I would like to take that Bureau of Alcohol, Tobacco, Firearms purposes. opportunity.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8262 CONGRESSIONAL RECORD — SENATE December 20, 2012 There is no doubt in my mind that We ought to be comforted that there have functioned nearly as smoothly as every dollar that Sandy victims and is an attitude in this Senate, over dec- it has over the years. local communities and infrastructure ades, that the Federal Government is She is also a woman of tremendous are entitled to, if it comes under exist- an insurer of last resort for disasters, faith and her life revolves around her ing law, they ought to have. Our coun- whatever kind of disaster you have, at family. She has been married to Robert try is always having disasters. That is least disasters as described by existing Lee Shelton for 58 years. They have a foregone conclusion. Throughout any law. New York will get its money and two daughters, Robin LeCroy and Lau- year, there are always disasters to ap- it doesn’t necessarily have to be the $64 rie Nelson. She has eight grandchildren propriate money for. Then, on a spe- million; it is just to make sure there is and one great-grandson. I know four of cific disaster, these problems go on for money there for what is needed tomor- her grandchildren. I got up every Sun- years after the money is appropriated— row and the next day and the next day. day to see what happened in Shelton’s and it is years before some of the But we are not going to have a final college football game. Shelton was big. money is spent. All I have to do is look figure on this for a long time. So we He was an offensive lineman—played at at Cedar Rapids, IA, and how they are ought to move with some money to the college level. He must have fighting with FEMA after a 2008 flood make sure it is there for what can be weighed 300 pounds of muscle. to get some money as an example. spent right now. I followed Shelton’s little brother— So let’s just understand in this body, I yield the floor. little brother?—6 foot 3 or 4, a big, so that there is no mistake, that New I suggest the absence of a quorum. strapping, left-handed pitcher; also a York and surrounding areas will get The PRESIDING OFFICER (Mr. college baseball player. And then I had their money because the principle of FRANKEN). The clerk will call the roll. two of her granddaughters who worked FEMA money—and probably other dis- The legislative clerk proceeded to for us as pages, Rebecca and Holly. aster money as well—is simply this: At call the roll. She spends long hours at her desk. I the beginning of a year, you have some Mr. REID. Mr. President, I ask unan- do not go home early but I could call money in FEMA. You never know what imous consent the order for the and she would be there at 9, 10 clock at the disasters are going to be through- quorum call be rescinded. night, and that is no exaggeration. But out the next 12 months, but when a dis- The PRESIDING OFFICER. Without when she is not at that desk, Janice aster is declared there is money there objection, it is so ordered. was usually in Georgia or North Caro- to flow. When that disaster money runs TRIBUTE TO JANICE SHELTON lina with her children or grand- out, as far as I know it has always been Mr. REID. Mr. President, I rise today children. replaced—whether there is an earth- to honor a woman by the name of Jan- She has probably been a little bit po- quake in California or a hurricane in ice Shelton for her friendship and 32 litical, but I think she has gotten a lit- the Gulf of Mexico, or tornadoes like years of dedication as an employee of tle more political working for me. She we have in the Midwest, and Sandy as this body, the Senate. Twenty-five of has made sure each of her grand- the most recent example. those years Janice worked as my exec- children understands the importance of As far as I know, there has never utive assistant. She has demonstrated their political voice. During the recent been any dispute under the laws at that sincere dedication to me, my office, my election she called those eligible to time—and those laws don’t change very family, and this body, the Senate. It is vote to make sure they had voted. I did often—that they do get the money out an understatement to say she will be not press very hard, but she may have to the people who need it. Then when sorely missed. She will be. She has al- urged them how they should vote. that fund goes dry, it is replenished by ways been kind and thoughtful to me, While Janice’s professional accom- Congress. to my wife Landra, all my children, plishments deserve great recognition, Unless somebody is seeking money in and to everyone with whom she comes it is really Janice herself who will be some way other than disasters that in contact. If there is a problem, every- missed so dearly. She has served not have been taken care of in this par- one knows: Go to Janice. No one has only as a deeply trusted and committed ticular instance—and I don’t know that had my ear over the past 25 years like assistant to me, but as a mentor to they are, other than what has been Janice Shelton has. many who have worked with her. I pointed out that ought to be done She has spent her professional career know I am not the only one who will through the appropriations process and creating order where there could easily note her absence. She has been so won- not really an emergency. But for the be chaos. Over the course of her pro- derful to my family. During times of emergency, I don’t hear anybody want- ductive career with the Army, the crisis, my boys know: Call Janice. ing money for Sandy any different than White House, and the Senate, each ben- They can always get through to me any other emergency. efited from her unique expertise, pro- through Janice. She has given them ad- I hope nobody is saying that Sandy fessionalism, and hard work. vice. She has counseled them. My wife ought to be treated differently than an She began her professional life at the Landra is a dear friend of Janice and earthquake in California or a hurricane Department of the Army as secretary conversely the case, Janice is her good in the South or tornadoes in the Mid- to the Chief of the Personnel and friend. She has helped Landra in so west or wherever they might happen. I Training Division Headquarters. Her many different ways—social events haven’t surmised that is what they are gift of completing tasks quickly and that Landra has committed to take trying to do. But if they are, they with ease, all while maintaining a posi- care of here, because of what I do, and shouldn’t say that Sandy ought to be tive outlook, served her well when she other reasons. treated differently than another dis- moved on to a position of trust at the During Landra’s very bad accident aster because generally a disaster is a White House. It is not merely her pro- Janice was always there. She was the disaster—whether it is an earthquake, fessionalism but the equally valued one who walked to my desk and said to hurricane, tornado, or Sandy. personal qualities she has brought to me: Landra has been hurt pretty bad. So the money is going to be there, the job: graciousness, unflagging en- You have to stop doing what you are and it will be there on time. You don’t ergy, and a willingness to take on any doing—and we were trying to do a know 1 month after a disaster exactly task, large or small, that made her so health care bill. During Landra’s battle how much money is needed. In fact, treasured to everyone who came in with breast cancer she has helped her they asked for $80 billion from the Gov- contact with her. in so many different ways. I am so in- ernors of those States. The President From the White House she transited debted to Janice for how she has treat- sent up $64 billion. Some people of ex- to the Senate with Senator Hawkins ed my family in addition to how she pertise on this in our caucus have said and Senator MIKULSKI and, as I said, has treated me and everyone who there are certain things that aren’t au- for the last 25 years has been a source comes in contact with her. thorized, so that shouldn’t be ex- of calm and order in my office, despite At our Christmas party last night, we pended. the often long hours and the endless to- gave Janice a little present. I told ev- Then I point out about some vehicles do lists that come with working with eryone there that she and I had shed that can’t be purchased right now to do me. I say with certainty that had it not all the tears that we were going to. I the good they are supposed to do. been for Janice, my office would not guess it was not true.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8263 She combined an unflinching honesty Inouye to lunch, I was intimidated. As There are so many other Senators I with a generous and kind nature. One a Congressional Medal of Honor win- want to speak about today, but let me always trusts she has one’s best inter- ner, as a giant in the Senate, as the turn to a few, if I might, and give some ests at heart. Her charm causes even chairman of the Appropriations Com- insight for the folks who only see Mem- the hardest cases, many times, to mittee, and the President pro tempore bers of this Chamber on cable TV crack a smile. And her quick wit often of this Senate, frankly, I trembled to shows or in the give-and-take of elec- brings a grin or a smile, sometimes a sit with him at a lunch and was de- tion season or who only know them as laugh. These traits, more so even than lighted to discover a person who was so the cutout and caricatures that the her skill and dedication, have made her approachable, so warm, so human, so public thinks of as Senators. If there is successful. hard working, so loyal, so spirited, and a common thread between them, it is I will miss her both as an employee so passionate. In the minutes ahead, I that they share that loyalty, work and as a person. Today is her last day— would like to share, if I can, a few in- ethic, and humility that so character- just a few more hours to work here. sights about a dozen other Senators ized Senator Inouye in his decades On the back of my desk I have a pic- who are retiring from this body and a here. ture of my mentor, Michael few among them whom I have had the DICK LUGAR O’Callahan. In fact, I have two pictures joy of getting to know in the last 2 I had the honor to serve with Senator on my credenza right behind my desk. years. DICK LUGAR of Indiana on the Foreign He was my mentor and my best friend. We don’t often see the level of hu- Relations Committee. He subscribes to He taught me something that I have al- manity in the Senate that we have the same philosophy. Over the 35 years ways remembered: You can buy a re- seen this week, but it is important to he served in the Senate, he applied the sume, you can buy good looks, edu- know that the people who work in this practical perspective that experience cation, experience, but the one thing building can be better than the passing as the mayor of Indianapolis gave him. politics that sometimes dominates, and you cannot buy is loyalty. There is no He worked to make the world a safer Senator Danny Inouye knew that. His one who has ever been more loyal to place for all of us. enduring friendship with Senator Ted me than Janice Shelton. Along with nine of our colleagues, Stevens, a Republican from Alaska, I congratulate her on her service to Senator LUGAR will retire from this was legendary. He believed passion- the Senate and wish her the best in her Chamber this month after a remark- ately that it was important for us to retirement, along with her dear hus- able career. He knew the stakes were work together and to get past party af- band Bobby, who is also my friend and too high to let partisan politics and filiation and the picayune matters and always will be. personality prevent progress. He get together to do right for our coun- I suggest the absence of a quorum. partnered with Senator JOHN KERRY, The PRESIDING OFFICER. The try. Senator Sam Nunn, and then-Senator Of the many speeches I heard in this clerk will call the roll. JOE BIDEN of Delaware on the Foreign Chamber and the remarks we heard The assistant legislative clerk pro- Relations Committee. Because of their earlier today in the Capitol Rotunda, ceeded to call the roll. work together, there are thousands one thing leaps out at me about Danny The PRESIDING OFFICER. The Sen- fewer nuclear weapons in our world. Inouye: Even when he was declared an ator from Delaware. Serving with DICK LUGAR these last 2 enemy alien—as were all of his ances- Mr. COONS. Mr. President, I ask years has been a tremendous honor. try at the outset of one of the greatest unanimous consent that the order for JIM WEBB the quorum call be rescinded. conflicts this world has known—Sen- ator Inouye volunteered for service in Serving with Senator JIM WEBB of The PRESIDING OFFICER. Without Virginia has also been an honor. He, objection, it is so ordered. Europe. He was a member of our most decorated military unit, the 442nd too, is also a member of the Foreign REMEMBERING DANIEL K. INOUYE Combat Battalion. He engaged in the Relations Committee. As a retiring Mr. COONS. Mr. President, this has fields of Europe and the hill country of colleague, he knows there are things in been a hard week in the Senate as we Italy in a moment of such personal sac- this world and in our lives more impor- have said goodbye. As we have just rifice and remarkable bravery as to tant than our politics. He was a deco- seen in the remarks of the majority humble any who hear its details. rated marine, a celebrated author, a leader, retirements are very difficult. In his service over decades after that former Secretary of the Navy, and now Parting with the company of honored moment, he proved what he showed a respected Senator. His tireless work and treasured colleagues in the Senate forth on that battlefield: that Danny has helped to make the world safer, our is as hard as it is anywhere in the Inouye believed in America even before veterans stronger, and our criminal world, but we have had some particu- America believed in him. Even in a mo- justice system more fair. I will truly larly difficult moments earlier today. ment of such immense injustice, which miss his company. We assembled in the Rotunda of this was bitterly unreal to thousands of KENT CONRAD great building of the Capitol to cele- people across this country of Japanese There are a few more retiring Sen- brate the life of one of our greatest col- ancestry, this man’s great heart, aloha ators I would like to share some more leagues, Senator Dan Inouye of Hawaii. spirit, and embrace of the American detailed stories about today, and I will His desk sits draped in black, and his dream led us forward. He pulled us into start with the chairman from the chair has a lei that was flown in from the greatness that was meant for this Budget Committee, Senator CONRAD. his home State of Hawaii. country. Senator KENT CONRAD of North Dakota This week we have all felt and known The star of Senator Inouye may have is a Senator I met many years ago. But the change in the Chamber. The Senate dimmed in this Chamber that is sur- if I am going to talk about him, I be- has lost a giant and America has lost a rounded in its boarder by stars, but as lieve I have to have a chart. I really hero. Danny Inouye was truly a great I share the honor as the Presiding Offi- cannot speak to KENT CONRAD’s service man, and I feel blessed in my 2 years cer over this Chamber, I will—in the and record in the Senate without a here to have had the opportunity to sit days and months and years ahead— chart. with him over a private lunch, to joke look to our flag and remember this For decades Senator CONRAD tackled with him occasionally in the anteroom, Senator. He represented the 50th State, the challenge of educating the men and and to learn something of his spirit and the State of Hawaii, from its very first women of the Senate and the people of his personality. He had such a big moment of joining the stars on our flag this country about the very real fiscal heart and a wonderfully gracious spir- in statehood. He has shown ever more and budgetary challenges facing our it. brightly in his decades of service here, country. As we can see, especially after Most of the Senators I have had the and that example of service pulls us the debut of Microsoft Excel, and then honor to come to know in these 2 years forward into an ever brighter commit- after he was named Budget Committee I only knew from a great distance as a ment to human dignity, decency, and chair, the steady increase and usage of local elected official or as someone in the respect for all in this country that floor charts by Senator CONRAD has the business community at home in his lifelong service challenged us to be- paved a path which few of us can hope Delaware. When I asked Senator lieve in. to find.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8264 CONGRESSIONAL RECORD — SENATE December 20, 2012 Senator CONRAD is a budget wonk years driving himself to a major policy up from Senator KOHL’s work on these after my own heart. He is a numbers speech in his Prius. He practiced what and other important issues. guy. He is not afraid to get into the he preached as he prepared to deliver Outside this Chamber Senator KOHL weeds and to project in a clear and leg- an important speech in a moment that has just as strong a voice and broad an ible format the minutia and magni- showed his humility. impact with his philanthropy, but we fying details of the complex Federal As unassuming a man as Senator would never hear him speak about it; budget. I am not sure I have met any- BINGAMAN is, when he speaks, you lis- that is just not his style. He has earned one in the Senate so passionately seri- ten. He is living proof that the value of my abiding respect with his unassum- ous about the numbers and getting one’s words can and should exceed ing grace and his determined leader- them right as my friend, Senator CON- their volume. On that day at National ship. RAD. Harbor, Senator BINGAMAN delivered a JOE LIEBERMAN The first time I met him was more message similar to one he had given a Those who adhere to the Jewish faith than 15 years ago. He had come to Wil- decade earlier in a report entitled around the world are inspired by the mington for an event that then-Sen- ‘‘Rising Above the Gathering Storm.’’ ancient concept of ‘‘tikkun olam’’—‘‘to ator BIDEN hosted at the Delaware art Senator BINGAMAN saw that this coun- heal the world’’—to challenge each of museum. There were 200 folks in a big try was falling behind in the race for us who seek to serve each other and auditorium. I will never forget Senator innovation and investment in research our communities. Like Senator KOHL, BIDEN introducing Senator CONRAD as and education. These are things that my dear friend Senator JOE LIEBERMAN the most thoughtful and detailed budg- lay the foundation for long-term com- has certainly risen to that challenge. et leader in Washington. petitiveness. This vision and concern He is a man deeply committed to his Senator CONRAD stood up and fired up haunted him, so he teamed up with our faith, which has significantly influ- the overhead projector, the lights great colleague from Tennessee, LAMAR enced his career and his drive to serve, dimmed, and he launched into a ALEXANDER, and challenged the Na- and it is something I share with Sen- lengthy discourse on the minutia of the tional Academy of Sciences to study ator LIEBERMAN. Federal budget and deficit. After 30 this trend and offer recommendations. On my very first congressional dele- minutes and more than 40 slides later, From that challenge, we got the Semi- gation, my first trip as a Senator just the lights came back up, and I think nole study, ‘‘Rising Above the Gath- a few months after being sworn in, I there were maybe 20 of us left in the ering Storm.’’ visited Pakistan, Afghanistan, Jordan, auditorium. Everyone else wandered It asked what it would take for and Israel. Senator LIEBERMAN was on outside for the cocktails. America to continue to lead in innova- a different codel, and our paths crossed I was enthralled by his presentation, tion. That led to the America COM- and we got to share a shabbat dinner at the clarity of his thinking, and his PETES Act and the creation of the David Citadel Hotel in Jerusalem dedication to get things right for the ARPAE, the Advanced Research one night. As he was crossing the room American people. Today I am on the Projects Agency for Energy. The very for us to sit, I realized he could be Budget Committee, and I have enjoyed conference at which we had been speak- elected mayor of Jerusalem. serving with Senator CONRAD as my ing was the ARPAE annual conference. As we sat and broke bread and chairman. It was, for this budget nerd, Both of these important accomplish- shared, it was a great comfort for me. a dream come true to have the chance Earlier that day I had gotten word that ments played vital roles in our future to show up on time and know that this Delaware had lost one of our great competitiveness. They are focused on Budget Committee chairman was the leaders, Muriel Gilman, a personal nurturing innovation and creating a other member of the committee who friend and a remarkable leader and a political system where political, sci- always showed up on time. It gave us a person of kindness and spirit. She was entific, and economic forces work to- moment to reflect on the challenges we a pioneer for women in my State and gether and not against each other. faced and the very real solutions he has personified this spirit of tikkun olam. That is JEFF BINGAMAN. That is his offered over these many years of serv- sweeping, long-range vision, and one So over dinner that night in Jeru- ice. salem, Senator LIEBERMAN and I talked we should all heed. His commitment to Senator CONRAD has earned the de- about Muriel, about what I had seen in thoughtful and forward-looking service served respect of his colleagues the old- Jordan and in Israel, Afghanistan and on our Nation’s long-term competitive- fashioned way: through hard work, at- Pakistan, and my experience on my ness will be sorely missed. But even tention to detail, and thoughtful lead- first trip as a Senator. It was a re- more, I know many of us will miss his ership. He has been trying and working markable moment. Senator LIEBERMAN reserved, dignified passion. hard for many years to get us to make was engaging and warm, interesting the tough choices in the Senate that HERB KOHL and passionate as we wove between we need to make to deal with our na- I had a similar experience with Sen- talk about policy and faith, and he re- tional debt. He has not given up, and I ator HERB KOHL, my colleague on the flected with me on the point of his own don’t intend to either. I am grateful for Judiciary Committee. I remember in life when his religion became his faith, his friendship and service. my first few months there that Senator when he really took ownership of the JEFF BINGAMAN KOHL spoke so rarely that when I first religion of his birth and how that faith Another full committee chairman heard him speak at an event on the and its lessons have shaped his public with whom I have had the honor to manufacturing extension partnership— service. For me as a young Senator, it serve these past 2 years is Senator one of his passions, and mine—I was was a formative moment. BINGAMAN of New Mexico, chairman of struck by the power and reach of his His passion for the stability of the the Energy Committee. He is one of the voice. It is because he uses it so spar- world and the security of the United kindest, smartest, gentlest people I ingly, but his example speaks even States and our vital ally, Israel, and have ever met. He has been a pleasure louder. He never sought the spotlight his dedicated work for the clarity of to work with on the Energy and Nat- here but worked tirelessly to make a the air we breathe and his tireless ad- ural Resource Committee. difference fighting for the little guy on vocacy for the equality of all Ameri- I remember we were both speaking at antitrust issues in the Judiciary Com- cans regardless of whom they love have a conference on advanced energy re- mittee. been an inspiration. His desire to work search last year out at National Har- He believes, as do I, if an American together and find responsible com- bor. Thousands of scientists, investors, entrepreneur has a great idea, we promise has been motivating. and entrepreneurs were there. I pulled should help protect that idea by pre- I am deeply grateful to JOE LIEBER- up in front of the massive convention venting trade secret theft and other in- MAN for his service, his counsel, his hall, and right out in front was a Prius tellectual property threats. We also friendship, and his lesson that no mat- with New Mexico plates. Sure enough, share a deep commitment to the idea ter what faith tradition we are from, Chairman JEFF BINGAMAN jumped out that higher education should be more we can use our service in this Chamber of the driver’s seat with no staff. accessible and affordable to every stu- as an opportunity to repair our world. Here was the chairman of the Energy dent who wants to pursue it. I am hon- So here we are, 5 days before my fam- Committee and a Senator for nearly 30 ored to have the opportunity to take ily celebrates Christmas and 12 days

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I urge everyone on these remarkable Senators has shown more of consolidated assets, and it that side to clear it themselves, to join us, what it has taught me is that we would look specifically at three things, us on our side in clearing it so we can can still be better than our politics. among others: first, the favorable pric- pass it through the Senate and get this The humanity of this place, too often ing of the debt of those institutions re- passed in the House, hopefully on the shoved aside by the politics of the mo- sulting from the perception that those consent calendar, which we are already ment, shows us that we can do better. institutions would again be bailed out working on. That clearing process will One by one, these Senators, in deliv- during times of financial stress as they take a little bit of time, but I look for- ering their farewell addresses to this were during 2008; second, any favorable ward to coming back and having it Chamber, stood at their desks and each funding or economic treatment they cleared by UC. I will probably ask for a in turn urged us to find a way to return received from increased credit ratings live UC at some appropriate point to- to the days when Senators knew each directly resulting from perceived gov- night or tomorrow when everyone has other and worked together. What will ernment support; and third, the favor- clearly had a chance to look at the it take to get us to that point again— able economic benefit of the 2008 bail- study legislation. a horrific tragedy in an elementary outs and existing safety nets of the I look forward to our coming to- school, a dangerous economic cliff, Federal Reserve and FDIC. I think gether, I think in a very sound way, some devastating attack, a cyber as- these questions are very legitimate, asking these legitimate questions, ask- sault on America? and having an unbiased, academic look ing a nonpolitical expert entity to give Our retiring colleagues are each tell- at that would be very helpful in terms us valid answers to these questions so ing us, each in turn, that it is not too of our continuing work on these issues. we can move forward with the proper late to restore the humanity of this We talk about this and debate this policymaking. Chamber and make a positive dif- all the time. Wouldn’t it be useful to Thank you, Mr. President. I yield the ference in the lives of all we serve. Will have an unbiased, apolitical, expert floor. I suggest the absence of a we heed their call? I hope and pray we source look at these questions: Do quorum. will because we can do better. We must these big institutions with $500 billion The PRESIDING OFFICER. The Sen- do better. And in the spirit of each of or more in consolidated assets—are ator from North Carolina. these departing colleagues, I will do they considered too-big-to-fail by the Mrs. HAGAN. I ask unanimous con- my level best. I hope we all can com- market, and does that perception give sent that the order for the quorum call mit to doing the same. them advantages, such as favorable be rescinded. Thank you, and I yield the floor. pricing of debt, such as favorable fund- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- ing or economic treatment from their objection, it is so ordered. ator have Louisiana. increased credit ratings, et cetera? Mrs. HAGAN. I ask unanimous con- TOO BIG TO FAIL There is a lot at stake. It would be sent to speak for up to 15 minutes as in Mr. VITTER. Mr. President, as we very helpful to have factual, unbiased morning business. continue to face enormous economic answers to these questions. The PRESIDING OFFICER. Without challenges and uncertainty, I rise to First of all, there is a whole question objection, it is so ordered. join with others in continuing to ex- of too-big-to-fail continuing to exist, REMEMBERING OUR ARMED FORCES press concern about too-big-to-fail—a and I believe it does. This would put Mrs. HAGAN. Mr. President, just a policy we saw clearly in large measure nonpartisan eyes on the question and few months ago I spoke on the Senate coming out of the 2008 crisis and a pol- give us a good sense of, do we have floor about the men and women of our icy many of us think continues to this more work to do if, in fact, we want to Armed Forces who are deployed over- day and puts the American taxpayer get rid of too-big-to-fail, which we, vir- seas. Particularly, I spoke about re- and the American economy at great tually to a person in this Chamber, membering the men and women who risk. profess we want to get rid of. Secondly, give selflessly of themselves, who died This isn’t a Republican concern or a to the extent too-big-to-fail continues for the good of our Nation; these souls Democratic concern; it is not just a as a policy and/or a perception, is it who live lives illuminated by purpose conservative concern or a liberal con- giving advantages to these institu- and who travel long roads paved with cern. A lot of us on both sides of the tions, market advantages, market dis- sacrifice. They are the important 1 per- aisle have this concern. A good exam- tortions—which, by the way, if they cent, the tiny fraction who go wherever ple is a Democratic colleague I have are the winners, there also by defini- in the world our country asks them to been working closely with on these tion have to be losers, which are the go, who honorably shoulder the burden ideas—Senator SHERROD BROWN of smaller institutions that are at a com- of fear and sacrifice for the rest of us Ohio. We both serve on the Banking petitive disadvantage because of these because they love this country and be- Committee. We disagree on a lot of market distortions, because of these lieve in defending it. issues outside and within the Banking advantages that too-big-to-fail gives Today, as we prepare to celebrate the Committee’s jurisdiction, but we agree these mega-institutions. holiday season with our family and on some things too, including real con- So I hope this is pretty much a no- loved ones, I once again wish to ask cern about too-big-to-fail institutions brainer. It is a study. It doesn’t man- each and every one of my colleagues to and the continuation of the implicit date any actions, and it asks valid remember these men and women, these policy of too-big-to-fail. That is why he questions to which getting unbiased great souls whose belief in this country and I have come together on a number answers would be very helpful in our is so great they willingly and without of fronts related thereto, including leg- continuing work. That is why Senator qualification put life and limb on the islation we can pass this week before SHERROD BROWN and I have come to- line so that 99 percent of us don’t have we end this Congress that would simply gether in a bipartisan way to ask these to spend our days and nights wondering authorize a study. It is an important questions. We have developed legisla- if our loved ones are safe. GAO study about too-big-to-fail and tion mandating this GAO study, and we Remember that we are still a nation those institutions. are trying to get what we consider to at war, that there are over 170,000 The idea is very simple. We would be very noncontroversial legislation members of our Armed Forces de- ask the GAO—a clearly nonpartisan, passed before the end of the year. ployed, many of them in harm’s way, clearly expert entity with a lot of As it stands now, we have cleared and many of them are from my home smarts, with a lot of ability to do this legislation on the Republican side. State of North Carolina. This year valid, unbiased research—to study Every Republican Member is perfectly these deployed servicemembers will whether there is an implicit policy of willing to let this pass by unanimous not be celebrating with those near and too-big-to-fail with regard to our larg- consent. That process has just begun dear to them because they will be on est financial institutions and, if so, on the Democratic side. I urge all of watch protecting the very freedoms

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8266 CONGRESSIONAL RECORD — SENATE December 20, 2012 and the way of life we hold so dear. Our wine: he just kept getting better with women do. They look out for one an- service men and women don’t ask for age. other and the families who are left be- anything from us, but please think of Justin understood that the freedoms hind. Yes, they are servicemembers, them, remember them, thank them, we enjoy as citizens of our great Na- but first and foremost they are human and please keep them in your prayers. tion are precious and valuable. He be- beings putting others before them- Remember the sacrifices endured by lieved in protecting others. He believed selves. We need to follow their lead. so many of our military families who in making the world a better place. He Another thing Chelsea shared with are at home now without their dad, believed in standing so that others me is that Dan loved her enough to be mom, brother, sister, husband, or wife. might not have to. honest with her always. He did not sug- And most importantly at this time of Interestingly, Justin’s mom brought arcoat things. He prepared her as much year and always, remember that there Justin and his twin brother Drew to as anyone could for any eventuality. are many servicemembers who will Washington, DC, when they were in But how much can you really prepare never come home. While many families middle school. They sat in the gallery someone to live the rest of their life miss their loved ones now, especially in this very Chamber. I think it is fit- without their soulmate? To raise their during the holiday season, some will ting that we remember and honor him daughter without her dad? To explain endure that loss for the rest of their here. to her that dad gave his life to protect lives. These husbands and wives, moms SGT Justin Marquez was a dedicated others—especially when too many of us and dads, brothers and sisters, sons and soldier. He had found his purpose. He are not even aware of these sacrifices? daughters did not bargain for the pain believed in what he was doing. We must Dan was a marine. He was doing what of waking up each and every day with- remember how fortunate we are to he believed in. His wife knew that it out their partner, a child, a friend, or have countrymen like him—people was a dangerous job and that the worst the person who used to tuck them into committed to fighting for the freedoms could happen because Dan told her. She bed each night. They did not ask to we so often take for granted. just never thought it would be on this, spend the rest of their lives missing Mrs. Marquez shared with me that his first deployment, or in this war. He someone so important to them. Re- she does not worry about Justin any- died fighting for our freedoms and lived member them as you do your holiday more. He is taken care of and is safe by a code that most of us will never un- shopping, go to parties, exchange gifts, now. But because of him, she now wor- derstand but for which we must be and otherwise get caught up in the ries for all the other soldiers. We all thankful. spirit of the season. need to keep these men and women in As you spend time with your loved SGT JUSTIN C. MARQUEZ mind too and support them and stand ones this season, remember Cpl Dan Remember the family of SGT Justin with them and their families. Linnabary and thank him. Z. Marquez, U.S. Army, from Aberdeen, CORPORAL DANIEL L. LINNABARY This is a time of year about belief. NC. Justin died this past October 6 We also need to remember the family Different cultures and different faiths from small arms fire wounds he re- of Cpl Daniel L. Linnabary, U.S. Ma- have different beliefs. And this is what ceived while on foot patrol in Wardak rine Corps, from Hubert, NC. Daniel makes our country the greatest Nation Province, Afghanistan, just 1 month died on August 6 at the age of 23 while on Earth. Be it faith, politics, or other after he arrived in theater. Justin was conducting combat operations in things, we are all free to believe what 25 years old. Helmand Province, Afghanistan. we choose. And we must remember I spoke with Justin’s mom Terry. Dan always wanted to be a marine. that there are special men and women She told me that as a boy, Justin ques- He made his decision at the early age in this world, oftentimes strangers to tioned authority—a lot. But she said it of 4 and wanted to be a marine until us, who are willing to give their lives was always because he was standing up the day he died. He was the third gen- for our right to believe in what we for what he thought was right, defend- eration of his family to serve in the choose. But one thing we should all ing someone else against an injustice Marine Corps, and for 46 years there agree upon is that we must—we must— or prejudice. has been at least one Linnabary in the stand behind and beside the men and Justin was a good son. He believed in Marine Corps. No wonder he knew he women who are willing to pay a debt helping others, standing up for others. wanted to be a marine at such a young they do not owe so that other Ameri- He was a kid other parents trusted and age. cans do not have to. a big brother to many—a neighborhood Dan loved the Corps, but more than Our servicemembers are from our guardian, if you will. His house was the that he loved his wife of just a year, small towns, our big cities, and our weekend hangout. Younger kids would Chelsea, and baby daughter Rosalie. I rural areas. They are our neighbors, come over. When his mom questioned spoke with Dan’s wife Chelsea, and she they are our fellow Americans, and when the younger kids should go home, impressed upon me that Dan was much they are my fellow North Carolinians. her son told her: Mom, don’t worry. more than a marine. She needed me to Justin Marquez, Daniel Linnabary— They are happy being here. Not every- know that he was first and foremost a just a couple of the heroes who lived one has the fairytale life like our fam- good husband and a good father, just a among us. We must remember them ily does. really great guy who loved his wife and and honor them now and always. Justin’s family was a little surprised loved being a dad. So at this time of the year, I wish to when he announced that he wanted to Dan’s baby girl Rosalie just turned 7 extend my warmest wishes of the holi- join the Army at 18. They wanted him months old this past weekend. Dan got day season to our servicemembers, to finish school, to continue growing to spend only 7 weeks with her before both those serving now and those who up, but Justin had other plans. He deploying—3 of those weeks an extra have gone before us, and to the families wanted to go out in the world and blessing because baby Rosalie was in and friends who cannot be with their make a difference for others, and the such a hurry to meet her dad that she loved ones. Army was how he was going to do this. arrived 3 weeks early. From the minute Thank you, Mr. President. He was eager to do his part—to stand Dan first held his tiny daughter, he and I suggest the absence of a quorum. for our country, our government, our everyone else knew that he was made The PRESIDING OFFICER. The people, and our way of life. He under- to be a dad, that he would always love clerk will call the roll. stood how precious our freedoms are and do whatever was necessary to care The bill clerk proceeded to call the and how fortunate he was to be an for his family. Now Rosalie will grow roll. American. up with only photos of her dad, but she Mr. MORAN. Mr. President, I ask Justin’s life was cut short, tragically will always have a connection to him unanimous consent that the order for so, but his dad, mom, and twin brother through those who served with him. the quorum call be rescinded. got to see him grow from a boy to a The men of 2nd Tank Battalion have The PRESIDING OFFICER. Without man. He made their lives full and chal- told Dan’s wife that they look forward objection, it is so ordered. lenged them to be better people. Ac- to meeting baby Rosalie when they get Mr. MORAN. Mr. President, I ask cording to Terry, his mom, as Justin back from their deployment early next unanimous consent to address the Sen- grew up in the Army, he was like a fine year. That is just what these men and ate as in morning business.

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I was on the Coach Barta and his team over a num- come from a part of the country that floor earlier this week paying tribute ber of seasons, including their 2009 remains committed to that way of life. to the lost lives in Connecticut and the State title game. Each time, I watched Coach Barta summed it up best when two police officers killed in the line of a very talented and sportsmanlike he said this about his coaching philos- duty in Topeka, KS, this week and the football team and a very spirited set of ophy: death of our colleague—certainly seri- fans from Smith Center and across the What we do real well around here is raise ous issues that we face—and now region. Yet all the success this team kids. . . . None of this is really about foot- awaiting the House to pass legislation has enjoyed on the field is not what ball. What we’re doing is sending kids into in regard to the fiscal cliff. makes them so remarkable. The truly life who know that every day means some- This is perhaps a lighter subject. I exceptional work being done on the thing. want to pay tribute to something that plains of Kansas is the development of Congratulations to Coach Barta for is such a great tradition in our State of character in the boys of the Smith Cen- his outstanding achievements over the Kansas and really across the country. ter football team. It is the respect the last three decades. But most impor- Football is something that is impor- athletes learn to have for their team- tantly, thank you, coach, for your in- tant to communities across my State. mates and opponents on the field. It is vestment in the lives of young men of On Friday nights, in the fall of each the integrity the boys are expected to Smith Center. Their lives are forever year, thousands of Americans gather at have both on and off the field. And it is changed because of you. their local high school football fields the hard-working spirit they take with Mr. President, I suggest the absence to cheer on their favorite teams. This them when they graduate. of a quorum. tradition has stood strong for decades As a member of the Redmen football The PRESIDING OFFICER. The on the Kansas prairie, but it is espe- team, the athletes are not expected to clerk will call the roll. cially true in a little town not too far just excel on the field but in the class- The bill clerk proceeded to call the from my hometown, in the town of room and the community as well. From roll. Smith Center. school plays to school concerts, the Mr. AKAKA. Mr. President, I ask There are few if any high school foot- Redmen do more than simply play foot- unanimous consent that the order for ball fans in our State who are unaware ball. And Coach Barta serves more the quorum call be rescinded. of Smith Center’s reputation. Coach than just to coach football—he serves The PRESIDING OFFICER. Without Roger Barta and his Redmen football as a role model and mentor for young objection, it is so ordered. team have won more than 320 games men and the community. Mr. AKAKA. Mr. President, I ask and 8 State championships—5 of them I remember a story in the book that unanimous consent to speak as in in a row. They are even known here in says when one of the team members morning business. Washington, DC. violates a team rule—young fourth The PRESIDING OFFICER. Without A few years ago, when they were on grade students in Smith Center, KS, objection, it is so ordered. their 79-game winning streak, people have a player card, and that football NATIVE HAWAIIAN GOVERNMENT would come to me and ask me if I had team member who violates a rule has REORGANIZATION ACT ever heard of Smith Center, KS. And I to go to the fourth grade member and Mr. AKAKA. Mr. President, I rise as would say: Certainly. Yes. What is the explain his error in violation of the my friend, my colleague, my brother, story? And they had read on the sports team rule and apologize to the fourth Danny Inouye lies in state in the Cap- page that Smith Center had scored 74 grader. itol Rotunda just a few yards from points on another team in the first Coach Barta’s wife had this to say where I stand now. In life, he received quarter. It turned out to be my home- about her husband’s commitment to our Nation’s highest military honor, town of Plainville. Mr. President, 74 the Redmen: the Medal of Honor. Today he is receiv- points in the first quarter—this is an Roger likes everything about football, but ing a tribute reserved for just a handful amazing team. what he loves most are the practices, the ca- of American heroes such as Abraham Under the leadership of Coach Barta, maraderie, and watching the boys learn a lit- Lincoln. the Redmen football team has set tle more. He lets them know how much he I come to the floor to speak about an State and national records. That 79- wants them to succeed. important piece of legislation I devel- game winning streak is a remarkable In the book about the Redmen, the oped and worked with Dan Inouye on achievement, and it caught the atten- writer Joe Drape extols the virtues we for over 12 years. Today, in Senator tion of the New York Times. In fact, a in America hold so dear. Humility, sac- Dan Inouye’s honor, for all the people New York Times sportswriter, Joe rifice, and unwavering commitment of Hawaii, I am asking the Senate to Drape, moved his family from New are all characteristics that are exem- pass the Hawaiian Government Reorga- York City to Smith Center, KS, and plified by the Redmen and their fans. nization Act. lived there for an entire school year to But perhaps Coach Barta’s greatest Dan and I developed our bill to create chronicle the team’s achievements and legacy as he leaves the coaching field a process that could address the many to write about the community. He tells in Smith Center is within the Smith issues that continue to persist as a re- their story in his best-selling book Center city limits: former Redmen who sult of the legal overthrow of the King- called ‘‘Our Boys: A Perfect Season on left town for college or work but even- dom of Hawaii in 1893. the Plains with the Smith Center tually returned home. As you know, Dan Inouye was a Redmen.’’ Broch Hutchison, one of the Coach champion for Hawaii and worked every There are many reasons for this Barta’s former players, is now an as- day of his honorable life to solve prob- team’s success that would, in fact, sistant coach, and he had this to say lems and help our island State. bring a New York Times reporter to about working alongside Coach Barta: Dan also served on the Indian Affairs this small town, but I think the com- We’ve all had opportunities, but this is Committee for over 30 years and munity of Smith Center would agree where we’ve learned to love one another and chaired it twice. He was an unwavering with me that perhaps the greatest rea- work hard and build a community. If we can advocate for the United States’ govern- son behind their success is their head have an impact on a kid’s life like Coach ment-to-government relationships with coach—Coach Roger Barta. The coach’s Barta, we want to do it in our hometown. native nations. He constantly reminded 323 victories place him among the top 5 This attitude exemplifies the teach- our colleagues in the Senate about our coaches on the alltime Kansas football ing, coaching, and parenting philos- Nation’s trust responsibilities and our coaching wins list, and in 2007 he was ophy of rural America. Our populations treaty obligations to America’s first named the Gatorade National Coach of are dwindling and our communities are peoples. Dan believed that through

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8268 CONGRESSIONAL RECORD — SENATE December 20, 2012 self-determination and self-governance, dous outpouring of love from Hawaii The native people of Hawaii, how- these communities could thrive and and every other State in the Union. ever, are not federally recognized contribute to the greatness of the Native American communities across among the first peoples of the United United States. the country are mourning the loss and States. For more than a decade now, When asked how long the United paying tribute to their great champion. efforts to provide Federal recognition States would have a trust responsi- Dan Inouye’s absence will be felt in have been filibustered, and I would sug- bility to native communities, he would this Chamber and the Nation for many gest unjustly so. quote the treaties between the United years to come. May his legacy live on Senator Inouye and Senator AKAKA States and native nations, which prom- for generations of Native Americans have worked valiantly to create pro- ised care and support as long as the and inspire all Americans to always grams for Native Hawaiians that par- Sun rises in the east and sets in the strive toward justice and reconcili- allel those available to American Indi- west. ation. ans and Alaska Natives, but this is not Dan Inouye’s sheer determination to I urge my colleagues to pass the Na- enough. Justice demands that the na- improve the lives of this country’s in- tive Hawaiian Government Reorganiza- tive people of Hawaii earn the Federal digenous peoples and make good on the tion Act in the memory of Senator recognition that is rightfully theirs. promises America made to them led Daniel K. Inouye and his desire to pro- The time to provide parity and jus- him to introduce more than 100 pieces vide parity to the Native Hawaiian peo- tice for Hawaii’s native people is now. of legislation on behalf of American In- ple he loved so much. The Native Hawaiian Government Re- dians, Alaska Natives, and Native Ha- To Dan, I say: Aloha ’oe and a hui organization Act, which has passed out waiians. hou, my brother. of the Senate Committee on Indian Af- Senator Dan Inouye secured passage Mr. President, I yield the floor, and I fairs, I think is a responsible bill. It is of the Native Hawaiian Health Care suggest the absence of a quorum. a constitutional vehicle to accomplish Improvement Act, the Native Hawaiian The PRESIDING OFFICER. The this objective. Education Act, the Hawaiian Home clerk will call the roll. We began our mourning paying trib- Lands Recovery Act, and the Native The bill clerk proceeded to call the ute to our friend and former colleague Hawaiian Homeownership Opportunity roll. Senator Inouye. As we think about Ha- Ms. MURKOWSKI. Mr. President, I Act. waii and its peoples, and as we remem- ask unanimous consent that the order He was instrumental in helping me to ber the contributions of Senator for the quorum call be rescinded. enact the apology resolution to the Na- Inouye, and as we recognize Senator tive Hawaiian people for the suppres- The PRESIDING OFFICER. Without objection, it is so ordered. AKAKA as he departs from this body sion of their right of self-determina- after years and years of honorable serv- tion. It was enacted on the 100th anni- NATIVE AMERICAN AFFAIRS Ms. MURKOWSKI. Mr. President, I ice, I would hope that within this body versary of the overthrow of the King- we would not forget the efforts they dom of Hawaii. was watching my friend and colleague Senator Akaka as he was delivering his have worked on so valiantly. In 1999, Dan and I worked together to I will commit to my friend, Senator develop the Native Hawaiian Govern- comments earlier about Senator AKAKA, that the cause the Senator has Inouye and the legislation that both he ment Reorganization Act to give parity taken up, that he has worked on so and our dear friend and former col- to Native Hawaiians. For over 12 years hard with Senator Inouye, will not die now, we worked together to pass the league have worked so hard on over the until justice for the native people of bill to ensure that Native Hawaiians years, and I wanted to come to the Hawaii is achieved. I thank the Sen- have the same rights as other native floor this evening and tell my friend that I am deeply appreciative of the ator for his leadership. peoples, and an opportunity to engage Mr. President, I was going to yield words he has delivered as the chairman in the same government-to-govern- the floor, but I would like to take a of the Senate Committee on Indian Af- ment relationship the United States moment to provide my remarks regard- has already granted to over 560 native fairs. I would certainly hope the Senate ing Senator AKAKA and his contribu- nations throughout this country, would respect the thinking the Senator tion here, if I may. across the continental United States, has outlined as it relates to the Native DANIEL K. AKAKA and in Alaska, but not yet in Hawaii. Hawaiian Government Reorganization Over the years, people have Act. Mr. President, I rise to speak on be- mischaracterized the intent and effect As the Senator knows well, I have half of my friend, my colleague, Sen- of our bill, so let me be plain. For me, long been a supporter of that act. It is ator DANIEL AKAKA, who is set to retire as I know it was for Dan, this bill is indeed an honor to have worked with after 22 years of dedicated service in about simple justice, fairness in Fed- him on it, as well as our dear friend the Senate. He has been a personal eral policy, and being a Nation that ac- and late colleague, Senator Inouye. friend to me, he has been a personal knowledges that while we cannot undo This legislation has been going on for friend to my family, and to my par- history, we can right past wrongs and some 12 years now, and I think it is fair ents. He and his wife Millie, a wonder- move forward. To us, this bill rep- to say that it truly has been a bipar- ful, beautiful woman, have been leaders resented what is ‘‘pono’’ in Hawaii, tisan effort, not only here in Wash- on behalf of the people of Hawaii and what is just and right. ington, DC, but in Hawaii as well. have long been friends and partners to Our bill is supported by President For several years, when Governor the people of Alaska. Barack Obama and the U.S. Depart- Lingle was Governor of Hawaii, she was Senator AKAKA has served our Nation ments of Justice and Interior. It has back here helping on the Republican and the great State of Hawaii honor- the strong support of Hawaii’s Gov- side of the aisle. ably for nearly 70 years. That is an in- ernor, the State legislature, and a I firmly believe this cause of Native credible contribution. His service large majority of the people of Hawaii. Hawaiians is just. The native people of began in 1943, immediately following Our bill has the endorsement of the Hawaii are similarly situated to the his graduation from the Kamehameha American Bar Association, the Na- native people of Alaska. Both are ab- School for Boys in Honolulu. The Japa- tional Congress of American Indians, original peoples from former terri- nese attack on Pearl Harbor had taken the Alaska Federation of Natives, and tories. Yet the fact is that the two peo- place a year earlier, only 5 miles from groups throughout the Native Hawai- ples are not treated the same for pur- his dormitory steps. In the hours im- ian community. poses of Federal Indian law. The native mediately following that attack, Sen- As a Senator and senior statesman, people of Alaska are recognized as ator AKAKA, who was a 17-year-old Senator Dan Inouye advocated that among the first peoples of the United ROTC cadet, helped his classmates Congress do its job and legislate where States. Their tribes appear on the Inte- search for paratroopers in the fields native communities were concerned. rior Department’s list of federally rec- above his school grounds. Like so many Dan Inouye believed that a promise ognized Indian tribes, and they have others of his generation, Senator made should be a promise kept. access to important Federal Indian AKAKA answered the call of duty, In the days since my dear friend programs that truly have improved the joined the U.S. Army, first with the Dan’s passing, there has been a tremen- quality of life for Alaska natives. Corps of Engineers as a mechanic and a

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8269 welder, and later as a noncommis- and Senator AKAKA have championed RULES CHANGES sioned officer. with regard to Federal recognition of Mr. MERKLEY. Mr. President, I rise In 1952, Senator AKAKA used the GI Native Hawaiians. to talk about the challenge of this bill to earn his degree in education But Senator AKAKA is also special to Chamber being a Chamber that can de- from the University of Hawaii and two other constituencies—our Federal liberate and decide issues, the big began his lifelong dedication to our Na- employees and our veterans. He is one issues facing America. tion’s students, first as a teacher, then of this body’s leading experts on some I don’t think it will come as a sur- as a principal at a high school in Hono- of the more arcane laws that apply to prise to anyone that the Senate, once lulu, and later with the Department of Federal civil service. Alaska’s Federal famed as the world’s greatest delibera- Health, Education and Welfare. employees clearly appreciate his lead- tive body, has become paralyzed. At Senator AKAKA was first elected to ership on the Non-Foreign AREA Act, the heart of that paralysis is a change the U.S. House of Representatives in which made them eligible for locality in the use of the filibuster. ‘‘Fili- 1976 and then went on to win six more pay that counts toward retirement. buster’’ is a term I believe comes from elections. It was clearly evident to the This is an issue in my State that took the Dutch, and it refers to piracy. In people of Hawaii within that second some time to negotiate and to move this context, it is about someone tak- congressional district they valued his through, but the Federal employees in ing over this Chamber—taking over the passion and his dedication for the of- Alaska—as they are seeing the benefits normal process by which we debate fice. In 1990, after the death of Senator of that locality pay—owe thanks and issues and decide issues by majority Spark Matsunaga, Senator AKAKA was gratitude to the work of Senator vote. appointed and then subsequently elect- AKAKA. And of course he knows well In the past, when everyone under- ed to the seat in the Senate that he has the laws that govern the U.S. Postal stood the very heart of what we do is to held for 22 years now. Service probably as well as anyone in make decisions by majority vote, the Senator AKAKA’s fortitude and his de- this body. filibuster—the takeover of this Cham- termination have not waned in these 70 During Senator AKAKA’s tenure as ber, the objection to a simple majority years. As the first Native Hawaiian chairman of the Senate Veterans’ Af- vote—was very rare. People did this ever to serve in the Senate, and the fairs Committee, this body has made only once or twice in a career for some only indigenous person currently serv- great progress in ensuring that the VA issue of profound personal values or of ing in the Senate, he is a proven cham- had a budget commensurate with its extreme concern to an issue in their pion for American Indians, Alaska Na- needs. His contributions to ensuring State, and it was most often small fac- tives, and Native Hawaiians. It was that post-9/11 veterans had access to tions who would do this. just in October of this year that Sen- critically needed health and education In 1916, there was a debate—a debate ator AKAKA came to Alaska and was resources will endure. that went on about whether to put honored by the Alaska Federation of As neighbors in the Pacific, Alaska weaponry on our commercial shipping. Natives with the Denali Award. This and Hawaii have always shared a very This was pre-World War I. In the course award is presented to an individual special bond, not only because of our of that debate, there was a small fac- who is not an Alaska Native for their geography and our time differences. tion who said: We are going to inter- contributions to the growth and devel- Every time I endure a 12-hour flight rupt and we are going to object to the opment of the Alaska Native commu- across the country to go home—and simple majority because we strongly nity’s culture, economy, and health. home is four time zones away—I am re- oppose the United States putting any Senator AKAKA has done that repeat- minded that it takes Senator AKAKA a defenses on its merchant vessels, even edly over the years. couple hours more and one time zone though those vessels were being sunk The efforts he has worked on, wheth- more to get home. But it is not only by the Germans as they went over to er it was bigger initiatives or whether our geography that binds us; we have Europe. to ensure the people in King Cove had many other similarities: our indige- This was enormously frustrating to access to an airport so their lives nous peoples, the relative youth of our President Woodrow Wilson, and it was weren’t threatened in a medical emer- States, our unique landscapes, and for enormously frustrating to the Members gency and they could get out, Senator years our delegations have worked to- of this Chamber who said: We must AKAKA has stepped up to ensure the gether across the aisle for the good of complete debate and make a decision people of Alaska are cared for. our people. and only a small number want to block It has truly been a pleasure to work Senator AKAKA’s bipartisan ap- us from making that decision. with Senator AKAKA over these past 10 proach, his willingness to work toward The following year, in 1917, they years on the Senate Indian Affairs success, will be missed by myself and adopted a rule that we could close de- Committee. The chairmanship he has so many of our colleagues. And, of bate if we had two-thirds of this Cham- administered has been admired and ap- course, I don’t think Senator AKAKA ber voting to close debate. That is preciated by all of us who are on that would call it bipartisanship. He would called cloture. Cloture continued to be committee. call it aloha. We work in the aloha an instrument that in situations where Senator AKAKA’s leadership, wisdom, spirit. there was an individual or a small and grasp of issues has helped us work With that, I wish to tell my friend group who stretched the limits of the together toward many visions and and my colleague, mahalo. From the courtesy of full debate, then the Cham- goals that we shared. The Save Native bottom of my heart, mahalo. I am ber as a whole could say: Enough is Women Act—a bill to help protect na- going to miss you, Senator AKAKA. I enough. We need to bring this debate to tive women and children across our 565 am going to miss your wife Millie and an end and make a decision. federally recognized tribes—was large- your entire extended family. But as Over time, things have changed. This ly incorporated into the Senate version you return home to your beloved Ha- objection to a simple majority—which of the 2012 Violence Against Women waii, know that you have left an im- makes it impossible for the Chamber to Act. We need to make sure that legisla- pression on so many. end debate—has grown from its occa- tion passes. And again, as we think With that, Mr. Chairman, I yield the sional use to a routine instrument of about the statistics that so many of floor, and I suggest the absence of a legislative destruction. It is used on our native peoples face, we need to quorum. virtually every debatable motion. make certain we are making appro- The PRESIDING OFFICER. The A single bill can have as many as priate gains and strides to help address clerk will call the roll. seven or so steps where you have a de- them, and Chairman AKAKA has worked The legislative clerk proceeded to batable motion. In that situation, then with us on that. We fought to ensure call the roll. an objection to a simple majority can the preservation of native languages Mr. MERKLEY. Mr. President, I ask be done multiple times. Each one of not only in our communities but with- unanimous consent that the order for those objections wastes a week of the in our classrooms. the quorum call be rescinded. Senate’s time on this floor, which As I mentioned, I have long sup- The PRESIDING OFFICER. Without means the Senate not only cannot de- ported the concept that Senator Inouye objection, it is so ordered. cide the issue at hand, it runs out of

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8270 CONGRESSIONAL RECORD — SENATE December 20, 2012 the time to debate and deliberate on proving a treaty, in the case of having have the sort of speedy criminal justice the other issues that we should be a constitutional amendment. But they system we envision and promise. doing on the floor. viewed that these legislative Cham- That was just nominations. Let’s As I will show in a chart later, we bers, like every legislative chamber in take a look at some other areas. The can measure this in part by the action the world, would make decisions by motion to proceed is the very first step on appropriations bills. We have an ex- simple majority. for a bill. It is just a motion to get the pectation of—it used to be 13 appro- In fact, they addressed this in the bill on the floor to debate. That was priations bills; now it is 12. In the last Federalist Papers. Here we have Alex- virtually never filibustered. We have 2 years we have done exactly 1, 1 out of ander Hamilton and his commentary one time down here in 1932, until we 24—totally unacceptable in terms of on supermajority decisionmaking that are in the 1960s, and then early 1970s. It this Chamber fulfilling its responsi- was fierce. He said—and this is just a takes off. We see this massive expan- bility just in that one area of appro- small part of his diatribe about how de- sion that makes no sense unless you priations, decisions about how to spend structive it would be to have this are just trying to paralyze the system moneys in different parts of the gov- Chamber tied up in a supermajority. He because these filibusters are not in any ernment. referred to it as driving ‘‘tedious way construed to enhance debate. I know when people hear the word delays; continual negotiation and in- These are to prevent debate, prevent ‘‘filibuster’’ they do not think of sim- trigue; contemptible compromises of us from getting to a bill to debate it, ply a silent objection. Yet that is what the public good.’’ prevent an agenda from ever being con- is in the rules, a silent objection to a We have seen some of those tedious sidered by this body. Here we have over simple majority. They think of some- delays, we have seen some of those con- 30, and over 20—in recent years just a one taking the floor and making their temptible compromises, and certainly huge number of efforts to prevent these case on an issue of deep principle or he was looking into a crystal ball and bills from ever coming to the floor to deep concern to their State. They accurately summarizing the situation. be debated. How can we weigh in and might be thinking a little bit about a He was not alone. Here we have com- address the big issues facing our Na- picture that looks a little like this. patriot James Madison, also in the tion if we cannot get the bill on the This is that famous scene from ‘‘Mr. Federalist Papers. He noted ‘‘the fun- floor to begin with? Again, in recent Smith Goes to Washington.’’ Jimmy damental principle of free government times, and enormous change in strat- Stewart is on the floor. He talks would be reversed.’’ egy used by the minority to prevent de- through the night, making his case. He By ‘‘fundamental principle,’’ he is bate. is fighting for fairness and justice in talking about the fact that when you Here we have amendments. The first the face of corruption. That is what make a decision by simple majority, time, about 1962, the filibuster was people think of when they think of a you make the decision that most peo- used on an amendment because people filibuster. ple think is the right direction in envisioned the filibuster as something But the way it works today, it is a which to go. But when you make a de- to be used at the end of the process on simple objection. We ask for a unani- cision by supermajority, and a minor- a bill when all the different pieces have mous consent request, meaning do all ity can block it, you are making the been put in place, and you say: Is their 100 Senators agree to go to final vote, decision the smaller number thinks is a core principle compromise after I and someone says: I object. That is all the right decision. In that sense, you have fought and won or fought and that is required. That is all it ever have a series of worst decisions rather lost? But then folks got the clever idea: meant. But in the past, that objection than a series of best decisions. So the We can do this on any debatable mo- to the heart of democracy, to the sim- wisdom of the group tapping into the tion, including an amendment. So the ple majority, meant you felt honor expertise of colleagues who came from number of filibusters on amendments bound to come to the floor of the Sen- many directions, many walks of life, is also grew enormously from the early ate and make your case while you not realized. 1970s forward. stood in the way of the decisionmaking Let’s take a look at what has hap- Final passage? This is where we see of this august Chamber. But that sense pened in this use of the objection to a the traditional role of the filibuster, of honor-bound responsibility to make simple majority, otherwise known as a one or two or three a year over these your case before your colleagues, make filibuster. Here we are evaluating it in many years from the 1920s on through your case before the American people, terms of the cloture motions that are the 1960s. Stop the chart right here in has disappeared. Indeed, instead of the filed. These are motions that are de- the middle. That is what the filibuster filibuster being something done by an signed to drive a vote on whether to was, very occasional battles over core individual or a small group, it is now close debate. It is one way of meas- principles. Then we have 1970 and look used as an instrument of party warfare. uring the number of filibusters. How what happened. We had this explosion The minority party, be it the Demo- about nominations? We can see that of 25—that was 1974. What happened as crats or be it the Republicans, say: You basically the first filibusters on nomi- a result? know, we can slow down the majority nations were in about 1970. I was about In 1975 there was a big battle on this by eating up their time. We can do it 14 years old. I was starting high school. floor about changing the rules because by filing an objection on every debat- That is when this started to be done. this abuse was preventing the Senate able motion, and we will simply eat up We can see that as time passed, we from doing its business. So in 1975 we the calendar and prevent them from have an enormous increase in the num- have this enormous battle. There are getting their work done. Then we will ber of filibusters on nominations. Over three votes in which a simple majority say how incompetent they are, that here, in 2012–24. It is a situation where says, yes; we can change the rules by they can’t get their work done—after these are only cloture motions. So simple majority, and we intend to do we have caused them to be unable to do many other nominations were blocked so. The majority leader who opposed it. because of threatened filibusters. this finally said: OK, I get the message. I thought I would go through the We have this vast number of posi- A simple majority is prepared to enormous expansion of this tool of leg- tions in the executive branch, this vast change the rules if we do not address islative destruction in many different number of judge positions that are un- the paralysis of the Senate, and they categories in the years since 1970. Be- filled. The advice and consent clause in changed the rules. fore we do that, by the way, every now the Constitution that gives this Cham- The compromise was to change it and then someone says: You know, the ber, the Senate, the chance to weigh in from 67 required to close debate down Senate was designed as a super- has been turned, through the expanded to 60, from two-thirds down to three- majority body. Indeed, that could not use of the filibuster, into a tool that fifths. You can see the number of fili- be further from the truth. There are damages the other branches of govern- busters then dropped off, and they were specific cases where our forefathers ment. It prevents the President from resolved more easily. said a supermajority makes sense; for having his team that he would like to But what do we have? Again, this example, in the case of overriding a have, and that blocks us from getting enormous explosion until 2012, 35 fili- Presidential veto, in the case of ap- the judges onto the courts so we can busters. We are deeply afflicted. This is

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8271 why we are having this conversation motions, and I would proceed to say: business. We should not waste a week over how to save the Senate from Here is what the folks are thinking of Senate time trying to decide wheth- itself, from this instrument of the ob- about back home; here is what folks er we are going to have a debate on a jection to a simple majority that is back home are thinking about this bill or nomination. being used to thwart the ability of the issue. Those listening may wonder why people’s elected leaders from address- He would come back to vote, and I there is a week of wasted time. Well, it ing the issues our Nation faces. would rush back upstairs and see how works like this: First of all, we have After a bill has gone through pas- he voted, how everyone else voted, how the motion and then we have debate sage, it goes over to the House or the it came out. that takes place and we think we will House bill comes to the Senate. When I would rush back and start making wrap it up, but we don’t. Then we think both Chambers have passed the same notes on the next debate. Well, this we have a motion to close debate, but bill in different forms, then you need to Chamber deliberated on amendment to do that there has to be a petition get it to negotiation. That is done after amendment. When one amend- signed by 16 Senators. So on day three through a conference committee. It ment was done, then a series of folks we get the petition. Then the petition used to be nobody filibustered a con- near the Chamber would raise their has to ripen, which means it has to sit ference committee. Here we have in hand and call on the Presiding Officer. over on intervening days. So we start 1972 the first filibuster on a conference Whoever the Presiding Officer called the debate on Monday, sign the peti- committee. on—and according to the rules, the tion on Tuesday, and now we cannot Why would you object to getting the Presiding Officer is supposed to call on vote on whether to close debate until three motions done that are required the first person he or she hears—and Thursday. Then if we are able to vote to get a bill into negotiation with the that person would present the next and get 60 votes, we have to have 30 House? That doesn’t facilitate debate amendment and then the debate would hours of postcloture debate. Now the in any conceivable way. But it was an begin. They would debate for an hour, week is gone. The 30 hours wipes out instrument to eat up the time of this hour and a half, and then they would Friday. Chamber so they could not address vote. If that is done multiple times on a other issues. It is like walking knee These amendments were germane and bill, it means multiple weeks are wiped deep in molasses. You just cannot get relevant to the issue. They had to do out with nothing productive. There is very far very quickly. with different aspects of the Tax Code: no productive conversation on this Then we see this huge explosion in Was it Employee Stock Ownership floor, no point and counterpoint, no in- using this filibuster, the objection to a Plan, ESOPs. That was something Sen- sights with people’s life experience, no simple majority, in the latter part of ator Hatfield cared a great deal about. questions asked or questions answered. this last decade. The result has been Was it the change in a provision re- Nothing productive gets accomplished. this: We have basically given up on garding teachers’ home offices? It If we want to sum up all of the fili- conference committees. It is too hard seemed that was something every busters on all of these different mo- to get to conference. So we have infor- teacher in Oregon was writing us tions, here is one way to compare it. mal negotiation, or we have kind of a about. We debated these issues, we de- Lyndon Johnson was the majority process called ‘‘pinging,’’ where we cided these issues, and it was a simple leader for 6 years. During those 6 years, change the House bill after we pass our majority. That is the way the Senate he had to file one petition. Technically own version, we change it, send it back deliberated and decided on issues over it is called a motion, but actually 16 over, they change it, send it back over our history until the last 40 years when people have to sign a petition. He had to us—not a very effective way to nego- this massive expansion of the use of one motion to end debate in 6 years. tiate a compromise that can pass in the objection to the simple majority Now we have HARRY REID who has the same form. And until and unless it has paralyzed this body. been the majority leader for 6 years. As passes both Chambers in the same I thought it was interesting to see this poster says, ‘‘387 and counting.’’ I form, it cannot get to the President. So this cartoon. It says: I will tell you all think the number today is 391. There this was a huge change as well. the reasons we shouldn’t reform the fil- have been 391 1-week delays in 6 years. Then we have, after conference com- ibuster. I assume it is depicting a Sen- How many weeks are there in 6 years? mittee, reports coming back from con- ator on the floor of the Senate. And it Well, that would be about 312 weeks. Is ference. Now you have the same says, No. 1, it will restrict my ability that right? Yes, 312. So that is 312 version; it normally has not changed to frivolously stymie everything. And weeks, and as it says here, ‘‘387 and very much. Again, we see this explo- then the Senator says, No. 2—well, the counting’’—390 weeks wasted. sion—once, basically, in about 1945, and Senator thinks about it, grimaces, No wonder we don’t get things done, then about 1970 an explosion, and then frowns, and cannot think of any other such as our nominations for the execu- we see the dropoff in part because we reason that we should not reform the tive branch or the judiciary, our appro- just started giving up on conference filibuster other than the ability to priations bills, our authorizing bills, or committees. frivolously stymie everything. Finally the policy changes that are going to In each one of these debatable mo- the Senator says: How long do I have to make a big impact on the challenges tions we have a problem, a problem keep talking? A little farther down we face in America. As we can see here that has grown enormously from 1970 here it says: You can read recipes for it is 1 versus 387. This is now a couple forward, the last 40 years. This is some- paralysis. of days old, so it is 391 and counting. thing I have witnessed within my own Well, that is what we have in the We cannot allow this to continue. We lifetime. I came here in 1976 as an in- Senate right now. Due to the extraor- have a responsibility to the people who tern for Senator Hatfield. I was as- dinary abuse of the filibuster, we have elected us to be a seasoned, delibera- signed to the Tax Reform Act of 1976. a recipe for paralysis. tive body. In those days there was no camera on It is time to do something about Some say: Well, this is what the Sen- this floor and there was no e-mail, so that. The first thing we should do is ate is all about. There is a story re- essentially the only way the Senator eliminate the filibuster on the motion cited by historians that says that is had to monitor a bill was that he or to proceed. That was the first step in apocryphal. It is a story about Presi- she would meet with a staff member the process I showed in the earlier dent Washington and Thomas Jeffer- outside these doors where the elevators chart. It doesn’t make sense to debate son. They are having a discussion. are. whether to debate. We should be able Washington says the Senate is meant I would sit up in the staff gallery and to vote on whether the bill comes to to be the cooling saucer. Just as we monitor the debate on the Tax Reform the floor. Let’s have a couple of hours poured our hot tea out of our cup and Act, and I would rush down with each to debate that. Then we have a simple into our saucer to let it cool so we can vote, meet Senator Hatfield coming majority vote. Either we decide we are drink it, the Senate is meant to be a out of the elevators, and brief him on taking up that bill or nomination or we cooling saucer. Well, perhaps the Sen- the details of the amendment. There are not taking up that bill or nomina- ate was meant to be a cooling saucer, were sometimes a couple of layers of tion, and we go on to the next order of but it was not meant to be a deep

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8272 CONGRESSIONAL RECORD — SENATE December 20, 2012 freeze. The cooling saucer concept is fending secrecy. They didn’t want to be lengthy sessions are a little more than that the Senate is a little more de- seen defending the creation of vast exercises in scheduling. tached from the immediate fashion of pools of cash that flowed freely be- The filibusterers are able to take the moment. It is a little more de- tween super PACs and dumped into turns holding the floor, and since they tached because we are elected for 6- campaigns at the last second with no- can demand the presence of a quorum year terms, not 2-year terms. It is a lit- body knowing where it came from. at virtually any moment, it is the ma- tle more detached because we are stag- They didn’t want anyone to know jority that carries the heavier burden gered so some have been here 2 years, where vast pools of money were going because they need to keep fifty-one some 4 years, and some 6 years. After under deliberately misleading names. senators nearby. If the filibusterers their first term, then they will be here Maybe it was a group that wanted to call for a quorum and it is not pro- many years thereafter. It is supposed keep some polluting factory open, but duced, under the rules the Senate must to have a little more distance on the they called themselves the Blue River adjourn. immediate trends because in the begin- Coalition or the Blue Skies Coalition So they lay out the theory, and they ning we were indirectly elected by because the money could not be traced. go on for several pages doing this. They State legislators. Of course, we No one wanted to come here and debate also quote some other experts. One of changed that. We changed that in the that, but they voted for a debate. That those they quote is Franklin Burdette. early 1900s because of the abuses that is the silent secret filibuster that has He was a scholar who wrote ‘‘Filibus- occurred and went to directly electing wiped out accountability to colleagues tering in the Senate.’’ It is referred to Senators. and accountability to the American as the classic text on the filibuster. The idea was longer terms, a little public. We need to end that. Franklin Burdette said this: bit more deliberation, a smaller body Right now the minority leader has Any experienced maneuverer in the Senate of folks in the Senate, two per State. come down and said several times he knows that a determined group of filibus- That was so we could deliberate doesn’t like this idea. He doesn’t like it terers, before they are themselves exhausted, thoughtfully, not so we could not delib- at all. He has called those of us who can usually manage to wear out the patience erate. There is a big difference. This is promoted transparency and account- and endurance of the majority. unacceptable. If this majority leader ability sophomoric. Well, I didn’t think Dove and Arenberg go on to quote were a Republican and the Democrats that was particularly a polite thing to commentator Elizabeth Drew and she were doing this, it would be unaccept- say, but let’s say we have a difference says this: able. It is unacceptable for either mi- of opinion. I am out here advocating Many people now insist that those who use nority party to devise and execute a for this Chamber to be able to do its re- filibusters should actually be made to stand strategy that prevents this body from sponsibility before the American pub- up and talk through the night, but there’s a doing its work. lic. I am out here advocating that if reason that doesn’t happen anymore. In the The thing that is diabolical about the someone votes for more debate, they 1970s, Majority Leader Mike Mansfield real- filibuster is that in the procedural have to have the courage of their con- ized that the real punishment was not to the small band of all-night speakers, but to the sense it is invisible. So we have this victions to make their case before their majority party, which had to keep a quorum unanimous consent request—this cour- colleagues and come to the floor. If on hand, sleeping on the famous cots near tesy—is everyone ready? Should we they don’t have the courage, then we the Senate floor, lest the person conducting vote? When the Senate was a small go ahead with the simple majority the filibuster suddenly make a motion to ad- Senate, and prior to 1970, virtually the vote. It is that straightforward. journ the Senate, thus defeating the purpose answer was always yes, except for There are some folks who say: We of keeping them talking. those rare moments on issues of deep can already have a talking filibuster Then Elizabeth Drew quotes Histo- values. But now it is done as a minor- under current rules. We don’t need to rian Ritchie who says: ity party strategy to obstruct, and it is change the rules. I found this inter- The all night filibuster wore down the ma- done on virtually every motion. And esting because the fact is that all of jority much faster than it did the minority, because it is an objection to a vote, it the writing about the theory and his- and majority leaders haven’t used the tactic has never required people to talk on torical efforts—I will say one thing, since. the floor. Of course, we all believed and that is that over any length of But then Dove and Arenberg go on to someone would talk on the floor be- time it is impossible for the majority cite the historical record, go through cause that is the way it was done. If to keep a filibustering minority talk- the different filibusters that have been someone violated the majority prin- ing. Why is that? It is because it takes on this floor, and one of the examples ciple, that person had the courage and the majority of 51 Senators to create a they cite is majority leader Lyndon principle to come to this floor and ex- quorum and force 1 filibustering Sen- Johnson’s 1960 effort to defeat a civil plain that to colleagues and the Amer- ator on the floor. That has been a myth rights filibuster: ican people. That is no longer true. that some of my colleagues have been Senator Johnson’s effort did not work. . . . Now there is no courage. It is in hiding. perpetrating. I thought I would go over Civil rights supporter Senator William Prox- I will give an example. We had a bill it a little bit more. There was a recent mire, Democrat from Wisconsin, described on the floor in 2010. It was called the book by two very well-steeped scholars. the scene. DISCLOSE Act. The DISCLOSE Act Richard Arenberg was one of those Now we are quoting Proxmire. He said that for every donation, the public scholars. Richard Arenberg was an aide said: should know where it comes from. If it to Senator CARL LEVIN as well as to We slept on cots in the old Supreme Court comes from ranchers, people should Senator Tsongas and majority leader chamber and came out to answer quorum know about it; if it comes from Okla- George Mitchell, so he has had a long calls. It was an absolutely exhausting experi- homa, people should know about it; if career of experience here on the floor ence. The southerners who were doing the it comes from the tobacco industry, of the Senate. The other scholar is talking were in great shape, because they would talk for two hours and leave the floor people should know it. The people have Robert Dove. Who is Robert Dove? He for a couple of days. a right to understand who is financing was a Parliamentarian in this Cham- the ads they are seeing or who is fi- ber. He spent his time working here Then Arenberg and Dove proceed to nancing the literature they are seeing. from 1966 until 2001. In the chapter of take a look at other cases, including That is part of a transparent and ac- their book entitled ‘‘Bring in the majority leader Robert Byrd’s 1988 ef- countable democracy. Cots,’’ they explained how this works. fort to break a filibuster against cam- We had 59 folks on the floor of the Here are a couple of passages between paign finance reform: Senate say: Yes, we have debated pages 146 and 152 that I thought Senator Alan Simpson frustrated this ef- enough, let’s close debate, and we could summed it up: fort for much of the time, simply by repeat- not get the 60th vote. Not because Those who call for forcing the filibus- edly requesting quorum calls. . . . The bot- tom line is the bill never passed. The minor- there was more to be said, but no one terers to talk either ignore or are un- ity that was blocking the bill was able to among those who were voting for addi- aware of the fact that for a sizable or- sustain their filibuster through a record tional debate would want to be seen de- ganized minority, and certainly for a eight cloture votes. In the end, Majority bating. They didn’t want to be seen de- minority of forty-one senators or more, Leader Byrd had to back down.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8273 In most theory and practice, we can’t and fail to address the issues we should I would like to highlight an impor- sustain a process of having those who address—to weigh in with their Sen- tant aspect of the recovery effort, and are filibustering actually debate what ators and their home States and let all that is addressing the employment and they voted to debate. So what many of the Senators know it is irresponsible workforce crisis following the storm us are proposing is that we change the and unacceptable for us to continue the that has exacerbated the already rule and say that if a Senator votes to current procedures in which we are so chronically high unemployment rates debate, then that takes a minimum of paralyzed and incapable of fulfilling in many of the impacted areas in New 41 saying, yes, we want more debate, the work that needs to be done. York and beyond. and of those 41, at least 1 has to be on Thank you. I note the absence of a The human, infrastructure, and eco- the floor talking. This is only fair to quorum. nomic devastation that Superstorm the American people. They turn on C– The PRESIDING OFFICER. The Sandy inflicted upon New York has SPAN and they see quorum calls. They clerk will call the roll. been crippling and only comparable see silence, and they wonder why the The assistant legislative clerk pro- most recently to the tragedy of the Senate isn’t working on that jobs bill ceeded to call the roll. September 11 terrorist attacks. While they had on the floor a few days before. Mr. REID. Mr. President, I ask unan- it will be months before the economic They don’t know it is still on the floor, imous consent that the order for the impact of Sandy can be fully assessed, but the silent secret filibuster is being quorum call be rescinded. particularly as it relates to the disloca- used to prevent the Senate from pro- The PRESIDING OFFICER (Mr. tion of workers, initial figures clearly ceeding and nobody is even willing to MANCHIN). Without objection, it is so indicate a long economic recovery for talk because they don’t want to be seen ordered. businesses and employees, particularly in public defending their position. That UNANIMOUS CONSENT AGREEMENT—EXECUTIVE given that the most densely populated needs to end. This process in which CALENDAR NOS. 834, 835, AND 877 region of the United States was at the Senators do not have the courage to Mr. REID. Mr. President, I ask unan- center of the storm. In fact, the U.S. come down and make their case before imous consent that at a time to be de- Bureau of Labor Statistics reports that the American people has to end be- termined by the majority leader, after four of the five counties with the high- cause only if folks make their case on consultation with the Republican lead- est number of labor force participants the floor can the public weigh in, can er, the Senate proceed to executive ses- per square mile were among those colleagues weigh in and say: Yes; you sion to consider the following nomina- hardest hit by Sandy. In addition, all are a hero. Thank you for your fili- tions: Calendar Nos. 834, 835, and 877; 26 of the counties designated as major buster because you are defending some that there be 30 minutes for debate disaster areas are among the top 10 core principle I too share or you are de- equally divided in the usual form; that percent of U.S. counties in terms of fending some key interest for my State following the use or yielding back of labor force density, highlighting the that I too care about or they can weigh time, the Senate proceed to vote with- sheer number of workers impacted by in and say: You know what. You are a out intervening action or debate on Sandy. bum. You aren’t making any points. Calendar Nos. 834, 835, and 877, in that Preliminary estimates are that You haven’t described any position. order; that the motions to reconsider You are simply paralyzing the Senate Sandy destroyed 265,000 businesses in be considered made and laid upon the New York State and 189,000 businesses or, worse yet, I disagree with you. You table, with no intervening action or de- are defending big, vast pools of secret in New Jersey, the two hardest hit bate; that no further motions be in States. To put these figures in perspec- funds used to corrupt the American po- order; that any related statements be litical system. Why would you do that? tive, it is estimated that 18,700 busi- printed in the RECORD; that President nesses were impacted by the devasta- Why don’t you, my Senator, join the Obama be immediately notified of the next cloture vote to close debate and tion of Hurricane Katrina in 2005. The Senate’s action and the Senate then re- estimated 265,000 New York businesses get on with solving this problem of sume legislative session. vast pools of secret funds or some other impacted employed approximately 3.8 The PRESIDING OFFICER. Without million workers with over $264 billion key issue. objection, it is so ordered. The Presiding Officer and I have been in annual wages. It is also worth noting UNANIMOUS CONSENT AGREEMENT—H.R. 4310 here just 4 years. Had I not been here that preliminary estimates point to as a young man and seen this Chamber Mr. REID. Mr. President, I ask unan- the fact that 90 percent of the impacted as one that deliberates and decides, I imous consent that at a time to be de- firms are small businesses. Worth not- wouldn’t feel so passionately because I termined by the majority leader, after ing is also the surge in applications for wouldn’t understand what we had lost. consultation with the Republican lead- jobless benefits increasing by 78,000 to What we have lost is something that er, the Senate proceed to the consider- 439,000 in the week of November 10, the started with a constitutional vision of ation of the conference report to ac- highest since April 2011, mostly be- the design of this Senate, including the company H.R. 4310, the Department of cause a large number of applications courtesy of hearing everyone out be- Defense Authorization Act for Fiscal were filed in States damaged by the fore making decisions, and what we Year 2013; and that there be up to 1 storm. Given these staggering num- lost in losing the deliberative, deci- hour of debate equally divided between bers, we can only assume that the re- sionmaking body was everything—ev- the two leaders or their designees prior covery efforts of our impacted busi- erything in terms of this body uphold- to a vote on adoption of the conference nesses and displaced workers will be ing its responsibility to address the big report. long and difficult, demanding invest- problems facing America. The PRESIDING OFFICER. Without ment in government programs that can When we come into session on Janu- objection, it is so ordered. effectively help get businesses back on ary 3, we are going to have a debate CRITICAL JOB PROGRAMS their feet and put people back to work. over rules. There are some who say Mrs. GILLIBRAND. Mr. President, I While all levels of government have let’s get rid of the debate on the mo- would like to engage my colleague, the been very responsive in addressing the tion to proceed, the filibuster on the Senator from Iowa, in a colloquy. immediate emergency needs, it is es- motion to proceed. We know what hap- I would first like to take this oppor- sential to understand the lessons of pens then. We get a double down in the tunity to commend Senator HARKIN, previous catastrophic events when de- paralysis at the later stage at which a Senators Inouye and COCHRAN and the signing and implementing appropriate, bill goes through. At a minimum, we rest of the Members of the Senate Ap- long-term strategies for the impacted must change this dynamic of the secret propriations Committee for crafting a region’s recovery. In particular, busi- silent filibuster and say if a Senator responsible, commonsense and critical ness closures and layoffs resulting from votes for more debate, a Senator must supplemental appropriations bill to the storm’s devastation could prolong make their case on this floor. allow New York, New Jersey, Con- the economic distress Sandy has I encourage citizens around this necticut, and other impacted areas re- caused without a dynamic, immediate, country—citizens who have watched cover from the devastation left by and comprehensive workforce initia- this Chamber decline and be broken Superstorm Sandy. tive to head off these impacts.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8274 CONGRESSIONAL RECORD — SENATE December 20, 2012 It is well recognized that small- and As New York, New Jersey, and the language making this legislation inap- medium-sized business are the back- other impacted areas move forward plicable to Maine, as such language bone of our economy, employing half of with their recovery, I will continue to was unnecessary. Our Senate col- private sector workers and accounting work with Senator GILLIBRAND so that leagues should understand that this for the creation of two out of three new the short- and long-term needs of im- legislation in no way supersedes Sec- jobs in the United States. Immediate pacted workers are addressed. tion 1735. support and stabilization is critical to Ms. COLLINS. Mr. President, I rise Ms. COLLINS. Did my colleague also full recovery of small businesses, today to engage my colleague, Senator consider the unique foundation for the which, as noted, make up about 90 per- TESTER, in a colloquy regarding lan- Maine Indian Claims Settlement Act cent of the 265,000 estimated New York guage he authored in this bill that and the Maine Implementing Act, as firms impacted by Sandy. Business would amend the Robert T. Stafford well as the subsequent acts for the continuation, including keeping the Disaster Relief and Emergency Assist- Houlton Band and the Aroostook Band? doors open while loans, insurance pay- ance Act. This language would author- Mr. TESTER. Yes, I understood that ments and other incentives are real- ize chief executives of federally recog- the Maine Indian Claims Settlement ized, is essential. One Federal invest- nized tribes to submit a request for a Act and the Maine Implementing Act ment worthy of consideration is tem- major disaster or emergency declara- constitute statutory settlement docu- porary employment support, which will tion directly to the President of the ments. Therefore, our colleagues help maintain both business operations United States. should understand that the current leg- and help prevent the loss of jobs The principal effect of this language through the recovery, reducing the islation respects the intent of the par- would be to eliminate the current re- ties to Maine’s historic and complex need for unemployment and other Fed- quirement that tribal chief executives eral benefits. settlement and does not in any way submit such requests to the Governor disturb the settlement agreement or In addition to Federal investment in of the State in which the tribal res- workforce retention programs, rapid the statutory construct on which that ervation is located; tribal chief execu- response in identifying and servicing settlement rests. tives would be permitted to submit impacted businesses and unemployed The intent of this legislation is to such requests to the President without workers is required. As recovery efforts improve communication, response first obtaining the Governor’s ap- move forward, Federal, State, and local times, and recovery of disasters in In- proval. authorities should look for ways to in- dian Country while better respecting The tribes of Maine—the Penobscot, vest in and partner with the extensive tribal sovereignty. I understand that the Passamaquoddy, the Houlton Band networks of community-based organi- tribes in Maine have a unique relation- of Maliseet Indians, and the Aroostook zations, economic development groups, ship with the State of Maine and noth- Band of Micmacs—have a jurisdictional as well as organized labor and affili- ing in this Act should be interpreted to relationships with the State of Maine ated management to deliver workforce change or degrade that relationship. which is unique among the 50 States. development services, including out- This legislation, if enacted into law, Although, based on my analysis, this reach for job opportunities, job train- would in no way change the relation- language would not in any way affect ing, and placement for in-demand occu- ship between the State of Maine and the relationship between the State of pations and other related reemploy- the tribes of Maine. That means that, Maine and the tribes of Maine, to make ment activities. even after the enactment of this legis- this clear, I would like to pose some For example, the Consortium for lation, if any of the tribes of Maine questions to the Senator regarding the Worker Education, CWE, a nonprofit wished to obtain a declaration from the intent of the language. agency specializing in workforce prepa- President that a major disaster ex- The jurisdictional relationship be- ration, industry specific training, and isted, they would have to bring their tween the tribes of Maine and the employment services has partnered in request to the Governor of Maine, who State of Maine is set forth in the Maine the past with all levels of government would have to consider the request in Indian Claims Settlement Act and the and other community based organiza- accordance with existing standards and Maine Implementing Act, the latter tions to deliver job placement services procedures but who would retain the having been enacted by the Maine and temporary employment support discretion to deny that request. programs to ensure worker retention in State Legislature and ratified and ap- proved by Congress when it enacted the Ms. COLLINS. I appreciate the time the aftermath of disasters. Their ef- and attention of my colleague from forts alone have helped train and put Maine Indian Claims Settlement Act. If the language the Senator authored Montana, Senator TESTER, regarding back to work thousands of people dur- the intent of this language, as well as ing similar workforce crisis situations was to be enacted into law, would this in any way change the relationship of the care that he took in crafting this as New York finds itself in now fol- legislation. lowing Sandy. the State of Maine and the tribes of By investing in innovative programs Maine? Mr. REID. Mr. President, I suggest like CWE’s, workforce recovery efforts Mr. TESTER. No. I understand that the absence of a quorum. will more effectively take into account the Maine Indian Claims Settlement The PRESIDING OFFICER. The the unique needs of each impacted area Act not only recognized the uniqueness clerk will call the roll. and deliver tailored services to im- and significance of that jurisdictional The legislative clerk proceeded to pacted businesses and displaced work- arrangement but specifically provided call the roll. ers alike. that, following the enactment of the Mr. DURBIN. Mr. President, I ask Mr HARKIN. Mr. President, let me Settlement Act, no future congres- unanimous consent that the order for commend the Senator from New York sional legislation would in any way the quorum call be rescinded. for highlighting the critical employ- alter or affect that arrangement unless The PRESIDING OFFICER (Mr. ment and workforce needs in the areas Congress specifically so provided. This MERKLEY). Without objection, it is so impacted by Superstorm Sandy. Now requirement is set forth in Title 25, ordered. more than ever, Congress must give Section 1735, of the United States Code. our States and localities that have Ms. COLLINS. Did the Senator take f been hard hit by Sandy the tools and Section 1735 into account in his draft- resources that help dislocated workers ing of this legislation? MORNING BUSINESS return to their jobs or, if necessary, Mr. TESTER. Yes. I understood that, find new, good-paying employment. given the requirement that Section Mr. DURBIN. Mr. President, I ask The supplemental appropriations for 1735 imposed on Congress, this provi- unanimous consent that the Senate disaster assistance bill’s funding for sion would not and should not apply proceed to a period of morning busi- dislocated workers is just one step in within or to the State of Maine unless ness, with Senators permitted to speak the recovery process, but an important Congress specifically so provided. for up to 10 minutes each. one to help workers get back on their Knowing that Section 1735 operated to The PRESIDING OFFICER. Without feet. that effect, I did not include specific objection, it is so ordered.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8275 TRIBUTE TO SHERIFF MEARL for years in a three-bedroom apartment oriented public official. He is going to JUSTUS above the county jail. He said he fig- be remembered for that and so much Mr. DURBIN. Mr. President, my ured that is where he was needed. At more. Mearl Justus made St. Clair home county of St. Clair, IL, lost a first, the couple found the routine cell County not just a safer place but a bet- dedicated public servant this week. checks a little disturbing, but they ter place. I am honored to have known Mearl Justus—aptly named ‘‘justice’’— grew fond of their living arrangement him. He was a fun person to be around, passed away Tuesday at the age of 81. and even raised a granddaughter in but you knew that when it came to his He had retired only 1 week earlier after their apartment. job, he took it very, very seriously. serving eight terms as St. Clair County Over the course of his six decades of My wife Loretta and I send our con- sheriff. public service, Mearl Justus estab- dolences to his wife Audrey, his daugh- Mearl Justus was a legend. He was lished several programs for local ters Kay and Debra; and his three funny, he was innovative, and he was a schools, including Stranger Danger granddaughters and three great-grand- creative thinker who was always look- awareness training. He also introduced children. ing for new and better ways to run his the D.A.R.E. Program in the St. Clair f department. Above all, he was deeply schools long before others had it. RETIREMENT OF ILLINOIS STATE dedicated to the people he served in the Sheriff Justus’s success and dedica- SENATOR JEFFREY M. county. tion were widely admired by his peers, SCHOENBERG An editorial in the Belleville News- who elected him president of the Illi- Mr. DURBIN. Mr. President, I rise Democrat described him as ‘‘a 6 feet 2 nois Sheriffs’ Association. He was also today to honor my friend, Illinois inch teddy bear with a sailor’s vocabu- chairman of the board of his region’s Major Case Squad. State Senator Jeff Schoenberg, on his lary and a hero’s heart. He was gruff. more than two decades of service in the He was endearing. He was a champion, In recent years Sheriff Justus led ef- forts to combat crime and vandalism Illinois General Assembly. rescuing us from the bad guys for 60 Jeff was elected to the Illinois House years.’’ What an epitaph. on MetroLink trains, the county’s light rail transit system, making the in 1990 at the age of 30. He served six He got off to a rocky start in life. He terms there before being elected to the was 19 months old when his dad died, system safer for those who depend on it. That is where I came to know him. Illinois Senate in 2003, where he rose and he was raised by his grandparents. through the ranks, serving as assistant You see, this MetroLink is a light rail He was a high school dropout in 1953 majority leader, chairman on the Com- train service that has been one of the when the mayor of Cahokia, IL, sug- mission on Government Forecasting most popular things that has happened gested he join the local police force. and Accountability, and vice chairman in that region. I grew up in that region. That is how the aptly named Mr. of the Appropriations Committee. More I used to kid my friends from St. Louis Justus began his nearly 60-year-long importantly, Jeff Schoenberg has been that I grew up in a suburb known as career in law enforcement. a dedicated public servant to his con- East St. Louis, and they all laughed be- He started as a part-time officer in stituents in Evanston and to the people cause nobody considers Illinois to be the Cahokia Police Department. He of Illinois for 22 years. earned his GED and went on to earn an part of St. Louis. During his time in the Illinois Gen- associate’s degree at Southwestern Illi- Well, it turned out that station in eral Assembly, Jeff sponsored a bill nois College in Belleville and then East St. Louis for MetroLink was a that would provide better access to earned a bachelor’s degree in criminal critical part of the political agreement quality health care and give consumers justice. He advanced quickly up the that led to the creation of this impor- the opportunity to make better choices ranks and served as Cahokia’s police tant light rail system. But we had a for their health. He also secured more chief for 22 years. He ran for sheriff of problem. East St. Louis has been noto- than $5 billion in Federal funds for St. Clair County in 1983 and won—his riously dangerous for years, and there safety net hospitals such as Mount first run for elective office. He would was a question: How in the world could Sinai, Mercy, and Holy Cross. be reelected seven times, never losing we expect anybody to wait at the train Jeff Schoenberg supported the Illi- an election, and nobody came close. station with all the dangerous street nois Safe Choice Zones Act, which Sheriff Justus loved his job and loved crime in East St. Louis? helped pave the way for Illinois’ pio- having fun. One of the most legendary Mearl Justus stepped up. His St. neering work in stem cell research, and tales of his years as sheriff was when Clair County Sheriff’s Department pro- insisted on greater accountability and he sent notices to several hundred fugi- vided the protection that was needed to oversight at the Illinois State Toll tives from justice telling them they establish that MetroLink station in my Highway Authority. had won a free pair of sneakers from hometown of East St. Louis and to give A father of two himself, Jeff was crit- the fictional Nabbir Shoestore. When people the peace of mind that if they ical to the passage of a measure allow- the scofflaws turned up to claim their wanted to board or leave a train or ing schools to keep and administer epi- sneakers, the sheriff’s department park their car there, there would al- nephrine for anaphylactic shock fol- locked them up. The department made ways be reliable law enforcement. lowing the death of a 13-year-old girl over 50 arrests that day and 1 the next Mearl Justus showed the way for many from Chicago who had an allergic reac- despite the fact that the prior day’s ar- of us when we couldn’t think of how to tion to peanut oil while at school. rests had been widely reported in the resolve this quandary. That is the kind Jeff also understood foreign policy news. of problemsolver he was. issues, including support for legislation He closed up shop with a sign that Mearl Justus had an amazing sense of to divest State pension funds from for- read: ‘‘Closed. Catch ya next time.’’ He humor. For many years, his own Web eign countries doing business with Iran once explained to a reporter, ‘‘In this site featured the sheriff wearing a som- and drawing attention to the genocide business, to keep from going off the brero and a boast that any local event in Cambodia. Jeff visited Cambodia deep end, you need that humor.’’ featuring Mearl Justus as the master last month as part of a delegation rep- Mearl Justus didn’t drink or smoke of ceremonies would draw twice as resenting the U.S. Holocaust Memorial and rarely carried a gun because he many people. Museum. said it was bulky and ‘‘it tears my He cared deeply about the people. He Incoming State Senator Daniel Biss clothes up.’’ hosted ‘‘Slumber in the Slammer’’ will have large shoes to fill given how He sold advertising space on patrol fundraisers for a women’s crisis center, well Jeff has served the Illinois Sen- cars and put public service announce- allowing people to sleep in the jail in ate’s Ninth District. Since the outset ments on their fenders. He provided jail exchange for a donation to the local of his political career, Jeff has been in- inmates with a garden to grow vegeta- crisis center. He once arranged cata- spired by the likes of Congressman and bles. The prisoners grew their produce ract surgery for a woman whose sav- Federal Judge Abner Mikva and U.S. and gave any extra to local nursing ings had been stolen. Senator PAUL SIMON, for whom he and homes. He said he looked forward to coming I both worked. Sheriff Justus was so dedicated to his to work every day and wanted people Jeff’s dedication to service now takes work that he and his wife Audrey lived to think of him as an honest, people- on a new focus in improving the lives

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8276 CONGRESSIONAL RECORD — SENATE December 20, 2012 of children and families through an ex- many happy memories of State fair Lake Michigan—600-plus tons every panded role advising the J.B. and M.K. parties at the Rednour home during year since 1953. That is their record. Pritzker Family Foundation on its our trips to the Du Quoin State Fair. What does that do to Lake Michigan? philanthropic endeavors. His approach Loretta and I have been regular visi- In the 59 years the S.S. Badger has to this work is made clear by some- tors to Rednour’s home and have warm been in operation, it has discharged a thing he said just last year: memories of staying overnight after conservative estimate of 35,400 tons of My position in the Senate is only one the fair party and having Wanda greet coal ash into Lake Michigan. That is point of entry into public service. us at breakfast with her so-called enough to coat the entire floor of Lake As Jeff moves into his new role, I can Texas pancakes—and they could fit in Michigan with a layer of ash 21⁄2 inches only say to him: Thanks for being my the State of Texas. thick. friend and my ally in so many good As a labor leader, businessman, A recent article in the Chicago Trib- causes. While you may be retiring from mayor, husband, and father, John une did a comparison of the amount of the Illinois State Senate, your con- Rednour has contributed enormously coal ash discharged from the Badger to stituents and I know that you will to Du Quoin, downstate Illinois, and to the dry cargo residue discharged by all never retire from working for the pub- our entire State and Nation. While his other vessels operating on Lake Michi- lic good. day-to-day presence in city hall is gan. Here is what they found: Thanks to Jeff Schoenberg and his going to be missed, residents of Du Fifty U.S. ships and 70 Canadian family for all they have given to our Quoin can take comfort in knowing ships on Lake Michigan are responsible State. that John Rednour’s leadership is still for a combined total of 89 tons of solid f in their community, with a strong waste dumped every year. That is 120 foundation and a bright future. ships, 89 tons in a year. The Badger by MAYOR JOHN REDNOUR In addition to three children, John itself is responsible for almost 6 times Mr. DURBIN. Mr. President, I wish to and Wanda are blessed with five grand- more waste than these 120 vessel com- take a moment to wish Mayor John children and five great-grandchildren, bined, even when using the most con- Rednour of Du Quoin, IL, a happy 78th who I am sure are going to be glad to servative estimate of what the Badger birthday and to thank him as he pre- have more time with John and Wanda dumps overboard during the course of a pares to retire after so many great now. summer. years of public service to his town and I thank John for his many years of Yesterday the EPA vessel general Illinois. distinguished public service. Loretta permit that has enabled the coal-fired John Rednour, known to most people and I wish him and his family all the car ferry S.S. Badger to discharge coal as simply Rednour, has served as best in retirement. We look forward to ash into Lake Michigan expired. The mayor of Du Quoin since 1989. Public many more stories and more pancakes owner of the Badger insists that the service was his third career. He started in the years to come. coal ash is basically just sand. We work as an ironworker, a member of f know better. the United Ironworkers. He worked on Scientists are concerned about coal projects in St. Louis and in Chicago THE S.S. BADGER ash because it contains such things as and served as site superintendent dur- Mr. DURBIN. Mr. President, arsenic, lead, and mercury. Once in the ing construction of the U.S. Federal Chicagoans were asked in a recent poll lake, these chemicals enter the food penitentiary in Marion. to identify the one asset in the city of chain through the water we drink and In 1970 John moved to Du Quoin with Chicago that meant the most to them. the fish we eat, and then they accumu- his wife Wanda and three kids. In the The overwhelming vote was for Lake late in our bodies and are associated early 1980s John began his second ca- Michigan—not surprising. with cancer and reproductive and neu- reer when he and some local share- Lake Michigan is the primary source rological damage. We know how dan- holders took control of the Du Quoin of drinking water for more than 10 mil- gerous mercury contamination in fish State Bank, converting it into a com- lion people—not just in my State of Il- is to human health. munity bank that served downstate Il- linois but in Wisconsin, Indiana, and Well, it is time for the S.S. Badger to linois. Today the bank stands as one of Michigan. It supports a multibillion- stop adding to the problem and either the strongest in our State, and John dollar fishing industry that is impor- clean up its operation or close it down. remains the bank’s chairman. tant to local economies. And it is beau- If the Badger’s owners had only re- But it was John Rednour’s work as tiful. It is a recreational asset for cently realized that dumping coal ash mayor of Du Quoin that really distin- swimming, kayaking, boating, or just was a problem, it might be OK to cut guished his public service. In his 23 taking a walk along the beach. It is a them some slack. But the Badger’s years as mayor, he focused on bal- gorgeous lake. owners have a long history of avoiding ancing the city’s budget and investing I always look forward to getting up the steps needed to clean up their act. in its infrastructure. His legacy to Du to Chicago. We have a condo that over- Most other vessels of the Great Quoin includes construction of the looks Lake Michigan that I consider to Lakes converted from coal to diesel Poplar Street overpass—a major thor- be a great place to sit and just look at fuel before the Badger made its first oughfare for travel on Highway 51 this beautiful lake and what happens voyage. In 2008, when conversion to a through southern Illinois—improved on it, whether I am drinking a cup of new fuel was way overdue, the Bush ad- water service and the development of coffee in the morning with my wife or ministration granted the ferry a waiver an industrial park. He managed to do a glass of wine in the evening. to continue dumping coal ash through all of this with a balanced budget, cre- But, unfortunately, the health of our 2012. That was 5 years too many of ating new opportunities for his commu- great Lake Michigan is threatened toxic dumping by this boat, but to nity even in tough times. every summer when a coal-burning make matters worse, the Badger’s own- He is a member of the five-person Il- ferry boat dumps tons of coal ash into ers still have not made any reasonable linois State Police Merit Board and a the lake every day, all summer long. efforts to stop dumping coal ash in the proud Democrat, I might add, but he Meet the S.S. Badger. Many people lake. knows there are some things that need have fond memories of this boat, the Now they are attempting to persuade to be done on a bipartisan basis. He has S.S. Badger, steaming from its home- the EPA to give them just 5 more years made it his habit to meet with the Du port of Ludington, MI, to Manitowac, to take a look at this problem. After I Quoin city council members and of- WI, every summer. But they need to be came out in opposition to this 5-year fered to take advice from each and reminded of one thing: The S.S. Badger extension, the Badger’s owner asked to every one of them. He told them to al- is the last coal-fired ferry in the United meet me in my office. I, of course, ways vote for what is good for Du States, and there is a reason it is the agreed. He said he was applying for an Quoin. last one. EPA permit to continue dumping coal Loretta and I consider ourselves Every year, based on the estimates ash while he looks for ways to convert lucky to count John and Wanda given to us by the company, this boat the Badger to run on liquefied natural Rednour among our friends. We have dumps 600-plus tons of coal ash into gas. He wanted to make the Badger, he

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8277 said, the greenest vessel on the Great tration (‘‘FDA’’ or ‘‘the Agency’’) for the ize the minutes either to reflect the resolu- Lakes. What a great idea, I thought. medical device user fee program in the Med- tion of the issue or note that this issue re- But it turns out it isn’t even close to ical Device User Fee Amendments of 2012, mains a point of disagreement. are summarized below. FDA intends that feedback the Agency being realistic. FDA and the industry are committed to Today there are few suppliers of liq- provides in a Pre-Submission will not protecting and promoting public health by change, provided that the information sub- uefied natural gas in the area. There providing timely access to safe and effective mitted in a future investigational device ex- are no shipyards in the United States medical devices. Nothing in this letter pre- emption (IDE) or marketing application is that are qualified to convert passenger cludes the Agency from protecting the public consistent with that provided in the Pre- vessels to run on liquefied natural gas. health by exercising its authority to provide Submission and that the data in the future And it would take close to $50 million a reasonable assurance of the safety and ef- submission do not raise any important new just to develop the infrastructure on fectiveness of medical devices. Both FDA issues materially affecting safety or effec- and the industry are committed to the spirit the land needed to transport fuel to the tiveness. Modifications to FDA’s feedback and intent of the goals described in this let- will be limited to situations in which FDA dock for the Badger. ter. One day, all the boats on Great concludes that the feedback does not ade- I. PROCESS IMPROVEMENTS quately address important new issues mate- Lakes might be powered by natural A. Pre-Submissions rially relevant to a determination of safety gas, but that isn’t a realistic plan right FDA will institute a structured process for or effectiveness. Such a determination will now or within the next few years. It is managing Pre-Submissions. Pre-Submissions be supported by the appropriate management just another delaying tactic from the subject to this process are defined in Section concurrence consistent with applicable guid- owners of the S.S. Badger. These own- VIII, Definitions and Explanations of Terms. ance and SOPs. ers were given a deadline to convert The Agency will continue to improve the B. Submission Acceptance Criteria the ship’s fuel or dispose of the ash in Pre-Submission process as resources permit, To facilitate a more efficient and timely a responsible way 5 years ago. The but not to the detriment of meeting the review process, FDA will implement revised Badger has blatantly avoided com- quantitative review timelines and statutory submission acceptance criteria. The Agency obligations. FDA will issue a draft guidance will publish guidance outlining electronic plying with these EPA regulations. document and final guidance document on There has been an effort in the House copy of submissions (e-Copy) and objective Pre-Submissions. criteria for revised ‘‘refuse to accept/refuse of Representatives to provide a special Upon receipt of a Pre-Submission that re- to file’’ checklists. FDA will publish draft quests feedback through a meeting or tele- exemption for this filthy boat on Lake and final guidance prior to implementation. Michigan forever. They want them de- conference, FDA intends to schedule the C. Interactive Review clared some sort of a national historic meeting or teleconference to occur within a monument or something and say that timely manner. In the Pre-Submission, the The Agency will continue to incorporate applicant will provide at least three sug- an interactive review process to provide for, it shouldn’t be governed by environ- gested dates and times when the applicant is and encourage, informal communication be- mental regulations. available to meet. tween FDA and applicants to facilitate time- These are Congressmen whose dis- It is FDA’s intent that within 14 calendar ly completion of the review process based on tricts are on Lake Michigan. I have to days of receipt of a request for a meeting or accurate and complete information. Inter- ask them, what do you think about the teleconference, FDA will determine if the re- active review entails responsibilities for lake and its future, when this boat is quest meets the definition of a Pre-Submis- both FDA and applicants. As described in the responsible for six times the solid sion, and will inform the applicant if it does guidance document, Interactive Review for waste of all the other ships that use not meet the definition. FDA will also deter- Medical Device Submissions: 510(k)s, Original mine if the request necessitates more than Lake Michigan in commerce on an an- [Premarket Approvals] PMAs, PMA Supple- one meeting or teleconference. A determina- ments, Original BLAs, and BLA Supplements, nual basis? Six times. That to me is a tion that the request does not meet the defi- both FDA and industry believe that an inter- horrible thing to continue. nition of a Pre-Submission will require the active review process for these types of pre- They have had plenty of time to concurrence of the branch chief and the rea- market medical device submissions should clean up their act and they failed. Now son for this determination will be provided help facilitate timely completion of the re- we have to get serious. I am hoping the to the applicant. If the request meets the view based on accurate and complete infor- EPA decides very quickly that it is definition of a Pre-Submission, FDA and the mation. Interactive review is intended to fa- time to end the coal-fired ferry tradi- applicant will set a mutually agreeable time cilitate the efficient and timely review and and date for the meeting. evaluation by FDA of premarket submis- tion of the S.S. Badger. This is a vessel At least 3 business days prior to the meet- that generates and dumps 5 tons of coal sions. The interactive review process con- ing, FDA will provide initial feedback to the templates increased informal interaction be- ash laced with mercury, lead, and ar- applicant by email, which will include: writ- tween FDA and applicants, including the ex- senic into Lake Michigan every single ten responses to the applicant’s questions; change of scientific and regulatory informa- day. This great lake cannot take any FDA’s suggestions for additional topics for tion. the meeting or teleconference, if applicable; more toxic dumping, no matter how D. Guidance Document Development historic or quaint the source may be. or, a combination of both. If all of the appli- cant’s questions are addressed through writ- FDA will apply user fee revenues to supple- f ten responses, to the applicant’s satisfaction, ment the improvement of the process of de- LETTERS FROM THE SECRETARY FDA and the applicant can agree that a veloping, reviewing, tracking, issuing, and OF HEALTH AND HUMAN SERV- meeting or teleconference is no longer nec- updating guidance documents. The Agency ICES RE: MEDICAL DEVICE USER essary and the written responses provided by will continue to develop guidance documents FEE PROGRAM email will be considered the final written and improve the Guidance Development feedback to the Pre-Submission. process as resources permit, but not to the Mr. HARKIN. Mr. President, I ask Meetings and teleconferences related to detriment of meeting the quantitative re- unanimous consent that, pursuant to Pre-Submission will generally be limited to 1 view timelines and statutory obligations. Public Law 112–144, the Food and Drug hour. A longer meeting or teleconference FDA will update its website in a timely Administration Safety and Innovation time can be scheduled by mutual agreement manner to reflect the following: Act, the following letters from the Sec- by the applicant and FDA. 1. The Agency’s review of previously pub- Applicants will be responsible for devel- lished device guidance documents, including retary of Health and Human Services oping draft minutes for a Pre-Submission the deletion of guidance documents that no to the Chairman of the Committee on meeting or teleconference, and provide the longer represent the Agency’s interpretation Health, Education, Labor, and Pen- draft minutes via email to FDA within 15 of, or policy on, a regulatory issue, and nota- sions of the Senate and the Chairman calendar days of the meeting. The minutes tion of guidance documents that are under of the Committee on Energy and Com- will summarize the meeting discussions and review by the Agency; merce of the House of Representatives include agreements and any action items. 2. A list of prioritized device guidance doc- FDA will provide any edits to the draft min- be printed into the RECORD. uments (an ‘‘A-list’’) that the Agency in- There being no objection, the mate- utes to the applicant via email within a tends to publish within 12 months of the date timely manner. These minutes will become this list is published each fiscal year; and rial was ordered to be printed in the final 15 calendar days after the applicant re- 3. A list of device guidance documents (a RECORD, as follows: ceives FDA’s edits, unless the applicant indi- ‘‘B-list’’) that the Agency intends to publish, MDUFA PERFORMANCE GOALS AND cates that there is a disagreement with how as the Agency’s guidance-development re- PROCEDURES a significant issue or action item has been sources permit each fiscal year. The performance goals and procedures documented. In this case, within a timely The Agency will establish a process allow- agreed to by the Center for Devices and Ra- manner, the applicant and FDA will conduct ing stakeholders an opportunity to: diological Health (CDRH) and the Center for a teleconference to discuss that issue with 1. Provide meaningful comments and/or Biologics Evaluation and Research (CBER) FDA. At the conclusion of that teleconfer- propose draft language for proposed guidance of the United States Food and Drug Adminis- ence, within a timely manner FDA will final- topics in the ‘‘A’’ and ‘‘B’’ lists.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8278 CONGRESSIONAL RECORD — SENATE December 20, 2012 2. Provide suggestions for new or different filing status within 45 calendar days of re- of completion for each party to complete guidance documents; and ceipt of the application. their respective tasks. Issues should be re- 3. Comment on the relative priority of top- For those applications that are not filed, solved through interactive review. If all of ics for guidance. FDA will communicate to the applicant the the outstanding issues are adequately pre- E. Third Party Review specific reasons for rejection and the infor- sented through written correspondence, FDA The Agency will continue to support the mation necessary for filing. and the applicant can agree that a meeting third party review program and agrees to If the application is filed, FDA will com- or teleconference is not necessary. work with interested parties to strengthen municate with the applicant through a Sub- In addition, information about submissions and improve the current program while also stantive Interaction within 90 calendar days that miss the FDA Day goal will be provided establishing new procedures to improve of the filing date of the application for: 65% as part of FDA’s Performance Reports, as de- transparency. The Agency will continue to of submissions received in FY 2013; 75% of scribed in Section VI. improve the third party review program as submissions received in FY 2014; 85% of sub- B. 180-Day PMA Supplements missions received in FY 2015; and 95% of sub- resources permit, but not to the detriment of FDA will communicate with the applicant missions received in FY 2016 through FY meeting the quantitative review timelines through a Substantive Interaction within 90 2017. and statutory obligations. calendar days of receipt of the submission When FDA issues a major deficiency letter, for: 65% of submissions received in FY 2013; F. Patient Safety and Risk Tolerance that letter will be based upon a complete re- 75% of submissions received in FY 2014; 85% FDA will fully implement final guidance view of the application and will include all of submissions received in FY 2015; and 95% on the factors to consider when making ben- deficiencies. Any subsequent deficiencies of submissions received in FY 2016 through efit-risk determinations in medical device will be limited to issues raised by the infor- FY 2017. premarket review. This guidance will focus mation provided by the applicant in its re- FDA will issue a MDUFA decision within on factors to consider in the premarket re- sponse, unless FDA concludes that the ini- 180 FDA Days for: 85% of submissions re- view process, including patient tolerance for tial deficiencies identified do not adequately ceived in FY 2013; 90% of submissions re- risk, magnitude of the benefit, and the avail- address important new issues materially rel- ceived in FY 2014 and FY 2015; and 95% of ability of other treatments or diagnostic evant to a determination of safety or effec- submissions received in FY 2016 through FY tests. tiveness. Such a determination will be sup- 2017. Over the period of MDUFA III, FDA will ported by the appropriate management con- meet with patient groups to better under- currence consistent with applicable guidance C. Real-Time PMA Supplements stand and characterize the patient perspec- and SOPs. Issues related to post-approval FDA will issue a MDUFA decision within tive on disease severity or unmet medical studies, if applicable, and revisions to draft 90 FDA Days for: 90% of submissions received need. labeling will typically be addressed through in FY 2013 and FY 2014; and 95% of submis- In addition, FDA will increase its utiliza- interactive review once major deficiencies sions received in FY 2015 through FY 2017. tion of FDA’s Patient Representatives as have been adequately addressed. D. 510(k) Submissions Special Government Employee consultants For submissions that do not require Advi- FDA will communicate with the applicant to CDRH to provide patients’ views early in sory Committee input, FDA will issue a regarding whether the submission has been the medical product development process MDUFA decision within 180 FDA Days for: accepted for review within 15 calendar days and ensure those perspectives are considered 70% of submissions received in FY 2013; 80% of receipt of the submission. For those sub- in regulatory discussions. Applicable proce- of submissions received in FY 2014 and FY missions that are not accepted for review, dures governing conflicts of interest and con- 2015; and 90% of submissions received in FY FDA will notify the applicant of those items fidentiality of proprietary information will 2016 and FY 2017. necessary for the submission to be consid- be utilized for these consultations. For submissions that require Advisory ered accepted. G. Low Risk Medical Device Exemptions Committee input, FDA will issue a MDUFA This communication includes a fax, email, By the end of FY 2013, FDA will propose decision within 320 FDA Days for: 50% of sub- or other written communication that a) additional low risk medical devices to ex- missions received in FY 2013; 70% of submis- identifies the reviewer assigned to the sub- empt from premarket notification. Within sions received in FY 2014; 80% of submissions mission, and b) acknowledges acceptance/re- two years of such proposal, FDA intends to received in FY 2015 and FY 2016; and 90% of jection of the submission based upon the re- issue a final rule exempting additional low submissions received in FY 2017. view of the submission against objective ac- risk medical devices from premarket notifi- If in any one fiscal year, the number of ceptance criteria outlined in a published cation. submissions that require Advisory Com- guidance document. This communication H. Emerging Diagnostics mittee input is less than 10, then it is accept- represents a preliminary review of the sub- able to combine such submissions with the FDA will work with industry to develop a mission and is not indicative of deficiencies submissions for the following year(s) in order transitional In Vitro Diagnostics (IVD) ap- that may be identified later in the review to form a cohort of 10 or more submissions, proach for the regulation of emerging cycle. upon which the combined years’ submissions diagnostics. FDA will communicate with the applicant will be subject to the performance goal for through a Substantive Interaction within 60 II. REVIEW PERFORMANCE GOALS—FISCAL the fiscal year in question. If the number of calendar days of receipt of the submission YEARS 2013 THROUGH 2017 AS APPLIED TO RE- submissions that require Advisory Com- for: 65% of submissions received in FY 2013; CEIPT COHORTS mittee input is less than 10 for FY 2017, it is 75% of submissions received in FY 2014; 85% The overall objective of the review per- acceptable to combine such submissions with of submissions received in FY 2015; and 95% formance goals stated herein is to assure the submissions in the prior year in order to of submissions received in FY 2016 through more timely access to safe and effective form a cohort of 10 or more submissions; in FY 2017. medical devices. such cases, FDA will be held to the FY 2017 Deficiencies identified in a Substantive A. Original Premarket Approval (PMA), Panel- performance goal for the combined years’ Interaction, such as a telephone/email hold Track Supplements, and Premarket Report submissions. or Additional Information Letter, will be Applications To facilitate an efficient review prior to based upon a complete review of the submis- The performance goals in this section the Substantive Interaction, and to sion and will include all deficiencies. Any apply to all Original Premarket Approval, incentivize submission of a complete applica- subsequent deficiencies will be limited to Panel-Track Supplements, and Premarket tion, submission of an unsolicited major issues raised by the information provided by Report Applications, including those that amendment prior to the Substantive Inter- the applicant in its response, unless FDA are accepted for priority review (previously action extends the FDA Day review clock by concludes that the initial deficiencies identi- referred to as expedited). the number of FDA Days that have elapsed. fied do not adequately address important FDA will communicate with the applicant Submission of an unsolicited major amend- new issues materially relevant to a deter- regarding whether the application has been ment after the Substantive Interaction ex- mination of substantial equivalence. Such a accepted for filing review within 15 calendar tends the FDA Day goal by the number of determination will be supported by the ap- days of receipt of the application. This com- FDA Days equal to 75% of the difference be- propriate management concurrence con- munication consists of a fax, email, or other tween the filing date and the date of receipt sistent with applicable guidance and SOPs. written communication that (a) identifies of the amendment. For submissions received in FY 2013, FDA the reviewer assigned to the submission, and For all PMA submissions that do not reach will issue a MDUFA decision for 91% of (b) acknowledges acceptance/rejection of the a MDUFA decision by 20 days after the appli- 510(k) submissions within 90 FDA Days. submission based upon the review of the sub- cable FDA Day goal, FDA will provide writ- For submissions received in FY 2014, FDA mission against objective acceptance criteria ten feedback to the applicant to be discussed will issue a MDUFA decision for 93% of outlined in a published guidance document. in a meeting or teleconference, including all 510(k) submissions within 90 FDA Days. If the application is not accepted for filing outstanding issues with the application pre- For submissions received in FY 2015 review, FDA will notify the applicant of venting FDA from reaching a decision. The through FY 2017, FDA will issue a MDUFA those items necessary for the application to information provided will reflect appropriate decision for 95% of 510(k) submissions within be considered accepted for filing review. management input and approval, and will in- 90 FDA Days. For those applications that are accepted clude action items for FDA and/or the appli- For all 510(k) submissions that do not for filing review, FDA will communicate the cant, as appropriate, with an estimated date reach a MDUFA decision within 100 FDA

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8279 Days, FDA will provide written feedback to missions, provided that the total funding of 4) Specialized training to provide contin- the applicant to be discussed in a meeting or the device review program adheres to the as- uous learning for all staff. teleconference, including all outstanding sumptions underlying this agreement. FDA C. Tracking System issues with the application preventing FDA and applicants share the responsibility for FDA will continue efforts to improve its IT from reaching a decision. The information achieving this objective of reducing the aver- systems with a future expectation of facili- provided will reflect appropriate manage- age Total Time to Decision, while maintain- tating availability of real-time status infor- ment input and approval, and will include ing standards for safety and effectiveness. mation for submissions. action items for FDA and/or the applicant, Success of this program will require the co- V. INDEPENDENT ASSESSMENT OF REVIEW as appropriate, with an estimated date of operation and dedicated efforts of FDA and PROCESS MANAGEMENT completion for each party to complete their applicants to reduce their respective por- FDA and the device industry will partici- respective tasks. Issues should be resolved tions of the total time to decision. pate in a comprehensive assessment of the through interactive review. If all of the out- FDA will be reporting total time perform- process for the review of device applications. standing issues are adequately presented ance quarterly as described in Section VI. The assessment will include consultation through written correspondence, FDA and FDA and industry will participate in the with both FDA and industry. The assessment the applicant can agree that a meeting or independent assessment of progress toward shall be conducted in two phases under con- teleconference is not necessary. this outcome, as described in Section V tract to FDA by a private, independent con- In addition, information about submissions above. As appropriate, key findings and rec- sulting firm capable of performing the tech- that miss the FDA Day goal will be provided ommendations from this assessment will be nical analysis, management assessment, and as part of FDA’s Performance Reports, as de- implemented by FDA. program evaluation tasks required to ad- scribed in Section VI. A. PMA dress the assessment scope described below. E. Clinical Laboratory Improvement Amend- Beginning in Fiscal Year 2013, FDA will re- For Phase 1, FDA will award the contract no ments (CLIA) Waiver by Application port on an annual basis the average Total later than the end of the second quarter of FDA will engage in a Substantive Inter- Time to Decision as defined in Section FY13. Findings on high-priority rec- action with the applicant within 90 days for VIII.G for the three most recent closed re- ommendations (i.e., those likely to have a 95% of the applications. ceipt cohorts. For submissions received be- significant impact on review times) will be During the pre-submission process, if the ginning in Fiscal Year 2013, the average published within six months of award; final applicant informs FDA that it plans to sub- Total Time to Decision goal for FDA and in- comprehensive findings and recommenda- mit a dual submission (510(k) and CLIA dustry is 395 calendar days. For submissions tions will be published within 1 year of con- Waiver application), FDA will issue a deci- received beginning in Fiscal Year 2015, the tract award. FDA will publish an implemen- sion for 90% of such applications within 210 average Total Time to Decision goal for FDA tation plan within 6 months of receipt of FDA days. and industry is 390 calendar days. For sub- each set of recommendations. For Phase 2 of For ‘‘CLIA Waiver by application’’ submis- missions received beginning in Fiscal Year the independent assessment, the contractor sions FDA will issue a MDUFA decision for 2017, the average Total Time to Decision goal will evaluate the implementation of rec- 95% of the applications that do not require for FDA and industry is 385 calendar days. ommendations and publish a written assess- Advisory Committee input within 180 FDA ment no later than February 1, 2016. B. 510(k) days. The assessment will address FDA’s pre- For ‘‘CLIA Waiver by application’’ submis- Beginning in Fiscal Year 2013, FDA will re- market review process using an assessment sions FDA will issue a MDUFA decision for port on an annual basis the average Total framework that draws from appropriate 95% of the applications that require Advi- Time to Decision as defined in Section quality system standards, including, but not sory Committee input within 330 FDA days. VIII.G for the most recent closed receipt co- limited to, management responsibility, docu- To provide greater transparency, FDA will hort. For submissions received beginning in ment controls and records management, and issue guidance regarding review and manage- Fiscal Year 2013, the average Total Time to corrective and preventive action. ment expectations throughout the entire Decision goal for FDA and industry is 135 The scope of the assessment will include, submission process. calendar days. For submissions received be- but not be limited to, the following areas: ginning in FY 2015, the average Total Time 1. Identification of process improvements F. Original Biologics Licensing Applications to Decision goal for FDA and industry is 130 and best practices for conducting predict- (BLAs) calendar days. For submissions received be- able, efficient, and consistent premarket re- FDA will review and act on standard origi- ginning in FY 2017, the average Total Time views that meet regulatory review stand- nal BLA submissions within 10 months of re- to Decision goal for FDA and industry is 124 ards. ceipt for 90% of submissions. calendar days. 2. Analysis of elements of the review proc- FDA will review and act on priority origi- ess (including the Pre-Submission process, nal BLA submissions within 6 months of re- IV. INFRASTRUCTURE IDE, 510(k) and PMA reviews) that consume ceipt for 90% of submissions. A. Scientific and Regulatory Review Capacity or save time to facilitate a more efficient G. BLA Efficacy Supplements The Agency will apply user fee revenues to process. This includes analysis of root causes FDA will review and act on standard BLA reduce the ratio of review staff to front line for inefficiencies that may affect review per- efficacy supplement submissions within 10 supervisors in the Pre-Market review pro- formance and total time to decision. This will also include recommended actions to months of receipt for 90% of submissions. gram and to enhance and supplement sci- FDA will review and act on priority BLA entific review capacity by hiring device ap- correct any failures to meet MDUFA goals. efficacy supplement submissions within 6 plication reviewers and leveraging external Analysis of the review process will include the impact of combination products, com- months of receipt for 90% of submissions. experts needed to assist with the review of device applications. panion diagnostics products, and laboratory H. Original BLA and BLA Efficacy Supplement The Agency will seek to obtain stream- developed tests on the review process. Resubmissions lined hiring authority for all MDUFA-related 3. Assessment of FDA methods and con- FDA will review and act on Class 1 original positions prior to and during the MDUFA III trols for collecting and reporting informa- BLA and BLA efficacy supplement resubmis- period. tion on premarket review process resource sions within 2 months of receipt for 90% of During MDUFA III, FDA will also work use and performance. submissions. with industry to benchmark best practices 4. Assessment of effectiveness of FDA’s Re- viewer Training Program implementation. FDA will review and act on Class 2 original for retaining employees (both financial and 5. Recommendations for ongoing periodic BLA and BLA efficacy supplement resubmis- non-financial). sions within 6 months of receipt for 90% of assessments and any additional, more de- submissions. B. Training tailed or focused assessments. FDA will incorporate findings and rec- I. BLA Manufacturing Supplements Requiring Prior to the commencement of MDUFA III, ommendations, as appropriate, into its man- Prior Approval CDRH will implement its Reviewer Certifi- cation Program. FDA commits to holding a agement of the premarket review program. FDA will review and act on BLA manufac- minimum of two medical device Vendor Days FDA will analyze the recommendations for turing supplements requiring prior approval each year. improvement opportunities identified in the within 4 months of receipt for 90% of submis- CDRH will apply user fee revenues to sup- assessment, develop and implement a correc- sions. plement the following training programs: tive action plan, and assure its effectiveness. III. SHARED OUTCOME GOALS 1) Management training for Branch Chiefs FDA also will incorporate the results of the The program and initiatives outlined in and Division Directors. assessment into a Good Review Management this document are predicated on significant 2) MDUFA III Training Program for all Practices (GRMP) guidance document. interaction between the Agency and appli- staff. FDA’s implementation of the GRMP guid- cants. FDA and representatives of the med- 3) Reviewer Certification Program for new ance will include initial and ongoing train- ical device industry agree that the process CDRH reviewers. FDA will publish the cur- ing of FDA staff, and periodic audits of com- improvements outlined in this letter, when riculum of this program and other course of- pliance with the guidance. implemented by all parties as intended, ferings. FDA will consider comments from VI. PERFORMANCE REPORTS should reduce the average Total Time to De- stakeholders when making updates to The Agency will report its progress toward cision for PMA applications and 510(k) sub- courses and determining course offerings. meeting the goals described in this letter, as

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8280 CONGRESSIONAL RECORD — SENATE December 20, 2012 follows. If, throughout the course of MDUFA view time devoted to direct review of appli- at the Agency for submissions that have III, the Agency and Industry agree that a dif- cations been accepted (510(k)) or filed (PMA). FDA ferent format or different metrics would be 3.2. How funding is being used to enhance Days begin on the date of receipt of the sub- more useful, the reporting will be modified scientific review capacity mission or of the amendment to the submis- accordingly as per the agreement of both 3.3. The number of Premarket Report Sub- sion that enables the submission to be ac- FDA and Industry. missions received cepted (510(k)) or filed (PMA). 1. Quarterly reporting at the CDRH Divi- 3.4. Summary information on training D. MDUFA Decisions sion level/CBER Center level (in recognition courses available to CDRH and CBER em- Original PMAs: Decisions for Original of the significantly smaller number of sub- ployees, including new reviewers, regarding PMAs are Approval, Approvable, Approvable missions reviewed at CBER): device review and the percentage of applica- Pending GMP Inspection, Not Approvable, 1.1. For 510(k) submissions, reporting will ble staff that have successfully completed Withdrawal, and Denial. include: each such course. CDRH will provide infor- 180-Day PMA Supplements: Decisions for i. Average and quintiles of the number of mation concerning any revisions to the new 180-Day PMA Supplements include Approval, calendar days to Substantive Interaction reviewer training program curriculum. Approvable, and Not Approvable. ii. Average, and quintiles of the number of 3.5. Performance on the shared outcome Real-Time PMA Supplements: Decisions for FDA Days, Industry Days, and Total Days to goal for average Total Time to decision Real-Time PMA supplements include Ap- a MDUFA decision 3.6. For 510(k) submissions, reporting will proval, Approvable, and not Approvable. iii. Average number of review cycles. include: 510(k)s: Decisions for 510(k)s are substan- iv. Rate of submissions not accepted for re- i. Number of submissions reviewed by a tially equivalent (SE) or not substantially view Third Party equivalent (NSE). 1.2. For PMA submissions, reporting will ii. Number of Special Submissions Submissions placed on Application Integ- include: iii. Number of Traditional Submissions rity Program Hold will be removed from the i. Average and quintiles of the number of iv. Average and number of days to Accept/ MDUFA cohort. calendar days to Substantive Interaction for Refuse to Accept E. Pre-Submission Original PMA, Panel-Track PMA Supple- v. Number of Abbreviated Submissions 3.7. For PMA submissions, reporting will A Pre-Submission includes a formal writ- ment, and Premarket Report Submissions include the number of the following types of ten request from an applicant for feedback ii. Average and quintiles of the of FDA PMA submissions received: from FDA which is provided in the form of a Days, Industry Days, and Total Days to a i. Original PMAs formal written response or, if the manufac- MDUFA decision ii. Priority PMAs turer chooses, a meeting or teleconference in iii. Rate of applications not accepted for iii. Premarket Reports which the feedback is documented in meet- filing review, and rate of applications not iv. Panel-Track PMA Supplement ing minutes. A Pre-Submission meeting is a filed v. PMA Modules meeting or teleconference in which FDA pro- 1.3. For Pre-Submissions, reporting will in- vi. 180-Day PMA Supplements vides its substantive feedback on the Pre- clude: vii. Real-Time PMA Supplements Submission. i. Number of all qualified Pre-Submissions 3.8. For De Novo Classification Petitions, A Pre-Submission provides the opportunity received reporting will include: for an applicant to obtain FDA feedback ii. Average and quintiles of the number of i. Number of submissions received prior to intended submission of an investiga- calendar days from submission to meeting or ii. Average number of calendar days to a tional device exemption or marketing appli- teleconference (if necessary) MDUFA decision cation. The request must include specific iii. Number of Pre-Submissions that re- 3.9. For CLIA waiver applications, report- questions regarding review issues relevant to quire a meeting ing will include: a planned IDE or marketing application 1.4. For IDE applications, reporting will in- i. Number of CLIA waiver applications re- (e.g., questions regarding pre-clinical and clude: ceived clinical testing protocols or data require- i. Number of original IDEs received ii. Average and quintiles of the number of ments). A Pre-Submission is appropriate ii. Average number of amendments prior to calendar days to Substantive Interaction when FDA’s feedback on specific questions is approval or conditional approval of the IDE iii. Average and quintiles of the number of necessary to guide product development and/ (this information will be provided beginning FDA Days, Industry Days, and Total Days to or application preparation. no later than the quarter that starts 10/1/ a MDUFA decision and a discussion of any The following forms of FDA feedback to 2013) trends in the data applicants are not considered Pre-Submis- 2. CDRH will report quarterly, and CBER VII. DISCRETIONARY WAIVER sions. However, if the requested feedback will report annually, the following data at The Agency will seek authority to grant meets the criteria for a Pre-Submission, out- the Center level: discretionary fee waivers or reductions in lined above, FDA will contact the sponsor, 2.1. Rate of NSE decisions for 510(k) sub- the interest of public health. Notwith- and with the concurrence of the sponsor, missions standing any fee waivers or reductions may convert the request to a Pre-Submis- 2.2. Rate of withdrawals for 510(k) and PMA granted by the Agency under this discre- sion. submissions tionary authority, FDA remains committed General information requests initiated 2.3. Rate of Not Approvable decisions for to meeting the goals described in this letter. through the Division of Small Manufactur- PMA submissions Any submission subject to a fee waiver or re- ers, International and Consumer Assistance 2.4. Key product areas or other issues that duction under this discretionary authority (DSMICA) FDA identifies as noteworthy because of a shall not be subject to the goals specified in General questions regarding FDA policy or potential effect on performance, including this letter and shall be reviewed by the procedures significant rates of Additional Information Agency as resources permit. This discre- Meetings or teleconferences that are in- requests tionary authority will expire at the end of tended to be informational only, including, 2.5. Specific topic or product area as it re- MDUFA III. but not limited to, those intended to educate lates to performance goals, agreed upon at the review team on new device(s) with sig- the previous meeting VIII. DEFINITIONS AND EXPLANATIONS OF TERMS nificant differences in technology from cur- 2.6. Number of submissions that missed the A. Applicant rently available devices, or to update FDA goals and the total number of elapsed cal- Applicant means a person who makes any about ongoing or future product develop- endar days broken down into FDA days and of the following submissions to FDA: an ap- ment, without a request for FDA feedback on industry days plication for premarket approval under sec- specific questions related to a planned sub- 2.7. Newly released draft and final guidance tion 515; a premarket notification under sec- mission documents, and status of other priority guid- tion 510(k); an application for investiga- Requests for clarification on technical ance documents tional device exemption under section 520(g); guidance documents, especially where con- 2.8. Agency level summary of fee collec- a Pre-Submission; a CLIA waiver applica- tact is recommended by FDA in the guidance tions tion. document. However, the following requests 2.9. Independent assessment implementa- B. Electronic Copy (e-Copy) will generally need to be submitted as a Pre- tion plan status Submission in order to ensure appropriate An electronic copy is an exact duplicate of 2.10. Results of independent assessment input from multiple reviewers and manage- a paper submission, created and submitted and subsequent periodic audits and progress ment: recommendations for device types not on a CD, DVD, or in another electronic toward implementation of the recommenda- specifically addressed in the guidance docu- media format that FDA has agreed to accept, tions and any corrective action ment; recommendations for nonclinical or accompanied by a copy of the signed cover 2.11. Number of discretionary fee waivers clinical studies not addressed in the guid- letter and the complete original paper sub- or reductions granted by type of submission ance document; requests to use an alter- mission. An electronic copy is not considered 3. In addition, the Agency will provide the native means to address recommendations to be an electronic submission. following information on an annual basis: specified in a guidance document. 3.1. Qualitative and quantitative update on C. FDA Days Phone calls or email messages to reviewers how funding is being used for the device re- FDA Days are those calendar days when a that can be readily answered based on a re- view process, including the percentage of re- submission is considered to be under review viewer’s experience and knowledge and do

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8281 not require the involvement of a broader appropriate, the actions necessary to place D. Original Manufacturing Supplements number of FDA staff beyond the routine in- the application in condition for approval. 1. Review and act on 90 percent of manu- volvement of the reviewer’s supervisor and Class 1 resubmitted applications—applica- facturing supplements requiring prior ap- more experienced mentors. tions resubmitted after a complete response proval within 4 months of receipt, and review Interactions requested by either the appli- letter that includes the following items only and act on 90 percent of all other manufac- cant or FDA during the review of a mar- (or combinations of these items): turing supplements within 6 months of re- keting application (i.e., following submission (a) Final printed labeling ceipt. (b) Draft labeling of a marketing application, but prior to E. These review goals are summarized in the fol- (c) Safety updates submitted in the same reaching an FDA Decision). lowing tables: F. Substantive Interaction format, including tabulations, as the origi- nal safety submission with new data and ORIGINAL AND RESUBMITTED APPLICATIONS AND Substantive Interaction is an email, letter, changes highlighted (except when large teleconference, video conference, fax, or amounts of new information including im- SUPPLEMENTS other form of communication such as a re- portant new adverse experiences not pre- Submission cohort Standard Priority quest for Additional Information or Major viously reported with the product are pre- Deficiency letters by FDA notifying the ap- sented in the resubmission) NME NDAs and original BLAs ...... 90% in 90% in 6 plicant of substantive deficiencies identified (d) Stability updates to support provisional 10 months in initial submission review, or a commu- or final dating periods months of the nication stating that FDA has not identified of the 60 day (e) Commitments to perform Phase 4 stud- 60 day filing any deficiencies in the initial submission re- ies, including proposals for such studies filing date view and any further minor deficiencies will (f) Assay validation data date. be communicated through interactive re- Non NME NDAs ...... 90% in 90% in 6 (g) Final release testing on the last 1–2 lots 10 months view. An approval or clearance letter issued used to support approval months of the prior to the Substantive Interaction goal (h) A minor reanalysis of data previously of the receipt date will qualify as a Substantive Inter- receipt date submitted to the application (determined by date. action. the Agency as fitting the Class 1 category) Class 1 Resubmissions ...... 90% in 2 90% in 2 If substantive issues warranting issuance (i) Other minor clarifying information (de- months months of an Additional Information or Major Defi- of the of the termined by the Agency as fitting the Class receipt receipt ciency letter are not identified, interactive 1 category) date. date review should be used to resolve any minor (j) Other specific items may be added later Class 2 Resubmissions ...... 90% in 6 90% in 6 issues and facilitate an FDA decision. In ad- months months as the Agency gains experience with the of the of the dition, interactive review will be used, scheme and will be communicated via guid- receipt receipt where, in FDA’s estimation, it leads to a ance documents to industry date. date more efficient review process during the ini- Original Efficacy Supplements ...... 90% in 90% in 6 Class 2 resubmitted applications—re- 10 months tial review cycle (i.e., prior to a Substantive submissions that include any other items, months of the Interaction) to resolve minor issues such as including any item that would require pres- of the receipt revisions to administrative items (e.g., 510(k) receipt date entation to an advisory committee date. Summary/Statement, Indications for Use PDUFA REAUTHORIZATION PERFORM- Class 1 Resubmitted Efficacy Supplements ...... 90% in 2 90% in 2 statement, environmental impact assess- ANCE GOALS AND PROCEDURES FOR months months ment, financial disclosure statements); a of the of the FISCAL YEARS 2013 THROUGH 2017 receipt receipt more detailed device description; omitted en- The performance goals and procedures of date. date gineering drawings; revisions to labeling; or Class 2 Resubmitted Efficacy Supplements ...... 90% in 6 90% in 6 clarification regarding nonclinical or clin- the FDA Center for Drug Evaluation and Re- months months search (CDER) and the Center for Biologics of the of the ical study methods or data. receipt receipt Minor issues may still be included in an Evaluation and Research (CBER), as agreed date. date Additional Information or Major Deficiency to under the fifth authorization of the pre- scription drug user fee program, are summa- letter where related to the resolution of the Prior ap- substantive issues (e.g., modification of the rized below. proval All other proposed Indications for Use may lead to re- Unless otherwise stated, goals apply to co- horts of each fiscal year (FY). Manufacturing Supplements ...... 90% in 4 90% in 6 visions in labeling and administrative months months items), or if they were still unresolved fol- I. REVIEW PERFORMANCE GOALS of the of the lowing interactive review attempts. Both A. NDA/BLA Submissions and Resubmissions 1 receipt receipt date. date interactive review and Substantive Inter- Note: 1 Refer to Section II.A.4 for a descrip- actions will occur on the review clock except tion of the review program for NME NDAs II. NEW MOLECULAR ENTITY NDA AND ORIGINAL upon the issuance of an Additional Informa- and original BLAs. BLA PERFORMANCE GOALS tion or Major Deficiency Letter which stops 1. Review and act on 90 percent of standard A. Program for Enhanced Review Transparency the review clock. NME NDA and original BLA submissions and Communication for NME NDAs and within 10 months of the 60 day filing date. G. Total Time to Decision Original BLAs Total Time to Decision is the number of 2. Review and act on 90 percent of priority NME NDA and original BLA submissions To promote greater transparency and im- calendar days from the date of receipt of an prove communication between the FDA re- accepted or filed submission to a MDUFA de- within 6 months of the 60 day filing date. 3. Review and act on 90 percent of standard view team and the applicant, FDA will estab- cision. lish a review model (hereafter referred to as The average Total Time to Decision for non-NME original NDA submissions within 10 months of receipt. ‘‘the Program’’) that will apply to all New 510(k) submissions is calculated as the Molecular Entity New Drug Applications trimmed mean of Total Times to Decision 4. Review and act on 90 percent of priority non-NME original NDA submissions within 6 (NME NDAs) and original Biologics License for 510(k) submissions within a closed cohort, Applications (BLAs), including applications excluding the highest 2% and the lowest 2% months of receipt. 5. Review and act on 90 percent of Class 1 that are resubmitted following a Refuse-to- of values. A cohort is closed when 99% of the File action, received from October 1, 2012, accepted submissions have reached a deci- resubmitted original applications within 2 months of receipt. through September 30, 2017.2 The goal of the sion. Program is to improve the efficiency and ef- The average Total Time to Decision for 6. Review and act on 90 percent of Class 2 resubmitted original applications within 6 fectiveness of the first cycle review process PMA applications is calculated as the three- and decrease the number of review cycles year rolling average of the annual Total months of receipt. B. Original Efficacy Supplements necessary for approval, ensuring that pa- Times to Decision for applications (for exam- tients have timely access to safe, effective, ple, for FY2015, the average Total Time to 1. Review and act on 90 percent of standard and high quality new drugs and biologics. Decision for PMA applications would be the efficacy supplements within 10 months of re- The Program shall be evaluated by an inde- average of FY2013 through FY2015) within a ceipt. pendent contractor with expertise in assess- closed cohort, excluding the highest 5% and 2. Review and act on 90 percent of priority ing the quality and efficiency of biopharma- the lowest 5% of values. A cohort is closed efficacy supplement within 6 months of re- ceutical development and regulatory review when 95% of the applications have reached a ceipt. programs. The parameters of the Program decision. C. Resubmitted Efficacy Supplements are as follows: H. BLA-related Definitions 1. Review and act on 90 percent of Class 1 Note: 2 The decision as to whether the ap- Review and act on—the issuance of a com- resubmitted efficacy supplements within 2 plication is included or excluded from the plete action letter after the complete review months of receipt. Program is distinct from FDA’s determina- of a filed complete application. The action 2. Review and act on 90 percent of Class 2 tion as to whether the drug product contains letter, if it is not an approval, will set forth resubmitted efficacy supplements within 6 a ‘‘new chemical entity,’’ as defined under 21 in detail the specific deficiencies and, where months of receipt. CFR 314.108(a). Determinations regarding

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8282 CONGRESSIONAL RECORD — SENATE December 20, 2012 new chemical entity exclusivity are made at formance goals for priority and standard ap- 7. Late-Cycle meeting: For all applications the time of approval of an application. plications, respectively, as described in Sec- included in the review Program, a meeting 1. Pre-submission meeting: The applicant tion I. will be held between the FDA review team is strongly encouraged to discuss the d) Since applications are expected to be and the applicant to discuss the status of the planned content of the application with the complete at the time of submission, unsolic- review of the application late in the review appropriate FDA review division at a pre- ited amendments are expected to be rare and cycle. NDA/BLA meeting not to contain major new information or a) FDA representatives at the late-cycle a) The pre-NDA/BLA meeting should be analyses. meeting are expected to include the signa- held sufficiently in advance of the planned (1) Review of unsolicited amendments, in- tory authority for the application, review submission of the application to allow for cluding those submitted in response to an team members from appropriate disciplines, meaningful response to FDA feedback and FDA communication of deficiencies, will be and appropriate team leaders and/or super- should generally occur not less than 2 handled in accordance with the guidance visors from disciplines for which substantive months prior to the planned submission of ‘‘Good Review Management Principles and issues have been identified in the review to the application. Practices (GRMPs) for PDUFA Products.’’ date. b) At the pre-NDA/BLA meeting, the FDA This guidance includes the underlying prin- b) For applications that will be discussed and the applicant will agree on the content ciple that FDA will consider the most effi- at an Advisory Committee (AC) meeting, the of a complete application for the proposed cient path toward completion of a com- late-cycle meeting will occur not less than 12 indication(s), including preliminary discus- prehensive review that addresses application calendar days before the date of the AC sions on the need for risk evaluation and deficiencies and leads toward a first cycle meeting. FDA intends to convene AC meet- mitigation strategies (REMS) or other risk approval when possible. ings no later than 3 months (standard re- management actions. This meeting will be 3. Day 74 Letter: FDA will follow existing view) or no later than 2 months (priority re- attended by the FDA review team including procedures and performance goals (see Sec- view) prior to the PDUFA goal date. appropriate senior FDA staff. The agreement tion III) regarding identification and com- (1) The Agency briefing package for the and discussions will be summarized at the munication of filing review issues in the late-cycle meeting will consist of the Agen- conclusion of the meeting and reflected in ‘‘Day 74 letter.’’ For applications subject to cy’s background package for the AC meeting, the FDA meeting minutes. the Program, the timeline for this commu- which will be sent to the applicant not less c) At the meeting, the FDA and the appli- nication will be within 74 calendar days from than 20 calendar days before the AC meeting, cant may also reach agreement on submis- the date of FDA receipt of the original sub- any discipline review letters issued to date, sion of a limited number of application com- mission. The planned review timeline in- current assessment of the need for REMS or ponents not later than 30 calendar days after cluded in the Day 74 letter for applications other risk management actions, and a brief the submission of the original application. in the Program will include the planned date memorandum from the review team out- These submissions must be of a type that for the internal mid-cycle review meeting. lining substantive application issues includ- would not be expected to materially impact The letter will also include preliminary ing potential questions and/or points for dis- the ability of the review team to begin its re- plans on whether to hold an Advisory Com- cussion for the AC meeting. FDA intends to view. Any such agreement that is reached on mittee (AC) meeting to discuss the applica- provide final questions for the AC to the delayed submission of application compo- tion. sponsor and the AC 2 calendar days in ad- nents will be summarized at the conclusion 4. Review performance goals: For NME vance of the AC meeting. of the meeting and reflected in the FDA NDA and original BLA submissions that are c) For applications that will not be dis- meeting minutes. filed by FDA under the Program, the PDUFA cussed at an AC meeting, the late-cycle (1) Examples of application components review clock will begin at the conclusion of meeting will generally occur not later than 3 that may be appropriate for delayed submis- the 60 calendar day filing review period that months (standard review) or two months sion include updated stability data (e.g., 15- begins on the date of FDA receipt of the (priority review) prior to the PDUFA goal month data to update 12-month data sub- original submission. The review performance date. mitted with the original submission) or the goals for these applications are as follows: (1) The Agency background package for the final audited report of a preclinical study a) Review and act on 90 percent of standard late-cycle meeting, which will be sent to the (e.g., carcinogenicity) where the final draft NME NDA and original BLA submissions applicant not less than 12 calendar days be- report is submitted with the original appli- within 10 months of the 60 day filing date. fore the meeting, will consist of any dis- cation. b) Review and act on 90 percent of priority cipline review letters issued to date, current d) Major components of the application NME NDA and original BLA submissions assessment of the need for REMS or other (e.g., the complete study report of a Phase 3 within 6 months of the 60 day filing date. risk management actions, and a brief memo- clinical trial or the full study report of re- 5. Mid-Cycle communication: The FDA randum from the review team outlining sub- quired long-term safety data) are expected to Regulatory Project Manager (RPM), and stantive application issues. be submitted with the original application other appropriate members of the FDA re- d) Potential topics for discussion at the and are not subject to agreement for late view team (e.g., Cross Discipline Team Lead- late-cycle meeting include major defi- submission. er (CDTL)), will call the applicant, generally ciencies identified to date; issues to be dis- 2. Original application submission: Appli- within 2 weeks following the Agency’s inter- cussed at the AC meeting (if planned); cur- cations are expected to be complete, as nal mid-cycle review meeting, to provide the rent assessment of the need for REMS or agreed between the FDA review team and applicant with an update on the status of the other risk management actions; information the applicant at the pre-NDA/BLA meeting, review of their application. Scheduling of requests from the review team to the appli- at the time of original submission of the ap- the internal mid-cycle review meeting will cant; and additional data or analyses the ap- plication. If the applicant does not have a be handled in accordance with the GRMP plicant may wish to submit. pre-NDA/BLA meeting with FDA, and no guidance. The RPM will coordinate the spe- (1) With regard to submission of additional agreement exists between FDA and the ap- cific date and time of the telephone call with data or analyses, the FDA review team and plicant on the contents of a complete appli- the applicant the applicant will discuss whether such data cation or delayed submission of certain com- a) The update should include any signifi- will be reviewed by the Agency in the cur- ponents of the application, the applicant’s cant issues identified by the review team to rent review cycle and, if so, whether the sub- submission is expected to be complete at the date, any information requests, information mission will be considered a major amend- time of original submission. regarding major safety concerns and prelimi- ment and trigger an extension of the PDUFA a) All applications are expected to include nary review team thinking regarding risk goal date. a comprehensive and readily located list of management, proposed date(s) for the late- 8. Inspections: FDA’s goal is to complete all clinical sites and manufacturing facilities cycle meeting, updates regarding plans for all GCP, GLP, and GMP inspections for ap- included or referenced in the application. the AC meeting (if an AC meeting is antici- plications in the Program within 6 months of b) Any components of the application that pated), and other projected milestones dates the date of original receipt for priority appli- FDA agreed at the pre-submission meeting for the remainder of the review cycle. cations and within 10 months of the date of could be submitted after the original appli- 6. Discipline Review (DR) Letters: The original receipt for standard applications. cation are expected to be received not later FDA review team will follow existing guid- This will allow 2 months at the end of the re- than 30 calendar days after receipt of the ance on issuance of DR Letters. view cycle to attempt to address any defi- original application. a) Since the application is expected to be ciencies identified by the inspections. c) Incomplete applications, including ap- complete at time of submission, FDA intends 9. Quality System: As part of a quality sys- plications with components that are not re- to complete primary and secondary dis- tem approach to managing review in the ceived within 30 calendar days after receipt cipline reviews of the application and issue Program, FDA will implement a tracking of the original submission, will be subject to DR letters in advance of the planned late- system that will document review team per- a Refuse-to-File decision. cycle meeting. In cases where a DR letter is formance of the key milestones for each of (1) Applications that are subject to a not issued in advance of the planned late- the applications reviewed under the Pro- Refuse-to-File action, and are subsequently cycle meeting, substantive issues identified gram. filed over protest, will not be subject to the to date from that discipline will be commu- a) These milestones include: conduct of procedures of the Program, but will instead nicated in the brief memorandum described pre-NDA/BLA meeting and agreement on be subject to the 6 and 10 month review per- in 7(b)(1). content of complete application; submission

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8283 of any components of the application within gregated feedback from sponsors and FDA such amendment(s) during that review cycle, 30 calendar days of original application sub- review teams resulting from independent the planned review timeline initially com- mission (as per pre-NDA/BLA meeting agree- contractor interviews and discuss any issues municated will generally no longer be appli- ment); issuance of the 74-day letter; comple- identified and plans for addressing these cable. Consistent with the underlying prin- tion of mid-cycle communication with spon- issues. ciples articulated in the GRMP guidance, FDA’s decision to extend the review clock sor; completion of primary and secondary re- III. FIRST CYCLE REVIEW PERFORMANCE views; DR letters issued; exchange of late should, except in rare circumstances, be lim- A. Notification of Issues Identified during the cycle meeting package; and conduct of late- ited to occasions where review of the new in- Filing Review cycle meeting. formation could address outstanding defi- b) The process tracking information will 1. Performance Goal: For original NDA/ ciencies in the application and lead to ap- support review management, and inform the BLA applications and efficacy supplements, proval in the current review cycle. subsequent analysis to be conducted by an FDA will report substantive review issues If the review division determines that the independent third party (see below). The per- identified during the initial filing review to major amendment will result in an extension formance information generated by the the applicant by letter, teleconference, fac- of the PDUFA review clock, the review divi- tracking system will also be summarized and simile, secure e-mail, or other expedient sion will communicate to the applicant at reported in the PDUFA annual performance means. the time of the clock extension a new report. 2. The timeline for such communication planned review timeline, including a new re- view timeline for communication of feedback B. Assessment of the Program will be within 74 calendar days from the date of FDA receipt of the original submission. on proposed labeling, postmarketing require- The Program described in Section IIA shall 3. If no substantive review issues were ments, and any postmarketing commitments be evaluated by an independent contractor identified during the filing review, FDA will the Agency may request. with expertise in assessing the quality and so notify the applicant. In the rare case where the review division determines that the major amendment will efficiency of biopharmaceutical development 4. FDA’s filing review represents a prelimi- not result in an extension of the PDUFA re- and regulatory review programs. The state- nary review of the application and is not in- view clock, the review division may choose ment of work for this effort will be published dicative of deficiencies that may be identi- to retain the previously communicated for public comment prior to beginning the fied later in the review cycle. planned review timeline or may commu- assessment. The assessments will occur con- 5. FDA will notify the applicant of sub- tinuously throughout the course of the Pro- nicate a new planned review timeline to the stantive review issues prior to the goal date applicant. gram. Metrics for the assessments will in- for 90% of applications. clude adherence by the applicant and FDA to The division will notify the applicant the current GRMP guidance, submission of a B. Notification of Planned Review Timelines promptly of its decision regarding review of complete application at the time of original 1. Performance Goal: For original NDA/ the major amendment(s) and whether the submission, number of unsolicited amend- BLA applications and efficacy supplements, planned review timeline is still applicable. For original NME NDA and original BLA ments submitted by the applicant, timing FDA will inform the applicant of the planned applications, the new planned review and adequacy of Day 74 letters, mid-cycle timeline for review of the application. The timeline will include a new planned date for communications, provision of late-cycle information conveyed will include a target the internal mid-cycle review meeting if ap- date for communication of feedback from the meeting memorandum outlining potential propriate depending on when during the review division to the applicant regarding issues and questions for AC meeting consid- course of review the major amendment(s) is proposed labeling, postmarketing require- eration and discipline review letters; specific accepted for review. milestones of the Program as described in ments, and postmarketing commitments the C. Report on Review Timeline Performance Section IIA; time to approval; percentage of Agency will be requesting. applications approved on the first review 2. The planned review timeline will be in- 1. FDA will report its performance in meet- cycle; and the percentage of application re- cluded with the notification of issues identi- ing the goals for inclusion of a planned re- views extended due to major amendments. fied during the filing review, within 74 cal- view timeline with the notification of issues Following issuance of an FDA regulatory ac- endar days from the date of FDA receipt of identified during the filing review in the an- tion at the completion of the first review the original submission. nual PDUFA performance report. 2. FDA will report its performance in meet- cycle, the independent contractor will assess 3. The planned review timelines will be ing the planned review timeline for commu- consistent with the Guidance for Review the completeness and thoroughness of the nication of labeling comments, post- Staff and Industry: Good Review Manage- submitted application, Day 74 letter, mid- marketing requirements, and postmarketing ment Principles and Practices for PDUFA cycle communication, discipline review let- commitment requests in the annual PDUFA Products (GRMPs), taking into consider- ters and late-cycle meeting. This assessment performance report. The report will include will include interviews of the sponsor and ation the specific circumstances surrounding the percentage of applications for which the members of the review team, as appropriate. the individual application. planned target dates for communication of 1. Interim Assessment: An interim assess- 4. The planned review timeline will be labeling comments, postmarketing require- ment of the Program will be published by based on the application as submitted. ments, and postmarketing commitment re- March 31, 2015, for public comment. By June 5. FDA will inform the applicant of the quests were met. The report will also note 30, 2015, FDA will hold a public meeting dur- planned review timeline for 90% of all appli- how often the planned review timeline was ing which public stakeholders may present cations and efficacy supplements. met based on communication of labeling their views on the success of the Program to 6. In the event FDA determines that sig- comments, postmarketing requirements, and date including: improving the efficiency and nificant deficiencies in the application pre- postmarketing commitment requests by the effectiveness of the first cycle review proc- clude discussion of labeling, postmarketing target date, and how often such communica- ess; decreasing the number of review cycles requirements, or postmarketing commit- tion did not occur due to FDA’s determina- ultimately necessary for new drugs and bio- ments by the target date identified in the tion that significant deficiencies in the ap- logics that are approved; and helping to en- planned review timeline (e.g., failure to dem- plication precluded communication of label- sure that patients have timely access to safe, onstrate efficacy, significant safety con- ing comments, postmarketing requirements, effective, and high quality new drugs and cern(s), need for a new study(ies) or exten- and postmarketing commitment requests at biologics. During the public meeting, FDA sive re-analyses of existing data before ap- the time initially projected. Communication will discuss the findings of the interim as- proval), FDA will communicate this deter- of labeling comments, postmarketing re- sessment, including anonymized aggregated mination to the applicant in accordance with quirements, and postmarketing commitment feedback from sponsors and FDA review GRMPs and no later than the target date. In requests, or communication of FDA’s deter- teams resulting from independent contractor such cases the planned review timeline will mination that significant deficiencies pre- interviews. FDA will also address any issues be considered to have been met. Communica- clude initiation of such discussions that oc- identified to date including actions proposed tion of FDA’s determination may occur by curs within 7 calendar days of the target to improve likelihood of success for the pro- letter, teleconference, facsimile, secure e- date stated in the planned review timeline gram. mail, or other expedient means. will be considered to have met the target 2. Final Assessment: A final assessment of 7. To help expedite the development of date. FDA will also report the number of the Program will be published by December drug and biologic products, communication times that the review timelines were inappli- 31, 2016, for public comment. FDA will hold a of the deficiencies identified in the applica- cable due to the Agency’s decision to review public meeting by no later than March 30, tion will generally occur through issuance of an unsolicited major amendment or a solic- 2017, during which public stakeholders may a DR letter(s) in advance of the planned tar- ited major amendment that did not result in present their views on the success of the Pro- get date for initiation of discussions regard- an extension of the review clock (unless the gram, including improving the efficiency and ing labeling, postmarketing requirements, review division chose to retain the pre- effectiveness of the first cycle review process and postmarketing commitments the Agency viously communicated planned review and decreasing the number of review cycles may request. timeline). ultimately necessary for new drugs and bio- 8. If the applicant submits a major amend- IV. REVIEW OF PROPRIETARY NAMES TO REDUCE logics that are approved. During the public ment(s) (refer to Section XVI.B for addi- MEDICATION ERRORS meeting, FDA will discuss the findings of the tional information on major amendments) To enhance patient safety, FDA will utilize final assessment, including anonymized ag- and the review division chooses to review user fees to implement various measures to

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8284 CONGRESSIONAL RECORD — SENATE December 20, 2012 reduce medication errors related to look- ‘‘response’’ should be the plan for obtaining hypothesis of the protocol, the Agency alike and sound-alike proprietary names and that information (e.g., requesting further in- agrees that the data from the protocol can such factors as unclear label abbreviations, formation from the sponsor, scheduling a be used as part of the primary basis for ap- acronyms, dose designations, and error prone meeting with the sponsor, scheduling the proval of the product. The fundamental label and packaging design. issue for discussion at the next scheduled agreement here is that having agreed to the A. Review Performance Goals—Drug/Biological available advisory committee). design, execution, and analyses proposed in Product Proprietary Names 5. In these cases, once the required infor- protocols reviewed under this process, the mation is received by the Agency (including Agency will not later alter its perspective on 1. Proprietary names submitted during any advice from an advisory committee), the the issues of design, execution, or analyses IND phase (as early as end-of-phase 2) person to whom the appeal was made, again unless public health concerns unrecognized a) Review 90% of proprietary name submis- has 30 calendar days from the receipt of the at the time of protocol assessment under sions filed within 180 days of receipt. Notify required information in which to either deny this process are evident. sponsor of tentative acceptance or non-ac- or grant the appeal. B. Performance goal: 90% of special proto- ceptance. 6. Again, if the decision is to deny the ap- cols assessments and agreement requests b) If the proprietary name is found to be peal, the response should include the reasons completed and returned to sponsor within unacceptable, the sponsor can request recon- for the denial and any actions the sponsor timeframes. sideration by submitting a written rebuttal might take to persuade the Agency to re- C. Reporting: The Agency will track and with supporting data or request a meeting verse its decision. report the number of original special pro- within 60 days to discuss the initial decision 7. N.B. If the Agency decides to present the tocol assessments and resubmissions per (meeting package required). issue to an advisory committee and there are original special protocol assessment. c) If the proprietary name is found to be not 30 days before the next scheduled advi- VIII. MEETING MANAGEMENT GOALS unacceptable, the above review performance sory committee, the issue will be presented goals also would apply to the written request A. Responses to Meeting Requests at the following scheduled committee meet- for reconsideration with supporting data or 1. Procedure: Within 14 calendar days of ing to allow conformance with advisory com- the submission of a new proprietary name. the Agency’s receipt of a request from indus- mittee administrative procedures. d) A complete submission is required to try for a formal Type A meeting, or within 21 begin the review clock. VI. CLINICAL HOLDS calendar days of the Agency’s receipt of a re- 2. Proprietary names submitted with NDA/ A. Procedure: The Center should respond quest from industry for a formal Type B or BLA to a sponsor’s complete response to a clinical Type C meeting (i.e., a scheduled face-to- a) Review 90% of NDA/BLA proprietary hold within 30 days of the Agency’s receipt of face, teleconference, videoconference, or name submissions filed within 90 days of re- the submission of such sponsor response. written response), CBER and CDER should ceipt. Notify sponsor of tentative accept- B. Performance goal: 90% of such responses notify the requester in writing (letter or fax) ance/non-acceptance. are provided within 30 calendar days of the of the date, time, and place for the meeting, b) A supplemental review will be done Agency’s receipt of the sponsor’s response. as well as expected Center participants. In meeting the above review performance goals VII. SPECIAL PROTOCOL QUESTION ASSESSMENT the case of pre-IND and Type C meeting re- if the proprietary name has been submitted AND AGREEMENT quests, the sponsor may request a written re- previously (IND phase after end-of-phase 2) A. Procedure: Upon specific request by a sponse to its questions rather than a face-to- and has received tentative acceptance. sponsor (including specific questions that face meeting, videoconference or teleconfer- c) If the proprietary name is found to be the sponsor desires to be answered), the ence. In some cases, while the sponsor may unacceptable, the sponsor can request recon- Agency will evaluate certain protocols and request a face-to-face pre-IND or Type C sideration by submitting a written rebuttal issues to assess whether the design is ade- meeting, the Agency may determine that a with supporting data or request a meeting quate to meet scientific and regulatory re- written response to the sponsor’s questions within 60 days to discuss the initial decision quirements identified by the sponsor. would be the most appropriate means for re- (meeting package required). 1. The sponsor should submit a limited sponding to the meeting request. When it is d) If the proprietary name is found to be number of specific questions about the pro- determined that the meeting request can be unacceptable, the above review performance tocol design and scientific and regulatory re- appropriately addressed through a written goals apply to the written request for recon- quirements for which the sponsor seeks response to questions, FDA shall notify the sideration with supporting data or the sub- agreement (e.g., is the dose range in the car- requester of the date it intends to send the mission of a new proprietary name. cinogenicity study adequate, considering the response. e) A complete submission is required to intended clinical dosage; are the clinical 2. Performance Goal: FDA will provide this begin the review clock. endpoints adequate to support a specific effi- notification within 14 days for 90% of Type A V. MAJOR DISPUTE RESOLUTION cacy claim). meeting requests and within 21 days for 90% A. Procedure: For procedural or scientific 2. Within 45 days of Agency receipt of the of Type B and Type C meeting requests. matters involving the review of human drug protocol and specific questions, the Agency B. Scheduling Meetings applications and supplements (as defined in will provide a written response to the spon- 1. Procedure: The meeting date should re- PDUFA) that cannot be resolved at the sig- sor that includes a succinct assessment of flect the next available date on which all ap- natory authority level (including a request the protocol and answers to the questions plicable Center personnel are available to at- for reconsideration by the signatory author- posed by the sponsor. If the Agency does not tend, consistent with the component’s other ity after reviewing any materials that are agree that the protocol design, execution business; however, the meeting should be planned to be forwarded with an appeal to plans, and data analyses are adequate to scheduled consistent with the type of meet- the next level), the response to appeals of de- achieve the goals of the sponsor, the reasons ing requested. If the requested date for any cisions will occur within 30 calendar days of for the disagreement will be explained in the of these types of meetings is greater than 30, the Center’s receipt of the written appeal. response. 60, or 75 calendar days (as appropriate) from B. Performance goal: 90% of such answers 3. Protocols that qualify for this program the date the request is received by the Agen- are provided within 30 calendar days of the include: carcinogenicity protocols, stability cy, the meeting date should be within 14 cal- Center’s receipt of the written appeal. protocols, and Phase 3 protocols for clinical endar days of the requested date. C. Conditions: trials that will form the primary basis of an a) Type A Meetings should occur within 30 1. Sponsors should first try to resolve the efficacy claim. For such Phase 3 protocols to calendar days of the Agency receipt of the procedural or scientific issue at the signa- qualify for this comprehensive protocol as- meeting request. tory authority level. If it cannot be resolved sessment, the sponsor must have had an end b) Type B Meetings should occur within 60 at that level, it should be appealed to the of Phase 2/pre-Phase 3 meeting with the re- calendar days of the Agency receipt of the next higher organizational level (with a copy view division so that the division is aware of meeting request. In the case of a written re- to the signatory authority) and then, if nec- the developmental context in which the pro- sponse for a pre-IND meeting, the response essary, to the next higher organizational tocol is being reviewed and the questions should be transmitted by FDA within 60 cal- level. being answered. endar days of the Agency receipt of the 2. Responses should be either verbal (fol- 4. N.B. For products that will be using Sub- meeting request. lowed by a written confirmation within 14 part E or Subpart H development schemes, c) Type C Meetings should occur within 75 calendar days of the verbal notification) or the Phase 3 protocols mentioned in this calendar days of the Agency receipt of the written and should ordinarily be to either paragraph should be construed to mean those meeting request. In the case of a written re- grant or deny the appeal. protocols for trials that will form the pri- sponse, the response should be transmitted 3. If the decision is to deny the appeal, the mary basis of an efficacy claim no matter by FDA within 75 calendar days of the Agen- response should include reasons for the de- what phase of drug development in which cy receipt of the meeting request. nial and any actions the sponsor might take they happen to be conducted. 2. Performance goal: 90% of meetings are to persuade the Agency to reverse its deci- 5. If a protocol is reviewed under the proc- held within the timeframe, and 90% of writ- sion. ess outlined above and agreement with the ten responses are sent within the timeframe. 4. In some cases, further data or further Agency is reached on design, execution, and C. Meeting Minutes input from others might be needed to reach analyses and if the results of the trial con- 1. Procedure: The Agency will prepare min- a decision on the appeal. In these cases, the ducted under the protocol substantiate the utes which will be available to the sponsor 30

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8285 calendar days after the meeting. The min- 2. By the end of FY 2013, FDA will develop the staff’s role in facilitating resolution of utes will clearly outline the important a dedicated drug development communica- individual communication requests that agreements, disagreements, issues for fur- tion and training staff within the Office of have not been handled successfully in a time- ther discussion, and action items from the New Drugs in CDER and augment the manu- ly manner by the review team, which is the meeting in bulleted form and need not be in facturers assistance staff in CBER, focused primary interface with the sponsor regarding great detail. Meeting minutes are not re- on enhancing communication between FDA the drug under development. quired if the Agency transmits a written re- and sponsors during drug development. 8. By the end of the second quarter of FY sponse for pre-IND or Type C meetings. 3. Within CDER, the drug development 2015, FDA will publish draft guidance for re- 2. Performance goal: 90% of minutes are communication and training staff will in- view staff and industry describing best prac- issued within 30 calendar days of date of clude (1) a dedicated liaison staff to facili- tices for communication between FDA and meeting. tate general and, in some cases, specific IND sponsors during drug development. The D. Conditions interactions with sponsors and (2) a training guidance will describe FDA’s philosophy re- For a meeting to qualify for these perform- staff for CDER staff training and for commu- garding timely interactive communication ance goals: nication of best practices to the sponsor with sponsors as a core activity, the scope of 1. A written request (letter or fax) should community. appropriate interactions between the review be submitted to the review division; and 4. The liaison staff will be composed of in- team and the sponsor, outline the types of 2. The letter should provide: dividuals who are experienced and knowl- advice that are appropriate for sponsors to a) A brief statement of the purpose of the edgeable about the drug review process (and seek from FDA in pursuing their drug devel- meeting, and in the case of pre-IND and Type in some cases may be on detail from the re- opment program, describe the general expec- C meetings, the sponsor’s proposal for either view divisions), interact regularly with the tations for the timing of FDA response to a face-to-face meeting or a written response staff in review divisions, and are skilled in sponsor inquiries of simple and clarifying from the Agency; facilitating communications between appli- questions or referral of more complex ques- b) A listing of the specific objectives/out- cants and FDA staff. tions to the formal meeting process, and de- comes the requester expects from the meet- 5. The liaison staff will conduct a range of scribe best practices and communication ing; tasks associated with enhancing communica- methods (including the value of person-to- c) A proposed agenda, including estimated tion between the review team and sponsors person scientific dialogue) to facilitate inter- times needed for each agenda item; including identification and dissemination of actions between the FDA review team and d) A listing of planned external attendees; best practices for enhanced communication, the sponsor during drug development. FDA e) A listing of requested participants/dis- and development of training programs for re- will publish final guidance within 18 months ciplines representative(s) from the Center; view staff. In addition, they will work in col- of the close of the comment period for the and laboration with sponsor stakeholders to de- draft guidance. f) The approximate time that supporting velop training for sponsors and receive feed- B. Advancing the Science of Meta-Analysis documentation (i.e., the ‘‘backgrounder’’) for back on FDA’s programs regarding best prac- Methodologies tices for communication during drug devel- the meeting will be sent to the Center (i.e., 1. Develop a dedicated review team with opment (e.g., participation in workshops and ‘‘x’’ weeks prior to the meeting), but should appropriate expertise to evaluate different other meetings to communicate CDER’s pol- be received by the Center at the time of the scientific methods and to explore the prac- icy and practice to the sponsor community meeting request for Type A meetings and at tical application of scientific approaches and and to receive feedback on recommended im- least 1 month in advance of the scheduled best practices, including methodological lim- meeting for Type B and Type C meetings (in- provements). 6. The liaison staff will serve as a point of itations, for the conduct of meta-analyses in cluding those for which a written response the context of FDA’s regulatory review proc- will be provided) contact for sponsors who have general ques- tions about drug development or who need ess. 3. The Agency concurs that the meeting 2. By the end of FY 2013, hold a public clarification on which review division to will serve a useful purpose (i.e., it is not pre- meeting engaging stakeholders in discussing contact with their questions. The staff will mature or clearly unnecessary). However, re- current and emerging scientific approaches also serve as a secondary point of commu- quests for a ‘‘Type B’’ meeting will be hon- and methods for the conduct of meta-anal- nication within CDER for sponsors who are ored except in the most unusual cir- yses, and to facilitate stakeholder feedback encountering problems in communication cumstances. and input regarding the use of meta-analyses 4. In general, meetings regarding REMS or with the review team for their IND (e.g., in in the FDA’s regulatory review process. postmarketing requirements that occur out- instances when they have not received a re- 3. Considering feedback and input received side the context of the review of a marketing sponse from the review team to a simple or through the public meeting, publish a draft application shall be classified as Type B clarifying question or referral to the formal guidance document for comment describing meetings. meeting process within 30 days of the spon- FDA’s intended approach to the use of meta- 5. In general, a post-action meeting re- sor’s initial request). In such cases the liai- analyses in the FDA’s regulatory review quested by the sponsor within three months son staff will assist in evaluating the issues process by the end of FY 2015. This guidance after an FDA regulatory action other than and working with the review team and the will promote a better understanding and an approval (i.e., issuance of a complete re- sponsor to facilitate resolution of the prob- more consistency among Agency, industry, sponse letter) shall be classified as a Type A lem. and other stakeholders regarding meta-anal- meeting. 7. By the end of FY 2014, the OND drug de- yses and their role in regulatory decision- 6. FDA shall publish revised draft guidance velopment and communication staff will pro- making. on formal meetings between FDA and spon- vide training to all CDER staff involved in 4. Complete the final guidance describing sors no later than the end of FY 2013. review of INDs. The training will include: FDA’s intended approach to the use of meta- Sponsors are encouraged to consult avail- a) CDER’s philosophy that timely inter- analyses in the FDA’s regulatory review able FDA guidance to obtain further infor- active communication with sponsors during process (or revised draft guidance, if appro- mation on recommended meeting proce- drug development is a core activity to help priate) within 1.5 years of the close of the dures. achieve our mission to facilitate the conduct public comment period. IX. ENHANCING REGULATORY SCIENCE AND of efficient and effective drug development C. Advancing the Use of Biomarkers and EXPEDITING DRUG DEVELOPMENT programs, which can enhance public health Pharmacogenomics To enhance communications between FDA by making new safe and effective drugs 1. Develop staff capacity to review submis- and sponsors during drug development and to available to the American public in a timely sions that contain complex issues involving meet the challenges of emerging science in manner. b) Best practices for triage of sponsor re- pharmacogenomics and biomarkers. This ad- the areas of clinical trial endpoint assess- quests for advice from the review team and ditional staff capacity will be integrated ment tools, biomarkers and pharmacogen- timely communication of responses to sim- into the clinical review divisions and the omics, meta-analysis, and development of ple and clarifying questions or referral of clinical pharmacology and statistical review drugs for rare diseases, FDA will conduct the more complex questions to the formal meet- disciplines to ensure greater understanding following activities: ing process. of biomarker use in application review and A. Promoting Innovation Through Enhanced c) Best practices for communication be- efficient incorporation of qualified biomark- Communication Between FDA and Sponsors tween the review team and the sponsor in- ers in the review process. During Drug Development cluding establishing clear expectations and 2. Provide training for FDA staff on ap- 1. FDA’s philosophy is that timely inter- agreement on appropriate mechanisms (e.g., proaches to conducting a pharmacogenomics active communication with sponsors during when teleconferencing or secure email may review of a new product application. This drug development is a core Agency activity be the most appropriate means of commu- training will focus on the following: facilita- to help achieve the Agency’s mission to fa- nication) and frequency of such communica- tion of a greater understanding of the chal- cilitate the conduct of efficient and effective tions. lenges that arise when using drug development programs, which can en- d) The role of the OND liaison staff in fa- pharmacogenomic markers and other bio- hance public health by making new safe and cilitating overall enhanced drug develop- markers in a development program (includ- effective drugs available to the American ment communication between CDER and the ing programs involving companion public in a timely manner. drug development sponsor community and diagnostics), development of approaches to

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8286 CONGRESSIONAL RECORD — SENATE December 20, 2012 address these challenges, and promotion of and industry experts. A summary from the Division Director Summary Memo Tem- consistency in regulatory review through an meeting will be made available publicly plates, and corresponding Manuals of Poli- understanding of best practices in assess- through the FDA website. cies and Procedures (MaPP) [and equivalent ment of applications that use biomarkers in 5. By the end of FY 2015, FDA will develop documents in CBER] to incorporate a struc- the drug development program. and implement staff training related to de- tured benefit/risk assessment into the 3. By the end of FY 2013, hold a public velopment, review, and approval of drugs for human drug review process on a timeframe meeting to discuss the current status of bio- rare diseases. The training will be provided outlined in the five-year plan described in markers and pharmacogenomics and poten- to all CDER and CBER review staff, and will (A). tial strategies to facilitate scientific ex- be part of the reviewer training core cur- C. Over the period of PDUFA V, FDA will changes in regulatory and non-regulatory riculum. Among the key purposes of this initiate a public process to nominate a set of contexts. training are to familiarize review staff with disease areas that could benefit from a more D. Advancing Development of Patient-Reported the challenges associated with rare disease systematic and expansive approach to ob- Outcomes (PROs) and Other Endpoint As- applications and strategies to address these taining the patient perspective on disease se- sessment Tools challenges; to promote best practices for re- verity or unmet medical need. FDA will con- view and regulation of rare disease applica- 1. Develop clinical and statistical staff ca- vene 4 meetings per year (CDER will host 17 tions; and to encourage flexibility and sci- pacity to more efficiently and effectively re- meetings and CBER will host 3 meetings entific judgment among reviewers in the re- spond to submissions that involve PROs and throughout PDUFA V) with each meeting fo- view and regulation of rare disease applica- other outcomes assessment tools. These staff cused on a different disease area. These tions. The training will also emphasize the will advance the development of these tools meetings will include participation of FDA role of the Rare Disease Program staff as by providing IND and qualification consulta- review divisions, the relevant patient advo- members of the review team to help ensure cacy community, and other interested stake- tions and through promoting best practices consistency of scientific and regulatory ap- for review and qualification of outcomes as- holders. After each meeting, FDA will pub- proaches across applications and review lish the meeting proceedings and a summary sessment tools. The additional capacity in- teams. cludes staff who will focus on review and analysis of the input received by FDA that is 6. By the end of FY 2016, FDA, through the relevant to FDA’s consideration of disease qualification of endpoint assessment tools, Rare Disease Program, will develop an eval- including IND consultations with sponsors, severity and unmet medical need. This uation tool to evaluate the success of the ac- knowledge will be used to more fully develop as well as staff who will be integrated into tivities of the Rare Disease Program, includ- the review divisions to facilitate evaluation an understanding of the disease severity and ing the reviewer training. Among potential an assessment of the current state of the of these tools and improve familiarity and measures of success are the development of a treatment armamentarium which are both understanding of assessment tools among re- system to track rare disease applications critical components of FDA’s current ben- view staff. These activities will allow for from IND submission through the post-mar- efit-risk framework in regulatory decision- greater understanding of challenges that keting period, increased number of reviewers making and communication. After the first arise during development of outcomes as- receiving rare disease-specific training, in- two meetings, FDA will develop a proposal sessment tools, potential strategies to over- creased number of activities contributing to for how FDA will incorporate these perspec- come these challenges, and greater consist- regulatory and biomedical science for rare tives into the Agency’s decision-making. ency in FDA’s approach to review, qualifica- disease drug development, and meeting of tion, and usage of these tools as part of the In addition, FDA will increase its utiliza- PDUFA goals for rare disease applications. tion of FDA’s Patient Representatives as drug development process. X. ENHANCING BENEFIT-RISK ASSESSMENT IN 2. By the end of FY 2014, hold a public Special Government Employee consultants REGULATORY DECISIONMAKING meeting to discuss FDA’s qualification to CDER and CBER to provide patients’ standards for drug development tools, new A. FDA will develop a five-year plan to fur- views early in the medical product develop- measurement theory, and implications for ther develop and implement a structured ment process and ensure those perspectives multi-national trials. benefit/risk assessment in the new drug ap- are considered in regulatory discussions. proval process. FDA will publish its draft D. FDA will train review and management E. Advancing Development of Drugs for Rare plan for public comment by the end of the staff on the revised templates and MaPPs de- Diseases first quarter of FY 2013. FDA will begin exe- scribed in (B) and fully integrate structured 1. By the end of FY 2013, FDA will com- cution of the plan to implement the benefit- benefit/risk assessment into the regulatory plete a staffing and implementation plan for risk framework across review divisions in review process by a date specified in the five- the CDER Rare Disease Program within the the pre-and post-market human drug review year plan. Office of New Drugs and a CBER Rare Dis- process by the end of the fourth quarter of XI. ENHANCEMENT AND MODERNIZATION OF THE ease liaison within the Office of Center Di- FY 2013, and the Agency will update the plan FDA DRUG SAFETY SYSTEM rector. as needed and post all updates on the FDA FDA will continue to use user fees to en- 2. FDA will increase by five the staff of the website. CDER Rare Disease Program and establish hance and modernize the current U.S. drug The plan will include: safety system, including adoption of new sci- and fill the CBER Rare Disease liaison posi- 1. A description of FDA’s intended ap- entific approaches, improving the utility of tion. proach to build on the Agency’s current ef- existing tools for the detection, evaluation, 3. On an ongoing basis, the staff in the forts to integrate a structured benefit/risk prevention, and mitigation of adverse events, Rare Disease Programs of the two Centers framework throughout the lifecycle of and enhancing communication and coordina- will develop and disseminate guidance and human drug development. policy related to advancing and facilitating 2. A plan to conduct two public workshops tion between post-market and pre-market re- the development of drugs and biologics for on benefit-risk considerations from the regu- view staff. Enhancements to the drug safety rare diseases, including improving under- lator’s perspective that will begin by the system will improve public health by in- standing among FDA reviewers of ap- first quarter of FY 2014. The first workshop creasing patient protection while continuing proaches to studying such drugs; considering will be primarily informational by focusing to enable access to needed medical products. non-traditional clinical development pro- discussion on the various frameworks and User fees will provide support for 1) enhanc- grams, study design, endpoints, and statis- methods available and their application to ing risk evaluation and mitigation strategies tical analysis; recognizing particular chal- regulatory decision-making. The second (REMS) by measuring their effectiveness and lenges with post-market studies; and encour- workshop will focus on the results and les- evaluating with stakeholder input appro- aging flexibility and scientific judgment, as sons learned in implementing frameworks at priate ways to better integrate them into appropriate, on the part of reviewers when regulatory agencies in the pre- and post-mar- the existing and evolving healthcare system, evaluating investigational studies and mar- ket drug review process. and 2) continued development and implemen- keting applications for drugs for rare dis- 3. An evaluation plan to ascertain the im- tation of the Sentinel System. eases. Rare Disease Program staff will also pact of the benefit-risk framework in the A. Measure the Effectiveness of REMS and engage in increased outreach to industry re- human drug review process. The evaluation Standardize and Better Integrate REMS garding development of such drugs and to pa- will consider the utility of the framework in into the Healthcare System tient representatives and organizations. facilitating decision-making and review FDA will use user fee funds to continue to 4. By mid-FY 2014, FDA, through the Rare team discussions across disciplines, risk develop techniques to standardize REMS and Disease Program, will conduct a public management plan decision-making, training with stakeholder input seek to integrate meeting to discuss complex issues in clinical of new review staff, and communicating reg- them into the existing and evolving (e.g., in- trials for studying drugs for rare diseases, in- ulatory decisions. In particular, the evalua- creasingly electronic) healthcare system. cluding such questions as endpoint selection, tion will consider the degree to which the 1. By the end of FY 2013, FDA will develop use of surrogate endpoints/Accelerated Ap- framework supports or facilitates balanced and issue guidance on how to apply the stat- proval, and clinical significance of primary consideration of benefits and risks, a more utory criteria to determine whether a REMS endpoints; reasonable safety exposures; as- consistent and systematic approach to dis- is necessary to ensure that the benefits of a sessment of dose selection; and development cussion and decision-making, and commu- drug outweigh the risks. of patient-reported outcome instruments. nication of benefits and risks. 2. By the end of FY 2013, FDA will hold one Participants in the discussion will include B. As appropriate, FDA will revise the or more public meetings to include the phar- FDA staff, academic and clinical experts, CDER Clinical Review Template, Office and maceutical industry, other government

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8287 healthcare providers, patient groups, and formation of the drug safety program is 1. FDA shall develop a project plan for dis- partners from other sectors of the healthcare maximizing the usefulness of tools used for tinct therapeutic indications, prioritizing delivery system to explore strategies to adverse event signal detection and risk as- clinical terminology standards development standardize REMS, where appropriate, with sessment. Use of data other than passive within and across review divisions. FDA the goal of reducing the burden of imple- spontaneous reports, including population- shall publish a proposed project plan for menting REMS on practitioners, patients, based epidemiological data and other types stakeholder review and comment by June 30, and others in various healthcare settings. To of observational data resources will continue 2013. FDA shall update and publish its move towards increased integration of REMS to enhance FDA’s capability to conduct tar- project plan annually. into the healthcare delivery system, FDA geted post-marketing surveillance, evaluate F. Development of terminology standards will issue a report of its findings by the first class effects of drugs, and potentially con- for data other than clinical data: To address quarter of FY 2014 that will identify at least duct signal detection using data resources FDA-identified nonclinical data standards one priority project in each of the following other than reports from the Adverse Event needs, FDA will request public input on the areas including a workplan for project com- Reporting System (AERS). FDA will con- use of relevant already-existing data stand- pletion: pharmacy systems, prescriber edu- tinue training and development of existing ards and the involvement of existing stand- cation, providing benefit/risk information to staff on the use of these resources, and de- ards development organizations to develop patients, and practice settings. velop the information technology infrastruc- new standards or refine existing standards. 3. By the end of FY 2013, FDA will initiate ture needed to support access and analysis of FDA will obtain this input via publication of one or more public workshops on methodolo- data from these resources. a Federal Register notice that specifies a 60- gies for assessing whether REMS are miti- D. Information Systems and Infrastructure day comment period. gating the risks they purport to mitigate G. FDA shall periodically publish final FDA will continue the Agency’s efforts on and for assessing the effectiveness and im- guidance specifying the completed data the following standards-based information pact of REMS, including methods for assess- standards, formats, and terminologies that systems to support how FDA obtains and ing the effect on patient access, individual sponsors must use to submit data in applica- analyzes post-market drug safety data and practitioners, and the overall burden on the tions. In the case of standards for study data, healthcare delivery system. FDA will issue manages emerging drug safety information: 1. Enhanced adverse event reporting sys- new data standards and terminology shall be guidance by the end of FY 2014 on meth- applicable prospectively and only required odologies for assessing REMS. This guidance tem and surveillance tools; 2. IT infrastructure to support access and for studies that begin 12 months after should specifically address methodologies for issuance of FDA’s final guidance on the ap- determining whether a specific REMS with analyses of externally-linked databases; and 3. Workflow tracking system. plicable data standards and terminology. elements to assure safe use (ETASU) is: (i) commensurate with the specific serious risk XII. IMPROVING THE EFFICIENCY OF HUMAN XIII. PROGRESS REPORTING FOR PDUFA V AND listed in the labeling of the drug and (ii) con- DRUG REVIEW THROUGH REQUIRED ELEC- CONTINUING PDUFA IV INITIATIVES sidering the observed risk, not unduly bur- TRONIC SUBMISSIONS AND STANDARDIZATION On an annual basis, FDA will report on its densome on patient access to the drug. OF ELECTRONIC DRUG APPLICATION DATA website the progress in each of the PDUFA V B. Sentinel as a Tool for Evaluating Drug Safe- A. To enhance the quality and efficiency of initiatives described in Sections IX, X, XI, ty Issues That May Require Regulatory Ac- FDA’s review of NDAs, BLAs, and INDs, FDA and XII. The annual reports will include: (a) tion shall consult with stakeholders, including descriptions of the hiring and placement of new staff and use of PDUFA resources to FDA will use user fee funds to conduct a pharmaceutical manufacturers and other re- support the new initiatives in Sections IX, series of activities to determine the feasi- search sponsors, to issue draft guidance on X, XI.A, XI.B, and XII, and (b) progress re- bility of using Sentinel to evaluate drug the standards and format of electronic sub- safety issues that may require regulatory ac- mission of applications by December 31, 2012. ports on achieving metrics described in each B. FDA will issue final guidance no later tion, e.g., labeling changes, PMRs, or PMCs. of the sections. Each report will be posted on than 12 months from the close of the public The activities will be selected and designed the FDA website no later than 120 days after comment period on the draft guidance. Such to focus on issues that affect classes of drugs the end of the fiscal year. The staff resources or multiple products. final guidance and any subsequent revisions will support the new initiatives described in 1. By the end of FY 2013, FDA will hold or to the final guidance shall be binding on Sections IX, X, XIA, XIB and XII and the re- support public meetings engaging stake- sponsors, applicants, and manufacturers no lated work associated with these initiatives holders to discuss current and emerging Sen- earlier than twenty-four months after to ensure their success. tinel projects and facilitate stakeholder issuance of the final guidance. XIV. INFORMATION TECHNOLOGY GOALS C. Requirements for electronic submission feedback and input regarding Sentinel A. Objective projects that would be appropriate to meet shall be phased in according to the following schedule: FDA is committed to achieve the long- the goals stated above. term goal of improving the exchange, review, 2. Informed by the feedback and input re- 1. Twenty-four (24) months after publica- and management of human drug and biologic ceived through the public meeting, in FY tion of the final guidance: All new original applications throughout the product life 2013 through FY 2017, FDA will fund 4–6 ac- NDA and BLA submissions, all new NDA and cycle through strategic investments in auto- tivities, which will include multiple product BLA efficacy supplements and amendments, or class-specific studies or methodology de- all new NDA and BLA labeling supplements mated, standards-based information tech- velopment. These activities will be specifi- and amendments, all new manufacturing nology (IT). cally designed to further evaluate safety sig- supplements and amendments, and all other B. Communications and Technical Interactions nals that, in previous cases, have served as new NDA submissions. 1. FDA will periodically update and publish the basis for regulatory action(s) or designed 2. Thirty-six (36) months after publication to the FDA website a five-year plan for busi- more broadly to help determine the utility of the final guidance: All original commer- ness process improvement enabled by IT in- and validity of the Sentinel System to evalu- cial INDs and amendments, except for sub- vestments. ate other types of signals in population- missions described in section 561 of the Fed- a) The plan will frame the strategy for based databases. The following are examples eral Food, Drug, and Cosmetic Act. prioritizing IT-enabled business process of potential activities: D. Because of the significant investments change, enumerate the business process im- a) Expanding the active surveillance mech- required to change regulatory submission provements expected from each IT invest- anisms begun for the H1N1 pandemic to sub- and review software, initial FDA guidance ment, and convey a consistent series of mile- stitute for the information gathered in large shall specify the format of electronic sub- stones for each initiative to track pace and ad hoc, manufacturer-conducted studies mission of applications using eCTD version progress. b) Evaluating risk for class-wide adverse 3.2.2 unless, after notice and an opportunity b) FDA will conduct an annual assessment events (e.g., cardiovascular events, for stakeholder comment, FDA determines of progress against the plan and publish on suicidality) that another version will provide for more the FDA website a summary of the assess- 3. By the end of FY 2015, FDA will conduct efficient and effective applicant submission ment within 3 months after the close of each (or fund by contract) an interim assessment or FDA review. In general, when FDA revises fiscal year. to evaluate the strengths, limitations and final guidance requiring submission using a c) FDA will publish updates to the plan as the appropriate use of Sentinel for informing new version of electronic standards or for- FDA deems appropriate. FDA will publish on regulatory actions (e.g., labeling changes, mats, FDA shall also accept submissions the FDA web site draft revisions to the plan; PMRs and PMCs) to manage safety issues. using the previous version for no less than solicit comments from the public on those 4. By the end of FY 2017, FDA will conduct twenty-four (24) months. draft revisions; and consider the public com- (or fund by contract) an assessment to evalu- E. Clinical Terminology Standards: Using ments before completing and publishing up- ate the strengths, limitations, and the ap- a public process that allows for stakeholder dates to the plan. propriate use of Sentinel for informing regu- input, FDA shall develop standardized clin- 2. The FDA and industry stakeholders will latory actions (e.g., labeling changes, PMRs ical data terminology through open stand- meet on a quarterly basis to discuss prospec- and PMCs) to manage safety issues. ards development organizations (i.e., the tive implementation of the plan, progress to- C. Conduct and support activities designed to Clinical Data Interchange Standards Consor- ward the long term goal, potential impacts modernize the process of pharmacovigilance tium (CDISC)) with the goal of completing that future activities may have on FDA or 1. Continued use of expanded database re- clinical data terminology and detailed im- stakeholders, and potential revisions to the sources: A critical part of the trans- plementation guides by FY 2017. plan.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8288 CONGRESSIONAL RECORD — SENATE December 20, 2012 C. Metrics and Measures ciency and other performance attributes of items that would require presentation to an On an annual basis, FDA will measure and the human drug review process beginning in advisory committee. report progress toward achievement of the FY 2015. F. A Type A meeting is a meeting which is objectives defined in Section XIV.A. Meas- 5. Assessments by an independent account- necessary for an otherwise stalled drug de- ures will include but are not limited to: ing firm of the review activity adjustment velopment program to proceed (a ‘‘critical 1. The number and percentage of IND, methodology, as described in section path’’ meeting) or to address an important NDA, and BLA submissions received in valid 736(c)(2), by the end of the second quarter of safety issue. electronic format in compliance with FDA FY 2013 and by the end of the fourth quarter G. A Type B Meeting is a 1) pre-IND, 2) end standards, categorized by types of submis- of FY 2015 with recommendations for of Phase 1 (for Subpart E or Subpart H or sions. Increasing the number and percentage changes, if warranted. similar products) or end of Phase 2/pre-Phase of IND, NDA, and BLA submissions received XVI. DEFINITIONS AND EXPLANATION OF TERMS 3, or 3) a pre-NDA/BLA meeting. Each re- questor should usually only request 1 each of in valid electronic format is a goal that is A. The term ‘‘review and act on’’ means supported by the FDA and industry stake- these Type B meetings for each potential ap- the issuance of a complete action letter after plication (NDA/BLA) (or combination of holders. Achievement of this goal requires the complete review of a filed complete ap- the cooperation of regulated industry. To closely related products, i.e., same active in- plication. The action letter, if it is not an gredient but different dosage forms being de- support the assessment of this goal, the fol- approval, will set forth in detail the specific lowing information will be tracked and re- veloped concurrently). deficiencies and, where appropriate, the ac- H. A Type C meeting is any other type of ported: tions necessary to place the application in a) Total number of submissions categorized meeting. condition for approval. I. The performance goals and procedures by type of submission B. Goal Date Extensions for Major Amend- also apply to original applications and sup- b) Total number of submissions in valid ments plements for human drugs initially mar- electronic format in compliance with FDA 1. A major amendment to an original appli- keted on an over-the-counter (OTC) basis standards cation, efficacy supplement, or resubmission c) Total number of submissions received through an NDA or switched from prescrip- of any of these applications, submitted at tion to OTC status through an NDA or sup- through the secure electronic single point of any time during the review cycle, may ex- entry versus other methods plement. tend the goal date by three months. J. IT-specific definitions (refer also to Sec- d) Total number of submissions received 2. A major amendment may include, for ex- tion XIV) substantially on paper or non-standardized ample, a major new clinical safety/efficacy 1. ‘‘Program’’ refers to the organizational electronic format study report; major re-analysis of previously resources, procedures, and activities as- e) Total number of standards-based elec- submitted study(ies); submission of a REMS signed to conduct ‘‘the process for the review tronic submissions that fail to comply with with ETASU not included in the original ap- of human drug applications,’’ as defined in FDA electronic submission standards, along plication; or significant amendment to a pre- the Prescription Drug User Fee Act. with a distribution of these submission fail- viously submitted REMS with ETASU. Gen- 2. ‘‘Standards-based’’ means compliant ures across categories of failure or problem erally, changes to REMS that do not include with published specifications that address type ETASU and minor changes to REMS with terminology or information exchange be- 2. Number and significance of IT technical ETASU will not be considered major amend- tween the FDA and regulated parties or ex- specifications or e-submission guidance im- ments. ternal stakeholders, as adopted by the FDA plemented requiring industry to change sub- 3. A major amendment to a manufacturing or other agencies of the federal government, mission content that are not forecasted ac- supplement submitted at any time during and often based on the publications of na- curately in the five year plan or those whose the review cycle may extend the goal date by tional or international Standards Develop- content has not been available to industry at two months. ment Organizations. least twelve months prior to required imple- 4. Only one extension can be given per re- 3. ‘‘FDA Standards’’ means technical speci- mentation. view cycle. fications that have been adopted and pub- 3. Spending on Center IT systems and IT 5. Consistent with the underlying prin- lished by the FDA through the appropriate systems that are common across the organi- ciples articulated in the GRMP guidance, governance process. FDA standards may zational divisions participating in the proc- FDA’s decision to extend the review clock apply to terminology, information exchange, ess for the review of human drug applica- should, except in rare circumstances, be lim- engineering or technology specifications, or tions. This includes systems development ited to occasions where review of the new in- other technical matters related to informa- versus maintenance spending; infrastructure formation could address outstanding defi- tion systems. FDA standards often are based support; a report of total PDUFA fee-funded ciencies in the application and lead to ap- on the publications of other federal agencies, spending versus appropriations-funded proval in the current review cycle. or the publications of national or inter- spending; FDA enterprise versus PDUFA- C. A resubmitted original application is a national Standards Development Organiza- program specific support. complete response to an action letter ad- tions. XV. IMPROVING FDA PERFORMANCE dressing all identified deficiencies. 4. ‘‘Product life cycle’’ means the sequen- MANAGEMENT D. Class 1 resubmitted applications are ap- tial stages of human drug development, regu- A. The studies conducted under this initiative plications resubmitted after a complete re- latory review and approval, post-market sur- are intended to foster: sponse letter (or a not approvable or approv- veillance and risk management, and where able letter) that include the following items 1. Development of programs to improve ac- applicable, withdrawal of an approved drug only (or combinations of these items): cess to internal and external expertise from the market. In the context of the proc- 1. Final printed labeling 2. Reviewer development programs, par- ess for the review of human drug applica- 2. Draft labeling ticularly as they relate to drug review proc- tions, the product life cycle begins with the 3. Safety updates submitted in the same esses earliest regulatory submissions in the Inves- format, including tabulations, as the origi- 3. Advancing science and use of informa- tigational New Drug (IND) phase, continues nal safety submission with new data and tion management tools through the New Drug Application (NDA) or changes highlighted (except when large 4. Improving both inter- and intra-Center Biological Licensing Application (BLA) re- amounts of new information including im- consistency, efficiency, and effectiveness view phase, and includes post-market sur- portant new adverse experiences not pre- 5. Improved reporting of management ob- veillance and risk management activities as viously reported with the product are pre- jectives covered under the process for the review of sented in the resubmission) 6. Increased accountability for use of user human drug applications. 4. Stability updates to support provisional fee revenues GENERIC DRUG USER FEE ACT PROGRAM or final dating periods 7. Focused investments on improvements PERFORMANCE GOALS AND PROCEDURES 5. Commitments to perform Phase 4 stud- in the process of drug review The performance efficiencies, metric goals ies, including proposals for such studies 8. Improved communication between the and procedures to which FDA will agree 6. Assay validation data FDA and industry 7. Final release testing on the last 1–2 lots upon commencement of a generic drug user B. Studies will include: used to support approval fee act (GDUFA) program (‘‘the program’’), 1. Assessment by an independent con- 8. A minor reanalysis of data previously as jointly proposed by FDA and industry, are tractor of the Program for NME NDAs and submitted to the application summarized below. original BLAs as described in Section IIB. 9. Other minor clarifying information (de- OVERALL PURPOSE OF THE GENERIC DRUG USER 2. Assessment of the impact of the benefit- termined by the Agency as fitting the Class FEE PROGRAM risk framework in the human drug review 1 category) To help FDA ensure that participants in process as described in Section X.A.3. 10. Other specific items may be added later the U.S. generic drug system comply with 3. Development of a tool to evaluate the as the Agency gains experience with the U.S. quality standards, and to increase the success of the activities of the Rare Disease scheme and will be communicated via guid- likelihood that American consumers get Program as described in Section IX.D.6. ance documents to industry timely access to low cost, high quality ge- 4. Assessment of the impact of electronic E. Class 2 resubmissions are resubmissions neric drugs, FDA and industry have jointly submissions and data standards on the effi- that include any other items, including any agreed to a comprehensive user fee program,

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8289 to be supplemental to traditional appro- mestic facilities by the 5th year of the user with industry to discuss complete response priated funding, that is focused on three key fee program will also provide significant questions at a level at least similar to pre- aims: value to industry participants given that GDUFA levels in years 1 and 2 of the pro- Safety—Ensure that industry participants, outstanding inspections can result in delays gram (see goals for years 3–5 metrics) and foreign or domestic, who participate in the of ANDA approvals. will utilize an approach similar to the NDA U.S. generic drug system are held to con- Taken collectively, the user fee program review process whereby FDA uses telephone sistent high quality standards and are in- and associated performance metrics and fees information requests to address easily cor- spected biennially, using a risk-based ap- are expected to provide measurable public rectable deficiencies during the review proc- proach, with foreign and domestic parity. health benefits and are not expected to com- ess before and after issuance of complete re- Access—Expedite the availability of low petitively disadvantage any company or sponse letters. cost, high quality generic drugs by bringing business sector regardless of size or location. IX. FDA will aspire to complete reviews for greater predictability to the review times for applications with only minor administrative END NOTES abbreviated new drug applications, amend- amendments pending prior to the expiration ments and supplements, increasing predict- 1. Source: IMS Health Report—GPHA. Savings date of the controlling patent or applicable ability and timeliness in the review process. achieved through the use of generic pharma- exclusivity date regardless of the amend- Transparency—Enhance FDA’s ability to ceuticals: 2000–2009, July 2010. ment(s) goal date. 2. Source: ‘‘The Use of Medicines in the United X. FDA will work towards achieving per- protect Americans in the complex global States: Review of 2010’’, Report by the IMS Institute supply environment by requiring the identi- for Healthcare Informatics, slide 8, available at formance goals to reach parity of GMP in- fication of facilities involved in the manu- http://www.imshealth.com/deployedfiles/imshealth/ spections of foreign and domestic establish- facture of generic drugs and associated ac- Global/Content/IMS%20Institute/Static%20File/ ments, will prioritize inspections using a tive pharmaceutical ingredients, and im- IHIIlUseOfMeldlreport.pdf. risk-based approach, and will prioritize in- proving FDA’s communications and feedback 3. Ibid., slide 22. spections of establishments associated with with industry in order to expedite product 1. OVERVIEW ANDAs that are otherwise approvable or eli- access. OVERALL PROGRAM SCOPE, ASSUMPTIONS, AND gible for tentative approval except for an Recognizing the critical role generic drugs ASPIRATIONS outstanding inspection, as well as establish- ments associated with ANDAs that have not play in providing more affordable, thera- The goals to which FDA is committing for been inspected previously. In appropriate peutically equivalent medicine, the Generic generic drugs are premised on the following circumstances FDA can rely on a routine Drug User Fee program is designed to keep assumptions: individual fee amounts as low as possible to I. Funding for the program from user fees surveillance inspection in lieu of an applica- supplement appropriated funding to ensure will be at agreed-upon levels of approxi- tion-specific inspection. Generally, among other considerations, FDA relies on a pre- that consumers continue to receive the sig- mately $299 million annually adjusted for in- vious inspection of a finished product site oc- nificant benefits offered by generic drugs flation and will supplement appropriated curring within 2 years of the current good which provided more than $824 billion in sav- funding from Congress as described further manufacturing practice (CGMP) evaluation ings to the nation’s health care system in below. the last decade alone. The additional re- II. It is estimated that FDA will receive for a pending application, 3 years for an ac- tive pharmaceutical ingredient (API) site or sources called for under the agreement, an the funding through approximately 750 ab- a control testing laboratory, and 4 years for inflation adjusted $299 million annually for breviated new drug applications (ANDAs) per a packaging-only site. There are exceptions each of the five years of the program, will year submitted electronically, approxi- to this general practice, which are usually provide FDA with the ability to perform mately 750 prior approval supplements related to the nature of the drug being proc- critical program functions that could not (PASs) approximately 350 newly referenced essed or the complexity of the associated otherwise occur. This program is not ex- drug master files (DMFs) per year and processing operations. FDA intends to con- pected to add significantly to the cost of ge- through approximately 2000 facilities associ- tinue the practice of using a risk-based as- neric drugs: given that a reported 3.99 billion ated with ANDAs. While the total revenue sessment in determining the length of time retail prescriptions per year were dispensed collected can be defined in advance and is since the last inspection, guided by a 2-year in the United States in 2010, and assuming constant as the resourcing level must be con- that 78% of these prescriptions were filled by cycle for finished dosage product sites and a stant, the individual fee will be determined 3-year cycle for API sites and consideration generic drugs, it equates to less than a dime each year based on the variability of the fee per prescription for the average cost of a pre- of the type of finished product or API in the source. application. Practically, this means that in scription filled by a generic drug in the III. Over the five year course of the pro- making decisions about pending applications United States. Moreover, with the adoption gram, there will be no significant changes in for which FDA does not have current inspec- of user fees and the associated savings in de- the generic drug facility inventory, either in tion information within the time period indi- velopment time, the overall expense of terms of general number of facilities, or the cated, FDA may use previous FDA inspec- bringing a product to market may decline foreign and domestic facility split. tion information and/or use inspection infor- and result in reduced costs. IV. FDA will have streamlined hiring au- mation from another regulatory authority as In addition to the public health benefits thority for all GDUFA-related positions outlined above, the program described in this appropriate. prior to or concurrent with the implementa- XI. FDA will strive to review and act on all letter is expected to provide significant tion date of the program. ANDAs that are submitted on the first day value to small companies and first time en- V. FDA expects the program will be imple- that any valid Paragraph IV application for trants in the generic market who will benefit mented starting on the first day of Fiscal the drug in question is submitted within 30 significantly from the certainty associated Year 2013, October 1, 2012 and continue for months of submission to avoid causing first with performance review metrics that offer five years, with the joint expectation that applicants to inadvertently forfeit 180-day the potential to dramatically reduce the the program will be continued at the end of exclusivity eligibility under 21 U.S.C. time needed to commercialize a generic drug five years under terms to be negotiated be- § 355(j)(5)(D)(i)(IV). when compared to pre-GDUFA review times. fore the end of FY 2017. XII. Because the agreed generic drug user In addition, the variety of funding sources VI. Industry and FDA will populate and fee program is intended to be additive to for the program will assure that participants maintain databases as necessary for facili- budget appropriations, agreed upon legisla- in the generic drug industry, whether fin- ties, fee assessments, efficiency and other tive language will require that annual pro- ished dosage form (FDF) manufacturers or enhancements as described further below and gram appropriations from Congress must be Active Pharmaceutical Ingredient (API) as needed to support the Generic Drug User equal to or exceed the FDA appropriation for manufacturers appropriately share the finan- Fee Act. Because certain databases to imple- FY 2009. cial expense and benefits of the program. ment this program will need to be built, and XIII. In order to generate the agreed upon Given that the total amount of annual user existing systems need to be expanded or levels of user fee funding to achieve the en- fee funding is expected to be derived from a modified, industry will submit necessary in- closed performance goals, metrics and broad funding source, including an estimated formation in electronic format to FDA using efficicienies, legislative language will re- 2000 FDF and API facilities supporting Ab- appropriate standards to be specified by the quire that approximately 70% of GDUFA fees breviated New Drug Applications (ANDAs), agency or as specified in statute. shall be derived from facility fees (for facili- as well as approximately 750 ANDAs, 750 VII. FDA will aspire to the extent possible ties producing or pending review to produce prior approval supplements (PASs) and 350 to maintain levels of productivity at least active pharmaceutical ingredients or fin- Type II Active Pharmaceutical Drug Master similar to pre-GDUFA levels, while hiring ished dosage forms for a generic drug appli- Files (DMFs) annually, user fees are ex- and training incremental staff necessary to cation), approximately 30% of GDUFA fees pected to provide a measurable return on in- achieve the program performance goals, shall be derived from application fees (DMF vestment related to predictability of inspec- building necessary systems and imple- Fees and ANDA and PAS (Prior Approval tion, and review timelines. The program’s menting outlined program changes in years 1 Supplement) Fees). As discussed and agreed goals of ensuring FDA has necessary re- and 2 of the program (see goals for years 3– by the various industry business segments, sources to conduct needed inspections as 5 metrics). overall fees will be divided 80 percent to 20 part of the complete review framework and VIII. FDA will utilize a complete review percent between the finished dosage form achieve parity of Good Manufacturing Prac- standard (as defined below), will aspire to (FDF) and API and manufacturers, respec- tice (GMP) inspections for foreign and do- hold first cycle deficiency teleconferences tively in industry. In the first year of the

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8290 CONGRESSIONAL RECORD — SENATE December 20, 2012 program, $50 million of the total GDUFA cants easily correctable deficiencies found in FDA will issue a letter detailing all identi- user fee funding shall be generated by a one the ANDA and will utilize an approach simi- fied deficiencies, rather than discipline spe- time backlog fee for ANDAs pending (except lar to the NDA review process whereby FDA cific letters, for all DMFs including those for ANDAs that are pending but have re- uses telephone information requests to ad- under review at the time of enactment of the ceived tentative approval) on October 1, 2012. dress easily correctable deficiencies during implementing legislation. XIV. For appeals of decisions concerning the review process before and after issuance The DMF deficiency letters will reflect full procedural or scientific matter involving re- of complete response letters. division-level deficiency review of defi- view of pending ANDAs, ANDA amendments When requested by the ANDA sponsor ciencies from all relevant review disciplines, and ANDA supplements FDA will aspire that within 10 business days of FDA issuing a first including inspections, and address other the response to appeals of decisions will cycle complete response letter, as provided matters relating to the DMF review such as occur within 30 calendar days of OGD receipt by the sponsor in a written request that out- consults with other agency components of the written appeal when possible, though lines specific written questions the applicant (these will be subsumed into the DMF no reportable performance goals are re- would like to discuss (limited to the content metrics). quired. of the letter), FDA will schedule a 30 minute FDA reviewers will make every reasonable Note: If these assumptions differ signifi- teleconference to clarify issues and answer effort to communicate promptly to appli- cantly from actuality, FDA may not be able questions. Priority for such teleconferences cants easily correctable deficiencies found in to achieve the goals and efficiency enhance- will be given to expedited and first major the DMF and will continue to utilize an ap- ments outlined in this goals letter, despite amendment applications. Although FDA will proach similar to the NDA review process the supplemental funding provided by the begin to develop procedures and tracking whereby FDA uses telephone information re- program. systems for such teleconferences coincident quests to address easily correctable defi- SUMMARY OF MAJOR PROGRAM GOALS with the start of the program, there will be ciencies during the review process before and INCLUDING FIVE YEAR GOALS no teleconference goals for the first two after issuance of complete response letters. Major Program (including 5 year) goals can years of the program although FDA will as- When requested by a DMF holder within 10 be summarized as follows: pire to conduct such teleconferences as re- business days of FDA issuing a first cycle Note that FDA agrees to additional 5 year quested when reportable performance goals DMF deficiency letter, as provided by the goals, as set forth later in this goals letter, are not otherwise required. In the first two DMF holder in a written request that out- such as goals on amendments, controlled years, FY 2013 and FY 2014, FDA would as- lines specific written questions the DMF correspondence, and prior approval supple- pire to hold teleconferences with industry to holder would like to discuss (limited to the ments, as well as goals for years prior to address complete response questions at a content of the letter), FDA will schedule a 30 year 5 of the program. The goals summarized level similar to pre-GDUFA levels. Subse- minute teleconference with a limit of one in this section are a subset of the complete quently, the goals for number of reportable teleconference per DMF holder per month, year 5 goals, and are intended simply to il- teleconferences (although FDA may conduct with the total number of teleconferences not lustrate the scope of the program. more such teleconferences) will be: to exceed the number of teleconferences for Application metrics—For Abbreviated New Closing out the teleconference request for ANDAs, a teleconference to clarify issues Drug Applications (ANDAs) in the year 5 co- 200 meetings in FY 2015; and answer questions. Priority for such tele- hort, FDA will review and act on 90 percent Closing out the teleconference request for conferences will be given to DMFs referenced of complete electronic ANDAs within 10 250 meetings in FY 2016; in expedited and first major deficiency appli- months after the date of submission. Certain Closing out the teleconference request for cations. Although FDA will begin to develop amended applications may have differing 300 meetings in FY 2017. procedures and tracking systems for such metrics as discussed below. FDA will develop enhanced refusal to re- teleconferences coincident with the start of Backlog metrics—FDA will review and act ceive standards for ANDAs and other related the program, there will be no teleconference on 90 percent of all ANDAs, ANDA amend- submissions by the end of year 1 of the pro- goals for the first two years of the program ments and ANDA prior approval supplements gram and will publish such standards in ad- although FDA will aspire to conduct such regardless of current review status (whether vance of implementation. teleconferences as requested when reportable electronic, paper, or hybrid) pending on Oc- For ANDAs in the year 1 and 2 cohorts, performance goals are not otherwise re- tober 1, 2012 by the end of FY 2017. FDA will expedite review of Paragraph IV quired. In the first two years, FY 2013 and CGMP Inspection metrics—FDA will conduct applications that are submitted on the first FY 2014, FDA would aspire to hold telecon- risk-adjusted biennial CGMP surveillance in- day that any valid Paragraph IV application ferences with industry to address DMF defi- spections of generic API and generic finished for the drug in question is submitted. Expe- ciency questions at a level similar to pre- dosage form (FDF) manufacturers, with the dited review will be implemented consistent GDUFA levels (although FDA may conduct goal of achieving parity of inspection fre- with existing procedure for expediting appli- more such teleconferences). quency between foreign and domestic firms cations as set forth in CDER’s MAPP 5240.3, Once a DMF has undergone a complete re- in FY 2017. and will also include those applications that view and the ANDA referencing same is ei- Efficiency Enhancements—FDA will imple- become eligible for approval during the re- ther approved or tentatively approved—at ment various efficiency enhancements dis- view period as a result of no blocking such time there being no further outstanding cussed below on October 1, 2012 or upon en- exclusivities, patent(s) and/or applicable deficiencies to the DMF—FDA will issue the actment of the program, whichever is later. stays based on appropriate documentation DMF holder a letter to indicate that the Regulatory Science—FDA will continue, and submitted. DMF does not have any further open matters for some topics begin undertaking various Review metric goals (described below) only as part of the review associated with the ref- regulatory science initiatives discussed apply to submissions made electronically, erencing ANDA. below on October 1, 2012 or upon enactment following the eCTD format in effect at the C. INSPECTION EFFICIENCY ENHANCEMENTS date of submission. of the program, whichever is later, focusing To maximize the number of applications Backlog review metric goals (described first on the initiatives discussed below and that can be reviewed within the metric goals below) apply to all ANDA applications, with additional initiatives to be identified and to assist in securing the pharmaceutical amendments, and supplements regardless of with input from an industry working group. supply chain, FDA will employ a risk-ad- Details follow. current review status in the queue as of Oc- justed biennial CGMP surveillance inspec- tober 1, 2012, regardless of whether they were 2. EFFICIENCY ENHANCEMENTS TO BE tion model for inspection of generic API and submitted in paper, electronic, or hybrid for- UNDERTAKEN ON OCTOBER 1, 2012, OR FDF manufacturers, with the goal of achiev- mat. UPON ENACTMENT OF THE PROGRAM, ing parity of inspection frequency between WHICHEVER IS LATER B. DRUG MASTER FILE (DMF) REVIEW EFFICIENCY foreign and domestic establishments in FY A. ANDA REVIEW EFFICIENCY ENHANCEMENTS ENHANCEMENTS 2017 and will prioritize inspections of estab- Starting on October 1, 2012 or upon enact- After the program’s implementation date, lishments associated with ANDAs that are ment of the program, whichever is later, upon payment of the DMF fee by DMF hold- otherwise approvable or eligible for ten- FDA will issue complete response letters, ers anticipating reference by a generic drug tative approval except for an outstanding in- rather than discipline specific letters, for all manufacturer, FDA will conduct a complete- spection, as well as establishments that have ANDAs, including those pending on October ness assessment of Type II API DMFs. Fol- not been inspected previously. 1, 2012. lowing a satisfactory completeness assess- FDA will make inspection classification Complete response letters will reflect full ment, FDA will deem the DMF available for results and date of the last facility inspec- division-level review of deficiencies from all reference, placing the DMF number in a pub- tion available to the public and industry on relevant review disciplines, including inspec- licly available list of Type II API DMFs FDA’s website on timely basis. tions, and address other matters relating to available for reference. During the five years of the program, FDA the ANDA and associated DMFs as well as Review metric goals (described below) will will undertake a study of foreign govern- consults with other agency components only apply to Type II API DMFs submitted ment regulator inspections (CGMP and bio- (these will be subsumed into the application after the program’s implementation date, if equivalence), report findings publicly, and metrics). they are submitted electronically. Elec- develop a program to utilize foreign inspec- FDA reviewers will make every reasonable tronic DMFs will follow the eCTD format in tion classifications when and where appro- effort to communicate promptly to appli- effect at date of submission. priate.

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D. OTHER EFFICIENCY ENHANCEMENTS Subsequent amendments pre Complete Re- missions within 6 months from the date of FDA will develop new and/or enhance ex- sponse Letter also adjust the goal date for submission for the year 5 cohort. isting facility databases (API and FDF man- the application and are additive. Except that if any Tier 1 amendment re- ufacturing and clinical/ bioequivalence site) An amendment post Complete Response quires an inspection, the goal shall be 10 to be populated by industry. These databases Letter sets a new goal date for the applica- months. will, at a minimum, contain information for tion. Tier 2 amendment goals: FDA will review and act on 60 percent of generics-related firms, including addresses Subsequent amendments post Complete amendment submissions within 12 months and Data Universal Numbering System Response Letter also adjust the goal date for from the date of submission for the year 3 (DUNS) numbers, and will link facilities to the application and are additive. cohort. DMFs and ANDAs and will contain other in- Delaying amendments or amendments con- taining information that FDA would other- FDA will review and act on 75 percent of formation as necessary. amendment submissions within 12 months FDA will develop a current chemistry wise ask for as a result of post ANDA sub- from the date of submission for year 4 co- manufacturing and controls (CMC) records mission reference listed drug changes do not hort. database to aid in the efficiency of review add to the count of amendments. FDA will review and act on 90 percent of and inspection. If any amendment contains multiple ele- amendment submissions within 12 months FDA will develop and issue electronic data ments, the longest goal date shall apply. from the date of submission for the year 5 submission standards. Amendments shall be grouped as Tier 1, cohort. Because certain databases to implement Tier 2 or Tier 3. FDA agrees that unsolicited Tier 3 amendment goals: this program will need to be built, and exist- amendments that are submitted to a pending There will be no GDUFA metrics for tier 3 ing systems need to be expanded or modified, ANDA that are neither Tier 1, Tier 2 or Tier amendments. industry will submit necessary information 3 amendments, but rather are routine or ad- Review of Complete Prior Approval Sup- in electronic format to FDA using appro- ministrative in nature and do not require plements (PASs) (Certain amended PASs priate standards to be specified by the agen- scientific review (e.g., requests for final may have differing metrics as discussed cy or as specified in statute. ANDA approval, patent amendments, general above in the Amendment Review section). 3. REGULATORY SCIENCE INITIATIVES correspondence, and USP monograph up- FDA will review and act on 60 percent of A. WORKING GROUP dates), will not lengthen or impact the origi- PASs not requiring inspection within 6 months from the date of submission for re- FDA will convene a working group and nal review goal date. ceipts in FY 2015; FDA will review and act on consider suggestions from industry and other Tier 1 amendments include: 60 percent of PASs requiring inspection with- stakeholders to develop an annual list of reg- All solicited first major and the first five in 10 months from the date of submission for ulatory science initiatives for review by minor amendments receipts in FY 2015. CDER Director. All unsolicited amendments indicated by sponsor and agreed by FDA to be a result of FDA will review and act on 75 percent of B. FY 2013 PLAN either delaying actions as determined by PASs not requiring inspection within 6 The FY 2013 plan is appended. FDA’s Office of Generic Drugs taking into months from the date of submission for re- 4. METRIC GOALS/MEASUREMENTS account the facts and information supplied ceipts in FY 2016; FDA will review and act on A. HUMAN RESOURCES METRICS by the ANDA applicant or that otherwise 75 percent of PASs requiring inspection with- in 10 months from the date of submission for FDA will hire and train at least 25 percent would eventually be solicited. Tier 2 amendments include: receipts in FY 2016. of incremental staff in FY 2013, 50 percent in FDA will review and act on 90 percent of All unsolicited amendments not arising FY 2014 and will strive to complete GDUFA- PASs not requiring inspection within 6 from delaying actions as determined by funded human resources hiring goals in FY months from the date of submission for re- FDA’s Office of Generic Drugs taking into 2015 as necessary to achieve the program’s ceipts in FY 2017; FDA will review and act on account the facts and information supplied performance metrics and goals. 90 percent of PASs requiring inspection with- by the ANDA applicant excepting those B. ANDA, ANDA AMENDMENT, AND ANDA PRIOR in 10 months from the date of submission for amendments which only remove information APPROVAL SUPPLEMENT REVIEW METRICS AND receipts in FY 2017. DMF REVIEWS AS SUBSUMED IN EACH for review. Tier 3 amendments include: C. CONTROLLED CORRESPONDENCE METRICS ANDAs will be categorized according to co- Any solicited major amendment subse- Controlled Correspondence hort year. quent to the first major amendment FDA will respond to 70 percent of con- Once an ANDA is in a given year’s cohort, Any solicited minor amendment subse- trolled correspondence in 4 months from date dates of submission of a subsequent amend- quent to the fifth minor amendment of submission in FY 2015. ment will not change the cohort year. Re- FDA will respond to 70 percent of con- Tier 1 amendment goals: gardless of the year in which an amendment trolled correspondence in 2 months from date First major amendment is submitted, any additional time periods to of submission in FY 2016. FDA will review and act on 60 percent of be added to the base review period will be FDA will respond 90 percent of controlled first major amendment submissions within calculated using the time periods cor- correspondence in 2 months from date of sub- 10 months from the date of submission for responding to the original cohort year. mission in FY 2017. the year 3 cohort. Original (complete) ANDA Review (Certain If the controlled correspondence requires FDA will review and act on 75 percent of amended applications may have differing input from the clinical division, one addi- first major amendment submissions within metrics as discussed below.) tional month will be added to the goals out- FDA will review and act on 60 percent of 10 months from the date of submission for lined above. original ANDA submissions within 15 months the year 4 cohort. In the case of controlled correspondence from the date of submission for the year 3 FDA will review and act on 90 percent of which raises an issue or question that is the cohort. first major amendment submissions within same as or related to the issue or question FDA will review and act on 75 percent of 10 months from the date of submission for that is the subject of one or more pending original ANDA submissions within 15 months the year 5 cohort. citizen petitions, or petitions for stay or re- from the date of submission for the year 4 Minor amendments (first—third) consideration, the above goals will apply cohort. FDA will review and act on 60 percent of from the date FDA issues responses to the FDA will review and act on 90 percent of first through third minor amendment sub- pending petitions. original ANDA submissions within 10 months missions within 3 months from the date of D. CGMP INSPECTION METRICS submission for the year 3 cohort. from the date of submission for the year 5 FDA will conduct risk-adjusted biennial FDA will review and act on 75 percent of cohort. CGMP surveillance inspections of generic first through third minor amendment sub- For ANDAs in the year 1 and 2 cohorts, API and generic finished dosage form (FDF) missions within 3 months from the date of FDA will expedite review of Paragraph IV manufacturers, with the goal of achieving submission for year 4 cohort. applications that are submitted on the first parity of inspection frequency between for- FDA will review and act on 90 percent of day that any valid Paragraph IV application eign and domestic firms in FY 2017. for the drug in question is submitted. first through third minor amendment sub- E. BACKLOG METRICS Amendment Review missions within 3 months from the date of All amendment metric goals are incre- submission for the year 5 cohort. FDA will review and act on 90 percent of mental, and the time periods specified are Minor amendments (fourth—fifth) all ANDAs, ANDA amendments, and ANDA calculated from the date of submission. They FDA will review and act on 60 percent of prior approval supplements regardless of cur- will be added to the original review goal, but fourth through fifth minor amendment sub- rent review status (whether electronic, in no case shall they shorten the original missions within 6 months from the date of paper, or hybrid) pending on October 1, 2012 goal date. (In other words, an amendment submission for the year 3 cohort. by the end of FY 2017. with a 6 month metric which was submitted FDA will review and act on 75 percent of DEFINITIONS 4 months prior to original goal date would fourth through fifth minor amendment sub- For the purposes of this goals letter: add 2 months to the review clock). missions within 6 months from the date of Act on an application—means FDA will ei- An amendment pre Complete Response submission for year 4 cohort. ther issue a complete response letter, an ap- Letter adjusts the goal date for the original FDA will review and act on 90 percent of proval letter, a tentative approval letter for application. fourth through fifth minor amendment sub- an ANDA, or a refuse to receive action.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8292 CONGRESSIONAL RECORD — SENATE December 20, 2012 Active pharmaceutical ingredient—means (A) AboutFDA/CentersOffices/CDER/ucm downloads/Drugs/ a substance, or a mixture when the sub- 120610.htm. Controlled correspondence does GuidanceComplianceRegulatoryInformation/ stance is unstable or cannot be transported not include citizen petitions, petitions for re- Guidances/ucm072888.pdf on its own, intended to be used as a compo- consideration or requests for stay. Parity—in reference to inspections, as be- nent of a drug and intended to furnish phar- DMF or Type II Active Pharmaceutical Ingre- tween foreign and domestic facilities, means macological activity or other direct effect in dient Drug Master File—means a submission inspection at an equal frequency plus or the diagnosis, cure, mitigation, treatment, of information to the Secretary by a person minus 20 percent with comparable depth and or prevention of disease, or to affect the that intends to authorize the Food and Drug rigor of inspection. structure or any function of the human body; Administration to reference the information Refuse to receive—means refusal to file an or (B) a substance intended for final crys- to support approval of a generic drug submis- application. See 21 CFR 314.101 and http:// tallization, purification, or salt formation, sion without the submitter having to dis- www.fda.gov/downloads/Drugs/ or any combination of those activities, to be- close the information to the generic drug GuidanceComplianceRegulatoryInformation/ come the final active pharmaceutical ingre- submission applicant. Guidances/UCM080561.pdf1993 dient as defined in paragraph (A). Electronic—refers to submissions in an all Solicited amendment—an amendment sub- Backlog—refers to the queue of pending electronic eCTD format in effect at the date mitted in response to a Complete Response ANDAs, ANDA amendments and ANDA sup- of submission. letter. plements pending as of October 1, 2012. Expedited review of application—While gen- Submission date—is the date an ANDA, Delaying amendments—refers to amend- erally, review of original ANDAs, ANDA ANDA amendment, ANDA supplement, or ments to an ANDA from the ANDA sponsor amendments and ANDA supplements are re- Type II active pharmaceutical drug master to address actions by a third party that viewed in the order received, (first-in, first- file arrives in the appropriate electronic por- would cause delay or impede application re- reviewed), certain applications may be iden- tal of the FDA. view or approval timing and that were not or tified at the date of submission for expedited Prior Approval Supplements—A prior ap- may not have been initially recognized by review, as described in CDER’s MAPP 5240.3. proval supplement is a submission to allow a FDA as necessary when the application was (See http://www.fda.gov/downloads/AboutFDA/ company to make a change in a product that first submitted. FDA’s Office of Generic CentersOffices/CDER/ already has an approved ANDA. CDER must Drugs shall have broad discretion to deter- ManualofPoliciesProcedures/ucm079787.pdf) approve all important ANDA changes (in mine what constitutes a delaying event which includes expedited review of the origi- packaging or ingredients, for instance) to en- caused by actions generally outside of the nal submission and amendment(s) associated sure the conditions originally set for the applicants control taking into account facts with the expedited review qualifying applica- product are still met. (Source: http:// and information supplied by the ANDA spon- tion. Products to respond to current and an- www.fda.gov/Drugs/InformationOnDrugs/ sor. ticipated public health emergencies, prod- ucm079436.htm#S) Closing out a request for a first cycle review ucts under special review programs, such as Unsolicited amendment—an amendment teleconference—means: 1) holding the tele- the President’s Emergency Plan for AIDS with information not requested by the FDA conference; or 2) responding to questions in Relief (PEPFAR), products for which a na- except for those unsolicited amendments the sponsor’s teleconference request in writ- tionwide shortage has been identified, and considered routine or administrative in na- ing in lieu of holding the teleconference. first generic products for which there are no ture and that do not require scientific review Cohort—The program is structured based blocking patents or exclusivities on the ref- (e.g., requests for final ANDA approval, pat- on 5 cohorts of submission dates (original erence listed drug currently may qualify for ent amendments, general correspondence, ANDAs, PASs and DMFs), corresponding to expedited review. For ANDAs in the year 1 and USP monograph updates). the five fiscal years to be covered by the pro- and 2 cohorts, FDA will expedite review of FY 2013 REGULATORY SCIENCE PLAN gram. The year 1 cohort refers to the dates Paragraph IV applications that are sub- of submissions made electronically in FY mitted on the first day that any valid Para- Topic 1: Bioequivalence of local acting 2013 (October 1, 2012 to September 30, 2013). graph IV application for the drug in question orally inhaled drug products The year 2 cohort refers to the dates of sub- is submitted. Impact: Continue to develop new and im- missions made electronically in FY 2014 (Oc- Facility—means business or other entity proved PD endpoints and study designs or es- tober 1, 2013 to September 30, 2014). The year under one management either direct or indi- tablishment of alternative approaches to en- 3 cohort refers to the dates of submissions rect and at one geographic location or ad- sure equivalent local delivery of orally in- made electronically in FY 2015 (October 1, dress engaged in manufacturing or proc- haled drug product to the lung would lead to 2014 to September 30, 2015). The year 4 cohort essing an active pharmaceutical ingredient more efficient development of generic prod- refers to submissions made electronically in or a finished dosage form, but does not in- ucts in a sector that lacks any generic com- FY 2016 (October 1, 2015 to September 30, clude a business or other entity whose only petition 2016). The year 5 cohort refers to submissions manufacturing or processing activities are Topic 2: Bioequivalence of local acting top- made electronically in FY 2017 (October 1, one or more of the following: repackaging, ical dermatological drug products 2016 to September 30, 2017). relabeling, or testing. For purposes of this Impact: Continue developing new bio- Complete response letter—refers to a written definition, separate buildings within close equivalence methods in order to reduce the communication to an applicant or DMF proximity are considered to be at one geo- need for relatively insensitive clinical end- holder from FDA usually describing all of graphic location or address if the activities point bioequivalence studies. Development of the deficiencies that the agency has identi- in them are closely related to the same busi- in vitro release tests or other product char- fied in an abbreviated application (including ness enterprise, under the supervision of the acterization to ensure consistent drug re- pending amendments) or a DMF that must same local management, and are capable of lease or product performance be satisfactorily addressed before the ANDA being inspected by the Food and Drug Ad- Topic 3: Bioequivalence of local acting can be approved. Complete response letters ministration during a single inspection. gastro-intestinal drug products will reflect a complete review and will re- Finished Dosage Form—means (A) a drug Impact: Developing new bioequivalence quire a complete response from industry to product in the form in which it will be ad- methods for direct measurement of drug con- restart the clock. Refer to 21 CFR 314.110 and ministered to a patient, such as a tablet, centrations in the GI tract and establishing http://www.fda.gov/Drugs/ capsule, solution, or topical application; (B) better correlations between pharmacokinetic GuidanceComplianceRegulatoryInformation/ a drug product in a form in which reconstitu- measurements and GI concentration would LawsActsandRules/ucm084138.htm for addi- tion is necessary prior to administration to allow more efficient demonstration of bio- tional details. When a citizen petition may a patient, such as oral suspensions or equivalence than by clinical endpoint stud- impact the approvability of the ANDA, FDA lyophilized powders; or (C) any combination ies. will strive to address, where possible, valid of an active pharmaceutical ingredient, as Topic 4: Quality by design of generic drug issues raised in a relevant citizen petition in defined in paragraph (m)(2), with another products the complete response letter. If a citizen pe- component of a drug product for purposes of Impact: Continue developing science-based tition raises an issue that would delay only production of such a drug product. recommendations for product development, part of a complete response, a response that First major deficiency application—means an raw material, APIs and process controls, and addresses all other issues will be considered ANDA which has been issued its first com- life-cycle management of complex dosage a complete response. plete response letter classified as having forms (e.g. orally inhaled drug products and Complete review—refers to a full division- major deficiency(ies). modified-release dosage forms) level review from all relevant review dis- Generic Drug Program—refers to all agency Topic 5: Modeling and simulation ciplines, including inspections, and includes activities related to the determination of ap- Impact: Modeling and simulation (includ- other matters relating to the ANDA and as- provability of an ANDA. ing in-vitro and in-vivo correlations) is es- sociated DMFs as well as consults with other Major and minor amendments—All ref- sential to efficient implementation of qual- agency components. erences to ‘‘major’’ and ‘‘minor’’ amend- ity by design and can help to identify and Controlled correspondence—FDA’S Office of ments in this goals letter are intended to eliminate unneeded in-vitro and/or in-vivo Generic Drugs provides assistance to phar- refer to the distinctions that FDA described studies. Models (PK/PD, exposure-response, maceutical firms and related industry re- in its Guidance for Industry: Major, Minor, clinical use simulation) support generic drug garding a variety of questions posed as ‘‘con- Telephone Amendments to Abbreviated New evaluation policies especially for NTI drugs trolled documents.’’ See http://www.fda.gov/ Drug Applications. See http://www.fda.gov/ and complex products.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8293 Topic 6: Pharmacokinetic studies and eval- vestigations and post-marketing data collec- 2. Review and act on 70 percent of resub- uation of anti-epileptic drugs tion. mitted original biosimilar biological product Impact: Improving public confidence in Topic 12: Physicochemical characteriza- applications within 6 months of receipt. bioequivalent generic epilepsy drugs. tion of complex drug substances FY 2014 Topic 7: Excipient effects on permeability Impact: Developing analytical methods for and absorption of BCS Class 3 Drugs demonstrating pharmaceutical equivalence 1. Review and act on 70 percent of original Impact: Extension of biowaivers to BCS for complex drug substances (non-small mol- biosimilar biological product application Class 3 Drugs and eliminating the need for ecules) characterized by natural source ori- submissions within 10 months of receipt. unnecessary in vivo bioequivalence studies gin, polydisperse mixture, and/or 2. Review and act on 70 percent of resub- Topic 8: Product- and patient-related fac- supramolecular structure, and therefore ex- mitted original biosimilar biological product tors affecting switchability of drug-device panding the boundary of the generic drug applications within 6 months of receipt. combination products (e.g., orally inhaled program for these complex drug products and nasal drug products and injection drug Topic 13: Develop a risk-based under- FY 2015 products) standing of potential adverse impacts to 1. Review and act on 80 percent of original Impact: Establishing a systematic, drug product quality resulting from changes biosimilar biological product application science- and risk-based approach to ensure in API manufacturing and controls. submissions within 10 months of receipt. device switchability, and improving the pa- Impact: The ability to predict the poten- 2. Review and act on 80 percent of resub- tient’s compliance and acceptability of ge- tial impacts of manufacturing changes on mitted original biosimilar biological product neric devices product quality will allow manufacturers to applications within 6 months of receipt. Topic 9: Postmarketing surveillance of ge- target assessments and controls on high-risk neric drug usage patterns and adverse areas for regulators to focus their reviews on FY 2016 events. these areas too. 1. Review and act on 85 percent of original Impact: Improved data collection about FY 2014 REGULATORY SCIENCE PRELIMINARY biosimilar biological product application usage patterns (which strengths are used in TOPICS FOR CONSIDERATION submissions within 10 months of receipt. which populations, extent of switchability, back switches to RLD products, medication In addition to those topics to be identified 2. Review and act on 85 percent of resub- errors) will be fed back into regulatory pol- by the Working Group described in section mitted original biosimilar biological product icy development including those for 3.A of this letter, topics will include rec- applications within 6 months of receipt. excipients and impurities. Baseline data col- ommendations for draft guidances to clarify FY 2017 lection on adverse event reports on switch- FDA recommendations with regard to com- 1. Review and act on 90 percent of original ing to an authorized generic would improve plex product development and to help limit biosimilar biological product application the ability to investigate reports. deficiencies in applications. Topic 10: Evaluation of drug product phys- BIOSIMILAR BIOLOGICAL PRODUCT AU- submissions within 10 months of receipt. ical attributes on patient acceptability THORIZATION PERFORMANCE GOALS 2. Review and act on 90 percent of resub- Impact: Laboratory and human studies on AND PROCEDURES FOR FISCAL YEARS mitted original biosimilar biological product physical attributes such as tablet size, 2013 THROUGH 2017 applications within 6 months of receipt. shape, coating, odor perception (residual sol- FDA proposes the following goals contin- B. Supplements with Clinical Data vents), score configuration, taste masking or gent on the allocation of resources for each color on the ability of patient to use (for ex- of the fiscal years 2013–2017 of at least the in- 1. Review and act on 90 percent of original ample swallow) or perceive quality (for ex- flation-adjusted value of $20 million in non- supplements with clinical data within 10 ample smell) will allow OGD to provide bet- user fee funds, plus collections of biosimilar months of receipt. ter guidance to applicants on how these user fees, to support the process for the re- 2. Review and act on 90 percent of resub- physical attributes should be controlled and view of biosimilar biological applications. mitted supplements with clinical data with- compared to the RLD. I. REVIEW PERFORMANCE GOALS in 6 months of receipt. Topic 11: Postmarking assessment of ge- A. Biosimilar Biological Product Application neric drugs and their brand-name counter- C. Original Manufacturing Supplements Submissions and Resubmissions parts 1. Review and act on 90 percent of manu- Impact: Stronger public confidence in ge- FY 2013 facturing supplements within 6 months of re- neric drugs because of pro-active responses 1. Review and act on 70 percent of original ceipt. to product concerns. An integrated response biosimilar biological product application to product concerns involving laboratory in- submissions within 10 months of receipt. D. Goals Summary Tables ORIGINAL AND RESUBMITTED APPLICATIONS AND SUPPLEMENTS

Performance goal Submission cohort 2013 2014 2015 2016 2017

Original Biosimilar Biological Product Application Submissions ... 70% in 10 months of the re- 70% in 10 months of the re- 80% in 10 months of the re- 85% in 10 months of the re- 90% in 10 months of the re- ceipt date. ceipt date. ceipt date. ceipt date. ceipt date Resubmitted Original Biosimilar Biological Product Applications 70% in 6 months of the receipt 70% in 6 months of the receipt 80% in 6 months of the receipt 85% in 6 months of the receipt 90% in 6 months of the receipt date. date. date. date. date

Original Supplements with Clinical Data ...... 90% in 10 months 5. FDA will notify the applicant of sub- the individual biosimilar biological product of the receipt stantive review issues prior to the goal date application. date for 90% of applications. 4. The planned review timeline will be Resubmitted Supplements with Clinical Data ...... 90% in 6 months of based on the application as submitted. the receipt date B. Notification of Planned Review Timelines 5. FDA will inform the applicant of the Manufacturing Supplements ...... 90% in 6 months of 1. Performance Goal: For original bio- planned review timeline for 90% of all appli- the receipt date similar biological product applications and cations and supplements with clinical data. supplements with clinical data, FDA will in- 6. In the event FDA determines that sig- II. FIRST CYCLE REVIEW PERFORMANCE form the applicant of the planned timeline nificant deficiencies in the application pre- A. Notification of Issues Identified during the for review of the application. The informa- clude discussion of labeling, postmarketing Filing Review tion conveyed will include a target date for requirements, or postmarketing commit- 1. Performance Goal: For original bio- communication of feedback from the review ments by the target date identified in the similar biological product applications and division to the applicant regarding proposed planned review timeline (e.g., failure to dem- supplements with clinical data, FDA will re- labeling, postmarketing requirements, and onstrate a biosimilar biological product is port substantive review issues identified dur- postmarketing commitments the Agency highly similar to the reference product, sig- ing the initial filing review to the applicant will be requesting. nificant safety concern(s), need for a new by letter, teleconference, facsimile, secure e- study(ies) or extensive re-analyses of exist- 2. The planned review timeline will be in- mail, or other expedient means. ing data before approval), FDA will commu- 2. The timeline for such communication cluded with the notification of issues identi- nicate this determination to the applicant in will be within 74 calendar days from the date fied during the filing review, within 74 cal- accordance with GRMPs and no later than of FDA receipt of the original submission. endar days from the date of FDA receipt of the target date. In such cases the planned re- 3. If no substantive review issues were the original submission. view timeline will be considered to have been identified during the filing review, FDA will 3. The planned review timelines will be met. Communication of FDA’s determina- so notify the applicant. consistent with the Guidance for Review tion may occur by letter, teleconference, fac- 4. FDA’s filing review represents a prelimi- Staff and Industry: Good Review Manage- simile, secure e-mail, or other expedient nary review of the application and is not in- ment Principles and Practices for PDUFA means. dicative of deficiencies that may be identi- Products (GRMPs), taking into consider- 7. To help expedite the development of bio- fied later in the review cycle. ation the specific circumstances surrounding similar biological products, communication

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of the deficiencies identified in the applica- previously (during the BPD phase) and has VI. SPECIAL PROTOCOL QUESTION ASSESSMENT tion will generally occur through issuance of received tentative acceptance. AND AGREEMENT a discipline review (DR) letter(s) in advance c) If the proprietary name is found to be A. Procedure: Upon specific request by a of the planned target date for initiation of unacceptable, the sponsor can request recon- sponsor (including specific questions that discussions regarding labeling, post- sideration by submitting a written rebuttal the sponsor desires to be answered), the marketing requirements, and postmarketing with supporting data or request a meeting Agency will evaluate certain protocols and commitments the Agency may request. within 60 days to discuss the initial decision related issues to assess whether the design is 8. If the applicant submits a major amend- (meeting package required). adequate to meet scientific and regulatory ment(s) (refer to Section VIII.B for addi- d) If the proprietary name is found to be requirements identified by the sponsor. tional information on major amendments) unacceptable, the above review performance 1. The sponsor should submit a limited and the review division chooses to review goals apply to the written request for recon- number of specific questions about the pro- such amendment(s) during that review cycle, sideration with supporting data or the sub- tocol design and scientific and regulatory re- the planned review timeline initially com- mission of a new proprietary name. quirements for which the sponsor seeks municated (under Section II.B.1 and 2) will e) A complete submission is required to agreement (e.g., are the clinical endpoints generally no longer be applicable. Consistent begin the review clock. with the underlying principles articulated in adequate to assess whether there are clini- IV. MAJOR DISPUTE RESOLUTION the GRMP guidance, FDA’s decision to ex- cally meaningful differences between the tend the review clock should, except in rare A. Procedure: For procedural or scientific proposed biosimilar biological product and circumstances, be limited to occasions where matters involving the review of biosimilar the reference product). review of the new information could address biological product applications and supple- 2. Within 45 days of Agency receipt of the outstanding deficiencies in the application ments (as defined in BsUFA) that cannot be protocol and specific questions, the Agency and lead to approval in the current review resolved at the signatory authority level (in- will provide a written response to the spon- cycle. cluding a request for reconsideration by the sor that includes a succinct assessment of If the review division determines that the signatory authority after reviewing any ma- the protocol and answers to the questions major amendment will result in an extension terials that are planned to be forwarded with posed by the sponsor. If the Agency does not of the biosimilar biological product review an appeal to the next level), the response to agree that the protocol design, execution clock, the review division will communicate appeals of decisions will occur within 30 cal- plans, and data analyses are adequate to to the applicant at the time of the clock ex- endar days of the Center’s receipt of the achieve the goals of the sponsor, the reasons tension a new planned review timeline, in- written appeal. for the disagreement will be explained in the cluding a new review timeline for commu- B. Performance goal: 90% of such answers response. nication of feedback on proposed labeling, are provided within 30 calendar days of the 3. Protocols that qualify for this program postmarketing requirements, and any post- Center’s receipt of the written appeal. include any necessary clinical study or stud- marketing commitments the Agency may re- C. Conditions: ies to prove biosimilarity and/or inter- quest. 1. Sponsors should first try to resolve the changeability (e.g., protocols for compara- In the rare case where the review division procedural or scientific issue at the signa- tive clinical trials that will form the pri- determines that the major amendment will tory authority level. If it cannot be resolved mary basis for demonstrating that there are not result in an extension of the biosimilar at that level, it should be appealed to the no clinically meaningful differences between biological product review clock, the review next higher organizational level (with a copy the proposed biosimilar biological product division may choose to retain the previously to the signatory authority) and then, if nec- and the reference product, and protocols for communicated planned review timeline or essary, to the next higher organizational clinical trials intended to support a dem- may communicate a new planned review level. onstration of interchangeability). For such timeline to the applicant. 2. Responses should be either verbal (fol- protocols to qualify for this comprehensive The division will notify the applicant lowed by a written confirmation within 14 protocol assessment, the sponsor must have promptly of its decision regarding review of calendar days of the verbal notification) or had a BPD Type 2 or 3 Meeting, as defined in the major amendment(s) and whether the written and should ordinarily be to either section VIII (F and G), below, with the re- planned review timeline is still applicable. grant or deny the appeal. view division so that the division is aware of III. REVIEW OF PROPRIETARY NAMES TO REDUCE 3. If the decision is to deny the appeal, the the developmental context in which the pro- MEDICATION ERRORS response should include reasons for the de- tocol is being reviewed and the questions nial and any actions the sponsor might take To enhance patient safety, FDA will utilize being answered. to persuade the Agency to reverse its deci- user fees to implement various measures to 4. If a protocol is reviewed under the proc- sion. reduce medication errors related to look- ess outlined above, and agreement with the 4. In some cases, further data or further alike and sound-alike proprietary names and Agency is reached on design, execution, and input from others might be needed to reach such factors as unclear label abbreviations, analyses, and if the results of the trial con- a decision on the appeal. In these cases, the acronyms, dose designations, and error prone ducted under the protocol substantiate the ‘‘response’’ should be the plan for obtaining label and packaging design. hypothesis of the protocol, the Agency that information (e.g., requesting further in- agrees that the data from the protocol can A. Review Performance Goals—Biosimilar Bio- formation from the sponsor, scheduling a be used as part of the primary basis for ap- logical Product Proprietary Names meeting with the sponsor, scheduling the proval of the product. The fundamental 1. Proprietary names submitted during the issue for discussion at the next scheduled agreement here is that having agreed to the biosimilar biological product development available advisory committee). design, execution, and analyses proposed in (BPD) phase 5. In these cases, once the required infor- a) Review 90% of proprietary name submis- protocols reviewed under this process, the mation is received by the Agency (including Agency will not later alter its perspective on sions filed within 180 days of receipt. Notify any advice from an advisory committee), the sponsor of tentative acceptance or non-ac- the issues of design, execution, or analyses person to whom the appeal was made, again unless public health concerns unrecognized ceptance. has 30 calendar days from the receipt of the b) If the proprietary name is found to be at the time of protocol assessment under required information in which to either deny this process are evident. unacceptable, the sponsor can request recon- or grant the appeal. sideration by submitting a written rebuttal 6. Again, if the decision is to deny the ap- B. Performance goal: with supporting data or request a meeting peal, the response should include the reasons For FY 2013, 70% of special protocols as- within 60 days to discuss the initial decision for the denial and any actions the sponsor sessments and agreement requests completed (meeting package required). might take to persuade the Agency to re- and returned to sponsor within timeframes. c) If the proprietary name is found to be verse its decision. For FY 2014, 70% of special protocols as- unacceptable, the above review performance 7. Note: If the Agency decides to present sessments and agreement requests completed goals also would apply to the written request the issue to an advisory committee and there and returned to sponsor within timeframes. for reconsideration with supporting data or are not 30 days before the next scheduled ad- For FY 2015, 80% of special protocols as- the submission of a new proprietary name. visory committee, the issue will be presented sessments and agreement requests completed d) A complete submission is required to at the following scheduled committee meet- and returned to sponsor within timeframes. begin the review clock. ing to allow conformance with advisory com- For FY 2016, 85% of special protocols as- 2. Proprietary names submitted with bio- mittee administrative procedures. similar biological product application sessments and agreement requests completed a) Review 90% of biosimilar biological V. CLINICAL HOLDS and returned to sponsor within timeframes. product application proprietary name sub- A. Procedure: The Center should respond For FY 2017, 90% of special protocols as- missions filed within 90 days of receipt. No- to a sponsor’s complete response to a clinical sessments and agreement requests completed tify sponsor of tentative acceptance/non-ac- hold within 30 days of the Agency’s receipt of and returned to sponsor within timeframes. ceptance. the submission of such sponsor response. C. Reporting: The Agency will track and b) A supplemental review will be done B. Performance goal: 90% of such responses report the number of original special pro- meeting the above review performance goals are provided within 30 calendar days of the tocol assessments and resubmissions per if the proprietary name has been submitted Agency’s receipt of the sponsor’s response. original special protocol assessment.

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VII. MEETING MANAGEMENT GOALS priate review division or office. The request the review cycle may extend the goal date by A. Responses to Meeting Requests should provide: two months. a) A brief statement of the purpose of the 4. Only one extension can be given per re- 1. Procedure: Within 14 calendar days of meeting, the sponsor’s proposal for the type view cycle. the Agency’s receipt of a request and meet- of meeting, and the sponsor’s proposal for a 5. Consistent with the underlying prin- ing package from industry for a BPD Type 1 face-to-face meeting or a teleconference; ciples articulated in the GRMP guidance, Meeting, or within 21 calendar days of the b) A listing of the specific objectives/out- FDA’s decision to extend the review clock Agency’s receipt of a request and meeting comes the requester expects from the meet- should, except in rare circumstances, be lim- package from industry for a Biosimilar Ini- ing; ited to occasions where review of the new in- tial Advisory Meeting or a BPD Type 2, 3, or c) A proposed agenda, including estimated formation could address outstanding defi- 4 Meeting, as defined in section VIII(D–H), times needed for each agenda item; ciencies in the application and lead to ap- below, CBER and CDER should notify the re- d) A list of questions, grouped by dis- proval in the current review cycle. quester in writing of the date, time, place, cipline. For each question there should be a C. A resubmitted original application is a and format (i.e., a scheduled face-to-face, brief explanation of the context and purpose complete response to an action letter ad- teleconference, or videoconference) for the of the question. dressing all identified deficiencies. meeting, as well as expected Center partici- e) A listing of planned external attendees; D. A Biosimilar Initial Advisory Meeting is pants. and an initial assessment limited to a general 2. Performance Goal: FDA will provide this f) A listing of requested participants/dis- discussion regarding whether licensure under notification within 14 days for 90 percent of ciplines representative(s) from the Center. section 351(k) of the Public Health Service BPD Type 1 Meeting requests and within 21 g) Suggested dates and times (e.g., morn- Act may be feasible for a particular product, days for 90 percent of Biosimilar Initial Ad- ing or afternoon) for the meeting that are and, if so, general advice on the expected visory Meeting and BPD Type 2, 3 and 4 within or beyond the appropriate time frame content of the development program. Such Meeting requests. of the meeting type being requested. term does not include any meeting that in- B. Scheduling Meetings 2. The Agency concurs that the meeting volves substantive review of summary data 1. Procedure: The meeting date should re- will serve a useful purpose (i.e., it is not pre- or full study reports. flect the next available date on which all ap- mature or clearly unnecessary). However, re- E. A BPD Type 1 Meeting is a meeting plicable Center personnel are available to at- quests for BPD Type 2, 3 and 4 Meetings will which is necessary for an otherwise stalled tend, consistent with the component’s other be honored except in the most unusual cir- drug development program to proceed (e.g. business; however, the meeting should be cumstances. meeting to discuss clinical holds, dispute scheduled consistent with the type of meet- The Center may determine that a different resolution meeting), a special protocol as- ing requested. type of meeting is more appropriate and it sessment meeting, or a meeting to address a) Biosimilar Initial Advisory Meeting may grant a meeting of a different type than an important safety issue. should occur within 90 calendar days of the requested, which may require the payment of F. A BPD Type 2 Meeting is a meeting to Agency receipt of the sponsor-submitted a biosimilar biological product development discuss a specific issue (e.g., proposed study meeting request and meeting package. fee as described in section 744B of the Fed- design or endpoints) or questions where FDA b) BPD Type 1 Meetings should occur with- eral Food, Drug, and Cosmetic Act before the will provide targeted advice regarding an on- in 30 calendar days of the Agency receipt of meeting will be provided. If a biosimilar bio- going biosimilar biological product develop- the sponsor-submitted meeting request and logical product development fee is required ment program. Such term includes sub- meeting package. under section 744B, and the sponsor does not stantive review of summary data, but does c) BPD Type 2 Meetings should occur with- pay the fee within the time frame required not include review of full study reports. in 75 calendar days of the Agency receipt of under section 744B, the meeting will be can- G. A BPD Type 3 Meeting is an in depth the sponsor-submitted meeting request and celled. If the sponsor pays the biosimilar bio- data review and advice meeting regarding an meeting package. logical product development fee after the ongoing biosimilar biological product devel- d) BPD Type 3 Meetings should occur with- meeting has been cancelled due to non-pay- opment program. Such term includes sub- in 120 calendar days of the Agency receipt of ment, the time frame described in section stantive review of full study reports, FDA the sponsor-submitted meeting request and VII.A.1 will be calculated from the date on advice regarding the similarity between the meeting package. which FDA received the payment, not the proposed biosimilar biological product and e) BPD Type 4 Meetings should occur with- date on which the sponsor originally sub- the reference product, and FDA advice re- in 60 calendar days of the Agency receipt of mitted the meeting request. garding additional studies, including design the sponsor-submitted meeting request and Sponsors are encouraged to consult FDA to and analysis. meeting package. obtain further information on recommended H. A BPD Type 4 Meeting is a meeting to 2. Performance goal: meeting procedures. discuss the format and content of a bio- For FY 2013, 70% of Biosimilar Initial Ad- 3. FDA will develop and publish for com- similar biological product application or visory Meetings and BPD Type 1–4 Meetings ment draft guidance on Biosimilar Initial supplement submitted under 351(k) of the are held within the timeframe. Advisory Meetings and BPD Type 1–4 Meet- PHS Act. For FY 2014, 70% of Biosimilar Initial Ad- ings by end of second quarter of FY 2014. visory Meetings and BPD Type 1–4 Meetings f VIII. DEFINITIONS AND EXPLANATION OF TERMS are held within the timeframe. VIOLENCE AGAINST WOMEN For FY 2015, 80% of Biosimilar Initial Ad- A. The term ‘‘review and act on’’ means REAUTHORIZATION ACT visory Meetings and BPD Type 1–4 Meetings the issuance of a complete action letter after are held within the timeframe. the complete review of a filed complete ap- Mr. LEAHY. Mr. President, I have For FY 2016, 85% of Biosimilar Initial Ad- plication. The action letter, if it is not an been saying for weeks and months that visory Meetings and BPD Type 1–4 Meetings approval, will set forth in detail the specific we are overdue to pass into law the are held within the timeframe. deficiencies and, where appropriate, the ac- Leahy-Crapo Violence Against Women For FY 2017, 90% of Biosimilar Initial Ad- tions necessary to place the application in Reauthorization Act, which the Senate condition for approval. visory Meetings and BPD Type 1–4 Meetings approved in April with 68 bipartisan are held within the timeframe. B. Goal Date Extensions for Major Amend- votes. I am disappointed that the C. Meeting Minutes ments 1. A major amendment to an original appli- House still has not picked up this bi- 1. Procedure: The Agency will prepare min- cation, supplement with clinical data, or re- partisan effort and that we are not get- utes which will be available to the sponsor 30 submission of any of these applications, sub- calendar days after the meeting. The min- ting the job done this year. I want ev- mitted at any time during the review cycle, eryone to know that I will be back next utes will clearly outline the important may extend the goal date by three months. agreements, disagreements, issues for fur- year, and we will get it done. 2. A major amendment may include, for ex- Just yesterday we were reminded ther discussion, and action items from the ample, a major new clinical safety/efficacy meeting in bulleted form and need not be in study report; major re-analysis of previously again why this legislation is so impor- great detail. submitted study(ies); submission of a risk tant. In Colorado, a man just released 2. Performance Goal: FDA will provide evaluation and mitigation strategy (REMS) from jail on domestic violence charges meeting minutes within 30 days of the date with elements to assure safe use (ETASU) shot his way into a house, murdering of the meeting for 90 percent of Biosimilar not included in the original application; or Initial Advisory Meetings and BPD Type 1–4 his ex-girlfriend, and her sister, and significant amendment to a previously sub- her sister’s husband, before killing Meetings. mitted REMS with ETASU. Generally, D. Conditions himself. We have seen enough horrific changes to REMS that do not include violence. It is past time to act. For a meeting to qualify for these perform- ETASU and minor changes to REMS with ance goals: ETASU will not be considered major amend- The Leahy-Crapo bill would support 1. A written request (letter or fax) and sup- ments. the use of techniques proven to help porting documentation (i.e., the meeting 3. A major amendment to a manufacturing identify high-risk cases and prevent do- package) should be submitted to the appro- supplement submitted at any time during mestic violence homicides. It will help

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8296 CONGRESSIONAL RECORD — SENATE December 20, 2012 us go further to prevent domestic and this legislation, and they have fought promote innovation and flexibility and sexual violence and to provide services with us every day to get this bill en- focus on outcomes rather than simply and support to all victims. acted. I want them to know how much on compliance; increasingly target in- For several weeks, I have been advo- I value the work they do and that I will vestments in interventions with the cating a compromise on a key provi- not abandon their cause. We will con- strongest evidence of effectiveness, as sion aimed at addressing the epidemic tinue working together, and we will re- well as support the development and of domestic violence against native authorize VAWA. rigorous evaluation of promising, inno- women. I want to compliment my part- We have seen enough violence. If we vative interventions; and, seek oppor- ner on this bill, Senator CRAPO, who cannot get the Leahy-Crapo bill over tunities to promote and invest in sys- has been working hard to try to bridge the finish line this year, we will come tems and communities that are col- the divide and address concerns with back next year, and we will get it done. laborating to achieve significant com- the provision in our bill that gives lim- I look forward to other Senators join- munity-wide impact or change at scale. ited jurisdiction to tribal courts to ing us as we continue this vital effort. I would encourage the administration make sure that no perpetrators of do- f to incorporate these principles in its mestic violence are immune from pros- fiscal year 2014 budget request, and to INVEST TAXPAYER DOLLARS IN ecution. Senator CRAPO has pushed consider reserving 1 percent of Federal WHAT WORKS hard and has indicated a willingness to program funds for independent, third- compromise significantly, as have I. Ms. LANDRIEU. Mr. President, as party evaluations. These recommenda- Sadly, others have continued to draw Congress continues its work addressing tions, which are consistent with the lines which would ultimately deny as- our Nation’s looming fiscal crisis, we 2010 Simpson-Bowles report and the sistance to some of the most vulner- must also remember that we have a re- 2012 OMB memo on evidence and eval- able victims. That is unacceptable. sponsibility to our taxpayers to im- uation, would provide Members of Con- I appreciate that there have at last prove outcomes for young people and gress with reliable information to been some renewed discussions about their families by driving Federal funds gauge program effectiveness and drive this bill in the House of Representa- more efficiently toward evidence- continuous improvement. tives but that is not enough. The only based, results-oriented solutions. In pursuing this approach, we should way to reauthorize VAWA this year is In August, I shared promising news remain steadfastly focused on equity for the House to take up and pass the from my home State, where evidence- and serving children and families in Senate-passed bill. If the House Repub- based Federal programs, including the greatest need. Done right, an ‘‘invest lican leadership refuses to do that in Social Innovation Fund, the Investing in what works’’ framework can ad- the final days of this Congress, it is a in Innovation Fund, and the High Qual- vance an equity agenda. Competitive shame. ity Charter Schools Replication and grants can augment and help maximize I remain steadfast in my resolve to Expansion Program, are improving the impact of important formula fund- get this done and pass a good VAWA education and other important out- ing. When designing such policies, we bill that protects all victims. I know comes for thousands of young people must prioritize grantees serving chil- Senator CRAPO shares my resolve. I throughout Louisiana. dren and families most in need and le- know every woman in the Senate and Bipartisan support for investing in verage lessons learned to improve the many other Senators and House mem- what works has been growing for dec- impact of larger scale programs. More- bers share our resolve. I know Presi- ades. over, the Federal Government should dent Obama and Vice President BIDEN Under the George W. Bush adminis- make technical assistance a priority to share our resolve. tration, the Office of Management and potentially high-impact grantees—in- We will be back next year. We will Budget put a priority on improving the cluding rural grantees—that have less introduce a good bill, and we will pass performance of Federal programs and expertise in preparing Federal grant it through the Senate. We will con- encouraged more rigorous evaluations applications. tinue our discussions, and we will work to assess their effectiveness. I am fully committed to working tirelessly to have a good bill enacted In 2010, the Simpson-Bowles Commis- with my colleagues on both sides of the into law. This is not the end of our ef- sion Report, the ‘‘National Commission aisle to help improve outcomes for forts to renew and improve VAWA to on Fiscal Responsibility and Reform,’’ young people and their families more effectively help all victims of do- specifically recommended urging all through the development and imple- mestic and sexual violence. Federal agency heads to ‘‘identify ways mentation of an agenda that invests in We know that the epidemic of vio- to shift from inefficient, unproductive what works. lence against native women is appall- spending to productive, results-based f ing, with a recent study finding that investment.’’ almost three in five native women have And in May of this year, the Office of NEWTOWN, CONNECTICUT been assaulted by their spouses or inti- Management and Budget, OMB, in- TRAGEDY mate partners. We know that immi- structed all Federal departments and Ms. KLOBUCHAR. Mr. President, I grant women are particularly vulner- agencies to demonstrate the use of evi- rise today with a heavy heart to ex- able, with their immigration status an- dence throughout their fiscal year 2014 press my deepest sympathy to the fam- other weapon that abusers can use to budget submissions. ilies of the 28 people who were mur- keep power and prevent reporting. We At a time when America is facing dered last week at Sandy Hook Ele- know that some victims cannot access enormous social and economic shifts, mentary. These last few days have been needed services because of their sexual budget constraints at all levels of gov- immensely painful as our nation has orientation or gender identity. We ernment, significant demographic mourned the loss of life and des- know that women and girls on college changes, and an increasingly globally perately searched for answers that campuses are too much at risk, and competitive, changing workforce, our might somehow explain such a sense- more must be done to protect them. Federal Government must continue to less act of violence. The list goes on. drive public resources toward evidence- Like all Americans, my thoughts and We have shown a willingness to com- based, results-driven solutions that prayers have been and continue to be promise but we must make progress on work. with the students, teachers, and fami- all of these issues. We must make I believe the following principles can lies. But my heart especially goes out things better, and never make things serve as the foundation of an ‘‘invest in to those mothers and fathers who lost worse, for the most vulnerable of vic- what works’’ agenda: develop and use a their children. As a mother, I cannot tims. common evidence framework to inform even begin to fathom the depth of their The community of advocates and program design and management; use anguish. service providers who work every day evidence, data and information about The murder of a child is the most with victims of these terrible crimes is performance to inform policy and drive heinous of crimes. But the mass mur- inspiring. It was their advice on the continuous improvement in Federal der of 20 children trapped in an elemen- real needs of real victims that shaped programs and grantee interventions; tary school is an act of unspeakable

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8297 evil. There are simply no words to de- flourish. Persons qualified for public both within and between the FBI and scribe the shock, horror, and grief. service should feel an obligation to Department of Defense, that allowed There is nothing we can say to undo make that contribution.’’ Hasan to remain in the military—and the horrific events of that day or to Mike answered that call in a way even be promoted—despite many warn- numb the wounds of the families who that would have made Jefferson proud. ing signs that he was becoming dan- are grieving. The best we can hope for Mike joined what was then the Gov- gerous. is that our words and prayers might ernmental Affairs Committee as a staff Besides the investigations, here are somehow bring them comfort and to member for the minority side in April just a few of the successful pieces of show them they are not alone in their 2001 and was a leader in negotiating legislation that were passed out of the sorrow. and drafting the legislation that cre- committee and enacted into law on At moments like these, the weight of ated the Department of Homeland Se- Mike’s watch: The ‘‘Post-Katrina despair falls heavy upon us. But we curity and later the Intelligence Re- Emergency Management Reform Act of cannot forget that, even amidst the form and Terrorism Prevention Act. 2006,’’ which remade and strengthened horror and sadness, there have been re- In recognition of his hard work and the Federal Emergency Management markable acts of decency. And for that, proven leadership abilities, I promoted Agency after the failures in responding we have hope. Mike to the position of staff director in to Hurricane Katrina; the ‘‘Honest I think of the brave law enforcement May 2006. Under his direction, the com- Leadership and Open Government Act officers and first responders who an- mittee, through legislation and inves- of 2007,’’ which made sweeping ethics swered the call to serve and protect tigation, took on some of the great and lobbying reforms; the ‘‘Imple- that day, just as they do every day. I challenges of our time. menting the Recommendations of the think of the incredible outpouring of After Hurricane Katrina ravaged the 9/11 Commission Act of 2007,’’ which support we have seen from people Gulf Coast in August 2005, claiming strengthened the Nation’s security across the country, most of whom have more than 1,800 lives, the committee against terrorism by providing first re- never met the victims or their families launched a major investigation into sponders with the resources they need but have come forward anyway with how American government at all levels to protect their communities from dis- checks, with flowers, with stuffed ani- failed so dramatically to safeguard its aster, promoting interoperable emer- mals, and messages of sympathy. And citizens from a predicted storm. Over gency communications, requiring of course, I think of those heroic teach- the course of the investigation, the screening of cargo placed on passenger ers who risked, and in some cases gave committee held 22 hearings, inter- aircraft, securing mass transit, rail and their lives to save their students. viewed, 345 witnesses, and reviewed buses; and improving the security of We will always remember the names over 800,000 documents. The, ‘‘Hurri- maritime cargo; ‘‘The Inspector Gen- and faces of people like Dawn cane Katrina: A Nation Still Unpre- eral Reform Act,’’ passed in 2008, which Hochsprung and Mary Sherlach, the pared,’’ was the most comprehensive sought to improve government ac- principal and school psychologist who evaluation of the Katrina catastrophe. countability by guaranteeing that died trying to disarm and dissuade gun- In 2007, the committee began a series qualified individuals are appointed as man. They didn’t think twice. They did of 14 hearings examining the root IGs and that IGs remain independent; what they knew was right. causes of violent domestic ‘‘The Presidential Appointment Effi- And we will always remember 27- radicalization, the tactics and meas- ciency and Streamlining Act of 2011’’ year-old Victoria Soto, the teacher ures used by U.S. law enforcement at that addresses the increasingly slow who hid her students in closets and every level to prevent and deter home- and burdensome appointments process cabinets before bravely approaching grown terrorism, the role of the Inter- by, among other things, removing the gunman and pointing him in the net in self radicalization, and the about 170 non-policymaking positions other direction. She had her whole life threat of homegrown terrorism to mili- from the list of Presidential appoint- ahead of her, but she laid it down to tary personnel. ments requiring Senate confirmation, save those kids. In May 2008, the committee issued a thereby allowing the Senate to focus These are the stories that keep us bipartisan staff report detailing the re- on the most important positions; and going. They remind us that, even in the sults of its investigation entitled, the Stop Trading on Congressional wake of senseless violence, no indi- ‘‘Violent Islamist Extremism, The Knowledge, STOCK Act, that ensures vidual act of evil can match the over- Internet, and the Homegrown Terrorist that Members of Congress are subject whelming goodness of our people. We Threat.’’ The report concluded that: to the same insider information prohi- are a resilient and fundamentally de- ‘‘No longer is the threat just from bitions as other Americans. cent country, and my hope is that in abroad, as was the case with the at- It is quite a record of accomplish- the coming weeks and months we will tacks of September 11, 2001; the threat ment. And he did it all with a wonder- find a way to come together to ease the is now increasingly from within, from ful sense of humor, patience and civil- pain of the families and to make some homegrown terrorists who are inspired ity. sense out of this tragedy. by violent Islamist ideology to plan Mr. President, I want to return to f and execute attacks where they live. Thomas Jefferson for a moment, be- One of the primary drivers of this new cause he had another thought on public TRIBUTE TO MICHAEL threat is the use of the Internet to en- service that sums up one of Mike’s ALEXANDER list individuals or groups of individuals greatest assets—spotting talent in Mr. LIEBERMAN. Mr. President, I to join the cause without ever young people and convincing them to rise today to honor the nearly quarter affiliating with a terrorist organiza- use those talents in public service. of a century of public service of my tion.’’ Jefferson once wrote to a friend: ‘‘It friend and the staff director of the Following the murders at Fort Hood will remain . . . to those now coming Homeland Security and Governmental on Nov. 5, 2009, when Maj. Nidal on the stage of public affairs to perfect Affairs Committee, Michael L. Alex- Hasan—a psychiatrist trained by the what has been so well begun by those ander. U.S. Army at taxpayer expense entered going off it.’’ Mike will be leaving his position the Soldier Readiness Processing Cen- Mike may be leaving the Senate, but when this Congress adjourns. And he ter with two loaded pistols and opened he leaves behind a cadre of talented will leave quite a legacy. fire, killing 13 and wounding 32, the and diverse individuals he recruited to Thomas Jefferson once asked the committee launched a 14-month inves- join the committee and then gave in- question: ‘‘What duty does a citizen tigation into what happened and why. creased responsibilities as their talents owe to the government that secures The report that followed the inves- began to flower. the society in which he lives?’’ Answer- tigation—‘‘A Ticking Time Bomb: Many of these people who started out ing his own question, Jefferson said: Counterterrorism Lessons from the as interns or junior support staffers, ‘‘A nation that rests on the will of the U.S. Government’s Failure to Prevent have moved up the committee ranks, people must also depend on individuals the Fort Hood Attack’’—detailed working on important legislation and to support its institutions if it is to flawed practices and communications, investigations, while others have gone

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8298 CONGRESSIONAL RECORD — SENATE December 20, 2012 on to other Congressional or executive the mold situation, so Legal Aid staff as the Most Outstanding Player of the branch offices thanks to the skills investigated the situation and helped 2012 NCAA Division I Women’s Mike helped them develop. the man escrow his rent. Volleyball Tournament. She was joined Prior to joining the committee, Mike Had these Marylanders not had ac- on the All-Tournament team by three served as an Executive Assistant to cess to civil legal assistance, what Longhorn teammates: Hannah Allison, former Agriculture Secretary Mike would have happened? I submit that in- Haley Eckerman, and Sha’dare McNeal. Espy and had also been Espy’s Legisla- evitably justice suffers. Judges are put This was the first national champion- tive Director when Espy was a Con- in the position of trying to provide ship for Jerritt Elliott, the coach of gressman. some assistance and advice—while re- the Longhorns since 2001. Coach Elliott One of the joys of my Senate career maining impartial—to one or two un- also guided the Longhorns to their was the chance to work with talented represented parties before them. Social fifth Big 12 Conference championship and dedicated public servants like Mi- service agencies absorb additional in six seasons and was named the 2012 chael Alexander and I want to thank costs from those that are unfairly de- American Volleyball Coaches Associa- him for all his hard work and wish him nied health care or social services ben- tion AVCA Division I National Coach the best of luck in whatever his next efits. Neighborhoods and communities of the Year. endeavor may be. are damaged due to unjust evictions. The Longhorns finished the season Families are torn apart, and domestic f with a 29–4 record, and were 15–1 in con- violence and abuse continues unabated. ference action to claim their second ADDITIONAL STATEMENTS Public health and law enforcement straight conference title. Four Long- costs rise. The rule of law is under- horn student athletes earned All-Amer- mined, and Americans come to believe MARYLAND LEGAL SERVICES ica honors. Bailey Webster and Big 12 that justice is only for the rich, not the CORPORATION Player of the Year Haley Eckerman poor. ∑ Mr. CARDIN. Mr. President, I want According to one study, each Legal were selected to the first team, and to congratulate Maryland Legal Serv- Aid attorney serves over 6,800 people, Sha’Dare McNeal and Khat Bell re- ices Corporation on their 30th anniver- while there is one private attorney for ceived honorable mention recognition. sary. Established in 1982 by the Mary- every 525 people in the nation. This is Winning the national championship land General Assembly, Maryland not ‘‘Equal Justice Under Law’’, as is an achievement which will long be Legal Services Corporation raises and promised by the etching at the en- cherished by each of these Longhorns: distributes funds to nonprofit organiza- trance to the United States Supreme senior Sha’Dare McNeal; juniors Han- tions that provide civil legal assistance Court. I am committed to help close nah Allison, Megan Futch, Sarah to low-income persons. the justice gap by giving the Federal Palmer, and Bailey Webster; sopho- As chairman of Maryland Legal Serv- Legal Services Corporation the re- mores Khat Bell, Haley Eckerman, and ices Corporation from 1988–1995, I know sources it needs from Congress. This Madelyn Hutson; freshmen Kat Brooks, firsthand the extraordinary service must include increasing its authorized Nicole Dalton, Sara Hattis, Molly they provide to Marylanders. Maryland level of funding and removing harmful McCage, and Amy Neal; coaches Jerritt Legal Services Corporation’s grants funding restrictions regarding class ac- Elliott, Salima Rockwell, Erik Sul- have enabled 35 Maryland-area non- tion lawsuits and attorneys fees. livan, and special assistant Nathan profits to assist individuals in matters Maryland Legal Services Corpora- Mendoza; women’s athletics director such as eviction, foreclosure, domestic tion’s successes over the last 30 years Christine Plonsky; and University of violence, child custody, veteran’s bene- are impressive, and while we celebrate Texas at Austin president Bill Powers. fits, and health care. To date, Mary- all they have been able to do, we also One of my favorite scenes in all of land Legal Services Corporation has recommit ourselves to ensuring that Texas is found on the original Forty awarded more than $164 million in all people have access to quality legal Acres of my alma mater. There rising grants, assisting Marylanders in 2 mil- representation, regardless of income.∑ 307 feet at the center of campus is the lion different legal matters. f University of Texas Tower. The tower In recent years Maryland Legal Serv- is a beacon for all Longhorns day and UNIVERSITY OF TEXAS WOMEN’S ices Corporation’s mission has become night, when it is flooded with light and VOLLEYBALL CHAMPIONS even more critical, as more and more set aglow against the nighttime sky. It people have turned to our nonprofit ∑ Mrs. HUTCHISON. Mr. President, it is a particularly spectacular sight community for civil legal services. is with great pride that I pay tribute to when Longhorn student athletes win a Studies have shown that poor house- my alma mater, the University of national championship, and the tower holds will on average face from 1 to 3 Texas at Austin, and, in particular, the is bathed in burnt orange with a num- legal problems a year, and Maryland is Texas Longhorns Volleyball team, the ber ‘‘1’’ displayed on all sides to mark fortunate that Maryland Legal Serv- 2012 National Collegiate Athletic Asso- the achievement. ices Corporation has worked tirelessly ciation Division I Women’s Volleyball With the 2012 Women’s Volleyball Na- to ensure that our nonprofit civil legal Champion. tional Championship, the U.T. Tower service providers can assist its clients. On Saturday, December 15, 2012, the has now been illuminated to celebrate In the Western part of our State, a Texas Longhorns won their third na- 50 athletic national championships. couple who were 2 months behind on tional championship for women’s Congratulations to the National Cham- their mortgage and close to foreclosure volleyball, and first NCAA Volleyball pion Texas Longhorns Women’s was provided a volunteer attorney from title since 1988. After reaching their Volleyball team, and Hook ’em Horns!∑ Allegany Law Foundation who helped fourth NCAA Final Four in five sea- them save their home. sons, the Longhorns outlasted the ∑ Mr. CORNYN. Mr. President, I con- In Harford County, Legal Aid suc- Michigan Wolverines in five sets in the gratulate the University of Texas wom- cessfully advocated for a woman who semifinal to advance to Saturday’s en’s volleyball team for their national- was being sued by her credit card com- championship match. The Longhorns championship victory over the Univer- pany after she had paid thousands of then proceeded to post a .438 hitting sity of Oregon. The Lady Longhorns dollars to a debt settlement company percentage in the final—breaking an swept the Ducks 3–0 to secure their believing that the company would pay NCAA record—and swept the Oregon first NCAA title since 1988. off her credit card debt. Legal Aid Ducks in three sets to earn the 2012 It was a fitting capstone for a re- helped her cancel her contract, get a title. markable season, in which the refund and have the lawsuit dismissed. Longhorn outside hitter Bailey Web- Longhorns finished 29–4 and rallied A man on the Eastern Shore con- ster led the way with 14 kills and a .500 from a 2–1 deficit against Michigan in tacted his local Maryland Legal Aid hitting percentage in the championship the national semifinals. Their cham- Bureau with concerns about black match. After recording 96 kills and a pionship game against Oregon drew the mold that was growing in his rental .458 hitting percentage during the second-largest crowd in tournament unit. The landlord refused to remedy NCAA postseason, Webster was voted history.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8299 I salute 12 veteran Head Coach confident that her success at the 2012 ington to make sure the people of Jerritt Elliot for coaching the Long- Paralympic Games is one great accom- Michigan had a fair shot at turning horn volleyball squad to its third na- plishment in what is certain to be a things around and getting back on tional title. I also salute Associate lifetime of impressive feats. their feet. Head Coach Salima Rockwell, Assist- Since 1960, the Paralympic Games During the debate on health care re- ant Coach Erik Sullivan, and Special have provided athletes who have cer- form, she was a critical part of my ef- Assistant Nathan Mendoza, all of tain physical disabilities the chance to fort to make sure we kept health care whom mentored these young women compete in a broad range of sports and affordable, that we protected coverage and helped them reach their full poten- athletic events on the international for mental health care, that we closed tial. And, of course, I salute the play- level, providing them with an oppor- the donut hole for seniors, and she ers themselves, such as junior outside tunity similar to that of their able- worked with her counterparts in other hitter Bailey Webster, who was named bodied counterparts. Victoria’s inspir- offices and with industry leaders to get Tournament MVP; All Tournament ing performance throughout the 2012 the best possible policies to help every team members Haley Eckerman, Han- Paralympic Games should serve as a family get the health insurance they nah Allison, and Sha’Dare McNeal; and reminder of the hard work and dedica- need. all the rest of the Longhorns: Ashley tion required to succeed. And in the middle of all of that, she Bannister, Khat Bell, Kat Brooks, Ni- I applaud and congratulate Victoria found time to have her first son, Diego, cole Dalton, Megan Futch, Sara Hattis, for her devotion and determination. I and prove how important it was that Madelyn Hutson, Molly McCage, Amy also commend her family, including women have access to maternity care, Neal, and Sarah Palmer. her parents, Jacqueline and Larry, and something I was very proud to fight for It is my honor to join with the entire her three brothers, Cameron, LJ, and in the health care law. University of Texas family, as well as William, for their role in her success. I And when I became Chairwoman of Longhorn fans across our great State, know that her victories give her fam- the Senate Agriculture Committee, she to celebrate their achievement. In its ily, her friends, the Exeter community, led the effort to put together an amaz- long and proud athletic history, the and the State of New Hampshire great ing team of policy experts that accom- University of Texas has now won 50 na- pride. plished a legislative achievement that I wish to recognize Victoria Arlen for tional titles overall. is rare these days—a bipartisan deficit The Longhorn volleyball team has her accomplishments and her victory reduction bill that passed the Senate learned what it takes to become na- in the 2012 Paralympic Games in Lon- with strong support from both parties. tional champions, and the experience don, and I commend her dedication, And as we worked so hard all year that each of these athletes has gained maturity, and hard work. She is truly long to pass a Farm Bill, she and her ∑ will prove invaluable in their future an inspiring young woman. husband Pat found time to have their endeavors.∑ f second son, T.J., who we were so happy TRIBUTE TO AMANDA RENTERIA to welcome this fall. f I know the people of Michigan—and TRIBUTE TO VICTORIA ARLEN ∑ Ms. STABENOW. Mr. President, this country—join me in thanking her ∑ Mrs. SHAHEEN. Mr. President, today today I wish to pay tribute to a truly for everything she has done during her I wish to recognize and honor the suc- remarkable member of my staff who is time in public service. She may not cess of Victoria Arlen of Exeter, NH. leaving the Senate. have been born in Michigan, but after Amanda Renteria came to my office This summer, Victoria represented the all she’s done for the people back as a Legislative Assistant in 2006, and United States in a number of swim- home, she’s earned herself a ‘‘Pure has been an integral member of my ming events at the 2012 Paralympic Michigan’’ reputation of hard work and staff for the last 7 years, including Games in London. dedication. serving as my legislative director and Victoria Arlen is an 18-year-old Amanda will be missed in the Senate, then my chief of staff for the last 41⁄2 young woman who 7 years ago was di- but I am honored to have had her serve years. as my chief of staff.∑ agnosed with transverse myelitis, a A proud graduate of Stanford Univer- f neurological disorder that causes in- sity and Harvard Business School, flammation of a section of the spinal Amanda brought a wide range of expe- NOTIFICATION OF THE PRESI- cord. Victoria’s resulting paralysis rience with her to the Senate. DENT’S INTENT TO TERMINATE from the waist down has not damaged After graduating from Harvard, she THE DESIGNATION OF THE FED- her determination or her competitive worked in the private sector for a while ERATION OF SAINT KITTS AND spirit, and her achievements this year before going back to California and NEVIS AS A BENEFICIARY DE- have been truly remarkable. working as a high school teacher and VELOPING COUNTRY UNDER THE Victoria was a very active child prior coach. She then worked for the city of GENERALIZED SYSTEM OF PREF- to her diagnosis, and was involved in San Jose before coming to Washington. ERENCES (GSP) PROGRAM—PM 64 dancing, swimming, playing field hock- And I am so glad she did. She has ey, lacrosse, and soccer. For more than The PRESIDING OFFICER laid be- been my right hand through some very fore the Senate the following message 2 years, Victoria lived in a coma and challenging times. only began swimming competitively from the President of the United When I asked her to become my chief States, together with an accompanying again at the age of 16, and it came as of staff in 2008, she agreed and prom- no surprise to Victoria’s family when report; which was referred to the Com- ised to stay through the 2012 election. mittee on Finance: the honors student earned a place on But neither of us knew what we would the U.S. Paralympic Team. In London, face between then and now. To the Congress of the United States: she competed in the 100-meter, 50- Amanda was with me through the In accordance with section 502(f)(2) of meter, 400-meter and 4x100-meter relay Wall Street collapse and our work to the Trade Act of 1974, as amended (the freestyle events and the 100-meter reform our financial system, and her ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am breaststroke event. Victoria set a business background was an invaluable providing notification of my intent to world record and won a gold medal in resource to me during that difficult terminate the designation of the Fed- the 100-meter freestyle, in her final time. eration of Saint Kitts and Nevis (St. competition, and earned silver medals In the fall of 2008, the American auto Kitts and Nevis) as a beneficiary devel- in three of her other races. industry nearly collapsed, and as I oping country under the Generalized Victoria’s determination in the face fought to save our automakers and the System of Preferences (GSP) program. of adversity and ability to accomplish more than 1 million workers who de- Section 502(e) of the 1974 Act (19 U.S.C. her goals demonstrate her strength of pend on it, Amanda was right there by 2462(e)) provides that if the President spirit and her quality of character. my side, working to make sure we kept determines that a beneficiary devel- Citizens of New Hampshire are incred- manufacturing things in this country. oping country has become a ‘‘high-in- ibly proud of her achievements; she is a She was there as we worked with come’’ country, as defined by the offi- role model and an inspiration. I am partners in the State and here in Wash- cial statistics of the International

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8300 CONGRESSIONAL RECORD — SENATE December 20, 2012 Bank for Reconstruction and Develop- S. 2170. An act to amend the provisions of ENROLLED BILLS PRESENTED ment (i.e., the World Bank), then the title 5, United States Code, which are com- monly referred to as the ‘‘Hatch Act’’, to The Secretary of the Senate reported President shall terminate the designa- that on today, December 20, 2012, she tion of such country as a beneficiary scale back the provision forbidding certain State and local employees from seeking elec- had presented to the President of the developing country for purposes of the tive office, clarify the application of certain United States the following enrolled GSP, effective on January 1 of the sec- provisions to the District of Columbia, and bills: ond year following the year in which modify the penalties which may be imposed S. 285. An act for the relief of Sopuruchi such determination is made. for certain violations under subchapter III of Chukwueke. Pursuant to section 502(e) of the 1974 chapter 73 of that title. S. 2170. An act to amend the provisions of Act, I have determined that it is appro- S. 2367. An act to strike the word ‘‘lunatic’’ title 5, United States Code, which are com- priate to terminate the designation of from Federal law, and for other purposes. monly referred to as the ‘‘Hatch Act’’, to St. Kitts and Nevis as a beneficiary de- S. 3311. An act to designate the United scale back the provision forbidding certain veloping country under the GSP pro- States courthouse located at 2601 2nd Avenue State and local employees from seeking elec- North, Billings Montana, as the ‘‘James F. tive office, clarify the application of certain gram because it has become a high-in- Battin United States Courthouse’’. come country as defined by the World provisions to the District of Columbia, and S. 3564. An act to extend the Public Inter- modify the penalties which may be imposed Bank. Accordingly, St. Kitts and Nevis’ est Declassification Act of 2000 until 2014 and for certain provisions to the District of Co- eligibility for trade benefits under the for other purposes. lumbia, and modify the penalties which may GSP program will end on January 1, S. 3642. An act to clarify the scope of the be imposed for certain violations under sub- 2014. Economic Espionage Act of 1996. chapter III of chapter 73 of that title. BARACK OBAMA. S. 3687. An act to amend the Federal Water S. 2367. An act to strike the word ‘‘lunatic’’ THE WHITE HOUSE, December 20, 2012. Pollution Control Act to reauthorize the from Federal law, and for other purposes. Lake Pontchartrain Basin Restoration Pro- S. 3311. An act to designate the United f gram, to designate certain Federal buildings, States courthouse located at 2601 2nd Avenue MESSAGES FROM THE HOUSE and for other purposes. North, Billings, Montana, as the ‘‘James F. At 11:03 a.m., a message from the The enrolled bills were subsequently Battin United States Courthouse’’. signed by the President pro tempore S. 3564. An act to extend the Public Inter- House of Representatives, delivered by est Declassification Act of 2000 until 2014 and (Mr. LEAHY). Mrs. Cole, one of its reading clerks, an- for other purposes. nounced that the House has passed the S. 3642. An act clarify the scope of the Eco- following bills, without amendment: At 5:34 p.m., a message from the nomic Espionage Act of 1996. House of Representatives, delivered by S. 2170. An act to amend the provisions of S. 3687. An act to amend the Federal Water title 5, United States Code, which are com- Mr. Novotny, one of its reading clerks, Pollution Control Act to reauthorize the monly referred to as the ‘‘Hatch Act’’, to announced that the House agreed to Lake Pontchartrain Basin Restoration Pro- scale back the provision forbidding certain the following resolution: gram, to designate certain Federal buildings, State and local employees from seeking elec- H. Res. 839. Resolution relative to the and for other purposes. tive office, clarify the application of certain death of the Honorable Daniel K. Inouye, f provisions to the District of Columbia, and Senator from the State of Hawaii. modify the penalties which may be imposed EXECUTIVE AND OTHER for certain violations under subchapter III of The message further announced that COMMUNICATIONS pursuant to section 1238(b)(3) of the chapter 73 of that title. The following communications were Floyd D. Spence National Defense Au- S. 3311. An act to designate the United laid before the Senate, together with thorization Act for Fiscal Year 2001 (22 States courthouse located at 2601 2nd Avenue accompanying papers, reports, and doc- North, Billings, Montana, as the ‘‘James F. U.S.C. 7002), as amended, and the order uments, and were referred as indicated: Battin United States Courthouse’’. of the House of January 5, 2011, the S. 3564. An act to extend the Public Inter- Speaker appoints the following mem- EC–8623. A communication from the Direc- tor of the Regulatory Management Division, est Declassification Act of 2000 until 2014 and ber on the part of the House of Rep- for other purposes. Environmental Protection Agency, transmit- resentatives to the United States- The message also announced that the ting, pursuant to law, the report of a rule en- China Economic and Security Review titled ‘‘Spirotetramat; Pesticide Tolerance House has passed the following bills, in Commission for a term to expire De- for Emergency Exemption’’ (FRL No. 9373–2) which it requests the concurrence of cember 31, 2014: Mr. Larry Wortzel of received in the Office of the President of the the Senate: Williamsburg, Virginia. Senate on December 18, 2012; to the Com- H.R. 1845. An act to provide a demonstra- mittee on Agriculture, Nutrition, and For- tion project providing Medicare coverage for At 7:05 p.m., a message from the estry. in-home administration of intravenous im- House of Representatives, delivered by EC–8624. A communication from the Direc- tor of the Regulatory Management Division, mune globulin (IVIG) and to amend title Mrs. Cole, one of its reading clerks, an- XVIII of the Social Security Act with re- Environmental Protection Agency, transmit- spect to the application of Medicare sec- nounced that the House agrees to the ting, pursuant to law, the report of a rule en- ondary payer rules for certain claims. report of the committee of conference titled ‘‘Difenzoquat; Data Call-in Order for H.R. 4062. An act to designate the facility on the disagreeing votes of the two Pesticide Tolerances’’ (FRL No. 9372–9) re- of the United States Postal Service located Houses on the amendment of the Sen- ceived in the Office of the President of the at 1444 Main Street in Ramona, California, as ate to the bill (H.R. 4310) to authorize Senate on December 18, 2012; to the Com- the ‘‘Nelson ‘Mac’ MacWilliams Post Office appropriations for fiscal year 2013 for mittee on Agriculture, Nutrition, and For- Building’’. military activities of the Department estry. EC–8625. A communication from the Direc- H.R. 6016. An act to amend title 5, United of Defense, for military construction, States Code, to provide for investigative tor of the Regulatory Management Division, leave requirements with respect to Senior and for defense activities of the De- Environmental Protection Agency, transmit- Executive Service employees, and for other partment of Energy, to prescribe mili- ting, pursuant to law, the report of a rule en- purposes. tary personnel strengths for such fiscal titled ‘‘Quinclorac; Pesticide Tolerances’’ H.R. 6166. An act to designate the United year, and for the purposes. (FRL No. 9372–4) received in the Office of the States courthouse located at 333 West Broad- President of the Senate on December 18, 2012; way Street in San Diego, California, as the f to the Committee on Agriculture, Nutrition, ‘‘James M. Carter and Judith N. Keep United and Forestry. States Courthouse’’. EC–8626. A communication from the Direc- H.R. 6633. An act to designate the United MEASURES REFERRED tor of the Regulatory Management Division, States courthouse located at 101 East Pecan The following bill was read the first Environmental Protection Agency, transmit- Street in Sherman, Texas, as the ‘‘Paul ting, pursuant to law, the report of a rule en- Brown United States Courthouse’’. and the second times by unanimous titled ‘‘Chlorantraniliprole; Pesticide Toler- consent, and referred as indicated: ENROLLED BILLS SIGNED ances, Technical Correction’’ (FRL No. 9367– At 3:39 p.m., a message from the H.R. 6016. An act to amend title 5, United 6) received in the Office of the President of States Code, to provide for investigative the Senate on December 18, 2012; to the Com- House of Representatives, delivered by leave requirements with respect to Senior mittee on Agriculture, Nutrition, and For- Mrs. Cole, one of its reading clerks, an- Executive Service employees, and for other estry. nounced that the Speaker has signed purposes; to the Committee on Homeland Se- EC–8627. A communication from the Direc- the following enrolled bills: curity and Governmental Affairs. tor of the Regulatory Management Division,

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8301 Environmental Protection Agency, transmit- EC–8636. A communication from the Dep- turing Area Sources’’ (FRL No. 9725–9) re- ting, pursuant to law, the report of a rule en- uty Bureau Chief, Wireline Competition Bu- ceived in the Office of the President of the titled ‘‘Propiconazole; Pesticide Tolerances’’ reau, Federal Communications Commission, Senate on December 18, 2012; to the Com- (FRL No. 9369–5) received in the Office of the transmitting, pursuant to law, the report of mittee on Environment and Public Works. President of the Senate on December 18, 2012; a rule entitled ‘‘Amendment of Parts 32, 51 , EC–8644. A communication from the Sec- to the Committee on Agriculture, Nutrition, and 69 of the Commission’s Rules’’ (DA 12– retary of Health and Human Services, trans- and Forestry. 1552) received during adjournment of the mitting, pursuant to law, a report entitled EC–8628. A communication from the Sec- Senate in the Office of the President of the ‘‘Assessing the Feasibility of Extending the retary of Veterans Affairs, transmitting, Senate on December 14, 2012; to the Com- Hospital Acquired Conditions (HAC) IPPS pursuant to law, a report relative to a viola- mittee on Commerce, Science, and Transpor- Payment Policy to Non-IPPS Settings’’ ; to tion of the Antideficiency Act that occurred tation. the Committee on Finance. in the Department of Veterans Affairs (VA) EC–8637. A communication from the Gen- EC–8645. A communication from the Chief Construction, Minor Projects appropriation eral Attorney, Consumer Product Safety of the Publications and Regulations Branch, (Department of Treasury account symbol Commission, transmitting, pursuant to law, Internal Revenue Service, Department of the 36X0111); to the Committee on Appropria- the report of a rule entitled ‘‘Requirements Treasury, transmitting, pursuant to law, the tions. for Child-Resistant Packaging: Products report of a rule entitled ‘‘Certain Exceptions EC–8629. A communication from the Sec- Containing Imidazolines Equivalent to 0.08 to Disclosure Requirements under Treas. retary of the Treasury, transmitting, pursu- Milligrams or More’’ (CPSC Docket No. Reg. 1.6011–4(b) (5)’’ (Rev. Proc. 2013–11) re- ant to law, a report on the continuation of CPSC–2012–0005) received in the Office of the ceived in the Office of the President of the the national emergency that was originally President of the Senate on December 17, 2012; Senate on December 11, 2012; to the Com- declared in Executive Order 13405 of June 16, to the Committee on Commerce, Science, mittee on Finance. 2006, with respect to Belarus; to the Com- and Transportation. EC–8646. A communication from the Chief mittee on Banking, Housing, and Urban Af- EC–8638. A communication from the Assist- of the Publications and Regulations Branch, fairs. ant General Counsel for Legislation, Regula- Internal Revenue Service, Department of the EC–8630. A communication from the Chair- tion and Energy Efficiency, Department of Treasury, transmitting, pursuant to law, the man and President of the Export-Import Energy, transmitting, pursuant to law, the report of a rule entitled ‘‘Deduction for Bank, transmitting, pursuant to law, a re- report of a rule entitled ‘‘Acquisition Regu- Qualified Film and Television Production port relative to a transaction involving U.S. lation: Department of Energy Acquisition Costs’’ ((RIN1545–BJ23) (TD 9603)) received in exports to the United Arab Emirates; to the Regulation, Government Property’’ the Office of the President of the Senate on Committee on Banking, Housing, and Urban (RIN1991–AB86) received in the Office of the December 11, 2012; to the Committee on Fi- Affairs. President of the Senate on December 17, 2012; nance. EC–8631. A communication from the Asso- EC–8647. A communication from the Chief to the Committee on Energy and Natural Re- ciate General Counsel for Legislation and of the Publications and Regulations Branch, sources. Regulations, Office of the Secretary, Depart- EC–8639. A communication from the Direc- Internal Revenue Service, Department of the ment of Housing and Urban Development, tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- report of a rule entitled ‘‘Update of Weighted a rule entitled ‘‘HUD Acquisition Regula- Average Interest Rates, Yield Curves, and ting, pursuant to law, the report of a rule en- tions (HUDAR)’’ (RIN2501–AD56) received in Segment Rates’’ (Rev. Proc. 2012–78) received titled ‘‘Revisions to the California State Im- the Office of the President of the Senate on in the Office of the President of the Senate plementation Plan, Imperial County Air Pol- December 18, 2012; to the Committee on on December 11, 2012; to the Committee on lution Control District’’ (FRL No. 9730–4) re- Banking, Housing, and Urban Affairs. Finance. EC–8632. A communication from the Asso- ceived in the Office of the President of the EC–8648. A communication from the Chief ciate General Counsel for Legislation and Senate on December 18, 2012; to the Com- of the Publications and Regulations Branch, Regulations, Office of the Housing, Depart- mittee on Environment and Public Works. Internal Revenue Service, Department of the EC–8640. A communication from the Direc- ment of Housing and Urban Development, Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, transmitting, pursuant to law, the report of report of a rule entitled ‘‘2012 Cumulative Environmental Protection Agency, transmit- a rule entitled ‘‘Federal Housing Administra- List of Changes in Plan Qualification Re- tion (FHA) Section 232 Healthcare Mortgage ting, pursuant to law, the report of a rule en- quirements’’ (Notice 2012–76) received in the Insurance Program: Partial Payment of titled ‘‘Approval and Promulgation of Air Office of the President of the Senate on De- Claims’’ (RIN2502–AJ04) received in the Of- Quality Implementation Plans; Indiana; cember 13, 2012; to the Committee on Fi- fice of the President of the Senate on Decem- Delaware County (Muncie), Indiana Ozone nance. ber 13, 2012; to the Committee on Banking, Maintenance Plan Revision to Approved EC–8649. A communication from the Chief Housing, and Urban Affairs. Motor Vehicle Emissions Budgets’’ (FRL No. of the Publications and Regulations Branch, EC–8633. A communication from the Assist- 9762–9) received in the Office of the President Internal Revenue Service, Department of the ant Secretary for Export Administration, of the Senate on December 18, 2012; to the Treasury, transmitting, pursuant to law, the Bureau of Industry and Security, Depart- Committee on Environment and Public report of a rule entitled ‘‘Voluntary Classi- ment of Commerce, transmitting, pursuant Works. fication Settlement Program’’ (Announce- to law, the report of a rule entitled ‘‘Revi- EC–8641. A communication from the Direc- ment 2012–45) received in the Office of the sions to Authorization Validated End-User tor of the Regulatory Management Division, President of the Senate on December 13, 2012; Provisions: Requirement for Notice of Ex- Environmental Protection Agency, transmit- to the Committee on Finance. port, Reexport or Transfer (In-Country) and ting, pursuant to law, the report of a rule en- EC–8650. A communication from the Chief Clarification Regarding Termination of Con- titled ‘‘Approval and Promulgation of Imple- of the Publications and Regulations Branch, ditions on VEU Authorizations’’ (RIN0694– mentation Plans; South Carolina 110(a) (1) Internal Revenue Service, Department of the AF19) received during adjournment of the and (2) Infrastructure Requirements for the Treasury, transmitting, pursuant to law, the Senate in the Office of the President of the 1997 and 2006 Fine Particulate Matter Na- report of a rule entitled ‘‘Voluntary Classi- Senate on December 14, 2012; to the Com- tional Ambient Air Quality Standards; Cor- fication Settlement Program - Temporary mittee on Banking, Housing, and Urban Af- rection’’ (FRL No. 9762–6) received in the Of- Eligibility Expansion’’ (Rev . Proc. 2012–46) fairs. fice of the President of the Senate on Decem- received in the Office of the President of the EC–8634. A communication from the Dep- ber 18, 2012; to the Committee on Environ- Senate on December 13, 2012; to the Com- uty Secretary, Division of Trading and Mar- ment and Public Works. mittee on Finance. kets, Securities and Exchange Commission, EC–8642. A communication from the Direc- EC–8651. A communication from the Chief transmitting, pursuant to law, the report of tor of the Regulatory Management Division, of the Publications and Regulations Branch, a rule entitled ‘‘Extension of Dates for Cer- Environmental Protection Agency, transmit- Internal Revenue Service, Department of the tain Requirements of Rule 19b-4(n) (1) and ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the Rule 19b-4(o) (2) and Amendment of Form titled ‘‘Approval and Promulgation of Air report of a rule entitled ‘‘Taxable Medical 19b-4’’ (RIN3235-AK87) received during ad- Quality Implementation Plans; State of Col- Devices’’ (TD 9604) received in the Office of journment of the Senate in the Office of the orado; Motor Vehicle Inspection and Mainte- the President of the Senate on December 13, President of the Senate on December 7, 2012; nance Program - Deletion of Final Enhanced 2012; to the Committee on Finance. to the Committee on Banking, Housing, and Inspection and Maintenance Emission EC–8652. A communication from the Chief Urban Affairs. Cutpoint Standards’’ (FRL No. 9676–3) re- of the Publications and Regulations Branch, EC–8635. A communication from the Chair- ceived in the Office of the President of the Internal Revenue Service, Department of the man of the Office of Proceedings, Surface Senate on December 18, 2012; to the Com- Treasury, transmitting, pursuant to law, the Transportation Board, Department of Trans- mittee on Environment and Public Works. report of a rule entitled ‘‘Update to An- portation, transmitting, pursuant to law, the EC–8643. A communication from the Direc- nouncement 2012–25 - Extension of Time’’ report of a rule entitled ‘‘Solid Waste Rail tor of the Regulatory Management Division, (Announcement 2012–50) received in the Of- Transfer Facilities’’ (RIN2140–AA92) received Environmental Protection Agency, transmit- fice of the President of the Senate on Decem- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- ber 18, 2012; to the Committee on Finance. on December 18, 2012; to the Committee on titled ‘‘National Emission Standards for Haz- EC–8653. A communication from the Chief Commerce, Science, and Transportation. ardous Air Pollutants for Chemical Manufac- of the Publications and Regulations Branch,

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8302 CONGRESSIONAL RECORD — SENATE December 20, 2012 Internal Revenue Service, Department of the Missouri, to the Special Exposure Cohort; to design, and for other purposes (Rept. No. 112– Treasury, transmitting, pursuant to law, the the Committee on Health, Education, Labor, 259). report of a rule entitled ‘‘FICA Taxes on and Pensions. f Wages Paid to Residents of the Philippines EC–8665. A communication from the Sec- for Services Performed in the Common- retary of Health and Human Services, trans- INTRODUCTION OF BILLS AND wealth of the Northern Mariana Islands’’ mitting, pursuant to law, the report of a pe- JOINT RESOLUTIONS tition to add workers who were employed at (Rev. Proc. 2012–43) received in the Office of The following bills and joint resolu- the President of the Senate on December 18, Nuclear Metals, Inc. (or subsequent owner) 2012; to the Committee on Finance. in West Concord, Massachusetts, to the Spe- tions were introduced, read the first EC–8654. A communication from the Acting cial Exposure Cohort; to the Committee on and second times by unanimous con- Secretary of Commerce, transmitting, pursu- Health, Education, Labor, and Pensions. sent, and referred as indicated: ant to law, a report relative to the export to EC–8666. A communication from the Sec- By Mr. CARPER: retary of Health and Human Services, trans- the People’s Republic of China of an item not S. 3699. A bill to amend title XVIII of the mitting, pursuant to law, the report of a pe- detrimental to the U.S. space launch indus- Social Security Act to include information tition to add workers who were employed at try; to the Committee on Foreign Relations. on the coverage of intensive behavioral ther- Oak Ridge National Laboratory (X–10) in EC–8655. A communication from the Assist- apy for obesity in the Medicare and You Oak Ridge, Tennessee, to the Special Expo- ant Secretary, Legislative Affairs, Depart- Handbook, to provide written notification to sure Cohort; to the Committee on Health, ment of State, transmitting, pursuant to beneficiaries and providers regarding new Education, Labor, and Pensions. law, a report relative to extending and Medicare coverage of intensive behavioral amending the Memorandum of Under- EC–8667. A communication from the Sec- retary of Health and Human Services, trans- therapy for obesity, and to provide for the standing Between the Government of the coordination of programs to prevent and United States of America and the Govern- mitting, pursuant to law, the report of a pe- tition to add workers who were employed at treat obesity, and for other purposes; to the ment of the Republic of Guatemala Con- Committee on Finance. cerning the Imposition of Import Restric- the Los Alamos National Laboratory in Los Alamos, New Mexico, to the Special Expo- By Mrs. MCCASKILL: tions on Archaeological Objects and Material S. 3700. A bill to amend the Internal Rev- from the Pre-Columbian Cultures of Guate- sure Cohort; to the Committee on Health, Education, Labor, and Pensions. enue Code of 1986 to protect employees in the mala; to the Committee on Foreign Rela- building and construction industry who are tions. EC–8668. A communication from the Sec- retary of Health and Human Services, trans- participants in multiemployer plans, and for EC–8656. A communication from the Assist- other purposes; to the Committee on Fi- ant Secretary, Legislative Affairs, Depart- mitting, pursuant to law, the report of a pe- tition to add workers who were employed at nance. ment of State, transmitting, pursuant to By Mr. HELLER (for himself and Mr. law, a report relative to the establishment of the Weldon Spring Plant in Weldon Spring, Missouri, to the Special Exposure Cohort; to REID): a Danger Pay Allowance for Tunisia; to the S. 3701. A bill to designate the Wovoka Wil- Committee on Foreign Relations. the Committee on Health, Education, Labor, and Pensions. derness and provide for certain land convey- EC–8657. A communication from the Assist- ances in Lyon County, Nevada, and for other ant Secretary, Legislative Affairs, Depart- EC–8669. A communication from the Sec- retary of Health and Human Services, trans- purposes; to the Committee on Energy and ment of State, transmitting, pursuant to Natural Resources. law, a report prepared by the Department of mitting, pursuant to law, the report of a pe- By Mr. KERRY (for himself, Mr. JOHN- State on progress toward a negotiated solu- tition to add workers who were employed at SON of South Dakota, Mr. WHITE- tion of the Cyprus question covering the pe- the Mound Plant in Miamisburg, Ohio, to the HOUSE, and Mr. FRANKEN): riod August 1, 2012 through September 30, Special Exposure Cohort; to the Committee on Health, Education, Labor, and Pensions. S. 3702. A bill to provide grants to establish 2012; to the Committee on Foreign Relations. veteran’s treatment courts; to the Com- EC–8658. A communication from the Assist- EC–8670. A communication from the Dep- mittee on the Judiciary. ant Secretary, Legislative Affairs, Depart- uty Director for Policy, Legislative and Reg- By Mr. WYDEN: ment of State, transmitting, a report rel- ulatory Department, Pension Benefit Guar- S. 3703. A bill to improve the ability of con- ative to section 38(f) (1) of the Arms Export anty Corporation, transmitting, pursuant to sumers to control their digital data usage, Control Act (Transmittal No. DDTC F10–001); law, the report of a rule entitled ‘‘Benefits promote Internet use, and for other pur- to the Committee on Foreign Relations. Payable in Terminated Single-Employer poses; to the Committee on Commerce, EC–8659. A communication from the Assist- Plans; Interest Assumptions for Valuing and Science, and Transportation. ant Secretary, Legislative Affairs, Depart- Paying Benefits’’ (29 CFR Part 4022) received By Mr. KYL (for himself and Mrs. FEIN- ment of State, transmitting, certification of during adjournment of the Senate in the Of- STEIN): proposed issuance of an export license pursu- fice of the President of the Senate on Decem- S. 3704. A bill to clarify the authorized uses ant to section 36(c) of the Arms Export Con- ber 12, 2012; to the Committee on Health, of funds in the Crime Victims Fund; to the trol Act (Transmittal No. DDTC 12–151); to Education, Labor , and Pensions. Committee on the Judiciary. the Committee on Foreign Relations. EC–8671. A communication from the Sec- EC–8660. A communication from the Assist- retary of Health and Human Services, trans- f mitting, pursuant to law, the Administra- ant Secretary, Legislative Affairs, Depart- SUBMISSION OF CONCURRENT AND ment of State, transmitting, certification of tion on Aging Report to Congress for Fiscal proposed issuance of an export license pursu- Year 2011; to the Committee on Health, Edu- SENATE RESOLUTIONS ant to section 36(c) of the Arms Export Con- cation, Labor, and Pensions. EC–8672. A communication from the Sec- The following concurrent resolutions trol Act (Transmittal No. DDTC 12–160); to retary of Health and Human Services, trans- and Senate resolutions were read, and the Committee on Foreign Relations. referred (or acted upon), as indicated: EC–8661. A communication from the Assist- mitting, pursuant to law, a report entitled ant Secretary, Legislative Affairs, Depart- ‘‘Targeted Grants to Increase the Well-Being By Mr. LUGAR: ment of State, transmitting, certification of of, and to Improve the Permanency Out- S. Res. 626. A resolution designating April proposed issuance of an export license pursu- comes for, Children Affected by Meth- 24, 2014, as ‘‘Jan Karski Day’’ ; to the Com- ant to section 36(c) of the Arms Export Con- amphetamine or Other Substance Abuse: mittee on the Judiciary. trol Act (Transmittal No. DDTC 12–147); to Second Annual Report to Congress’’ ; to the By Mr. REID: the Committee on Foreign Relations. Committee on Health, Education, Labor, and S. Res. 627. A resolution designating the EC–8662. A joint communication from the Pensions. Chairman of the Senate Committee on Ap- Presiding Governor and the Director (Inter- f propriations; considered and agreed to. national Broadcasting Bureau), Broadcasting REPORTS OF COMMITTEES f Board of Governors, transmitting, pursuant to law, the Board’s Performance and Ac- The following reports of committees ADDITIONAL COSPONSORS countability Report for fiscal year 2012; to were submitted: S. 32 the Committee on Foreign Relations. By Mr. LEAHY, from the Committee on At the request of Mr. LAUTENBERG, EC–8663. A communication from the Sec- the Judiciary: the names of the Senator from West retary of Health and Human Services, trans- Report to accompany H.R. 2471, a bill to mitting, pursuant to law, the report of a pe- amend section 2710 of title 18, United States Virginia (Mr. ROCKEFELLER) and the tition to add workers who were employed at Code, to clarify that a video tape service pro- Senator from Iowa (Mr. HARKIN) were the Mound Plant in Miamisburg, OH, to the vider may obtain a consumer’s informed, added as cosponsors of S. 32, a bill to Special Exposure Cohort; to the Committee written consent on an ongoing basis and that prohibit the transfer or possession of on Health, Education, Labor, and Pensions. consent may be obtained through the Inter- large capacity ammunition feeding de- EC–8664. A communication from the Sec- net (Rept. No. 112–258). vices, and for other purposes. retary of Health and Human Services, trans- By Mr. LEAHY, from the Committee on S. 998 mitting, pursuant to law, the report of a pe- the Judiciary, without amendment: tition to add workers who were employed at S. 3523. A bill to amend title 17, United At the request of Mr. AKAKA, the the United Nuclear Corporation in Hematite, States Code, to extend protection to fashion name of the Senator from Maryland

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8303 (Mr. CARDIN) was added as a cosponsor soring the Data Cap Integrity Act. This ing approval for government employee of S. 998, a bill to amend title IV of the bill will give consumers the tools they witnesses. This runs counter to the law Employee Retirement Income Security need to manage their own data usage, and is a matter of serious concern.’’ Act of 1974 to require the Pension Ben- institute industry-wide data measure- Here is a sample of U.S. Attorney efit Guaranty Corporation, in the case ment accuracy standards for ISPs, and websites, which shows that Advocates of airline pilots who are required by impose disciplines to ensure that ISPs’ make witness travel arrangements. regulation to retire at age 60, to com- data caps are truly designed to manage FLORIDA pute the actuarial value of monthly network congestion. Services provided to crime victims and benefits in the form of a life annuity The Data Measurement Integrity Act witnesses by the U.S. Attorney’s Office in- commencing at age 60. requires the Federal Communications clude: notice of case events; information Commission, or FCC, to establish concerning their rights; information about S. 1244 case proceedings and the criminal justice At the request of Ms. MURKOWSKI, her standards for how ISPs measure data system in general; referrals to medical and/ name was added as a cosponsor of S. and make certain that data caps are or social service providers; assistance with 1244, a bill to provide for preferential designed to manage network conges- travel arrangements; and logistical informa- duty treatment to certain apparel arti- tion rather than monetize data in ways tion concerning transportation, parking, cles of the Philippines. that undermine online innovation. Fur- child care, etc. thermore, this bill ensures that con- http://www.justice.gov/usao/fln/programs/ S. 1301 sumers are provided tools to manage VW/vwa.html At the request of Mr. LEAHY, the their data consumption and that ISPs VERMONT name of the Senator from Missouri The The U.S. Attorney’s Office Victim and cannot for purposes of measuring data, (Mrs. MCCASKILL) was added as a co- Witness Assistance Program can assist eligi- discriminate against any content. sponsor of S. 1301, a bill to authorize ble Federal crime victims and witnesses with Internet use is central to our lives appropriations for fiscal years 2012 the following: and to our economy. Future innovation Provide logistical information and assist- through 2015 for the Trafficking Vic- will undoubtedly require consumers to ance to witnesses with respect to directions, tims Protection Act of 2000, to enhance use more and more data, data caps transportation, parking, witness fees and measures to combat trafficking in per- should not impede this innovation and travel reimbursement; assistance with air- sons, and for other purposes. line and lodging arrangements is provided the jobs it creates. S. RES. 618 for out-of-state witnesses; I look forward to working with my http://www.justice.gov/usao/vt/vic- At the request of Mr. WICKER, his colleagues and stakeholders to discuss timlwitness/vwluaservices.html name was added as a cosponsor of S. this legislation, consider improve- NORTHERN DISTRICT OF ALABAMA Res. 618, a resolution observing the ments to it, and work toward its adop- If you have been subpoenaed to testify on 100th birthday of civil rights icon Rosa tion into law. behalf of the federal government and you are Parks and commemorating her legacy. not a federal government employee, you are entitled to certain fees for coming to court. f By Mr. KYL (for himself and Mrs. These are the types of fees that federal fact FEINSTEIN): STATEMENTS ON INTRODUCED witnesses are entitled to: S. 3704. A bill to clarify the author- BILLS AND JOINT RESOLUTIONS $40.00 for each day that you have to be ized uses of funds in the Crime Victims available to testify, plus travel days. By Mr. WYDEN: Fund; to the Committee on the Judici- Reimbursement for round-trip mileage to S. 3703. A bill to improve the ability ary. and from the courthouse at the current gov- of consumers to control their digital Mr. KYL. Mr. President, I rise to in- ernment mileage reimbursement rate if you data usage, promote Internet use, and troduce a bill to clarify the use of drove your privately-owned vehicle. for other purposes; to the Committee funds in the Crime Victims Fund. I am Reimbursement for parking, taxis, and ex- cess baggage fees. All of these claims must on Commerce, Science, and Transpor- pleased to be joined by Senator FEIN- tation. be supported by receipts. If you choose to STEIN. mail your receipts to the USAO at a later Mr. WYDEN. Mr. President, I rise Federal law makes money from the time, please advise the USAO staff member today to introduce legislation which Crime Victims Fund available to the assisting you that you will do so in order for promotes innovation and the expansion Department of Justice ‘‘for the United us to include these amounts in your reim- of the digital economy. States Attorneys Offices and the Fed- bursement. Every day, each and every American eral Bureau of Investigation to im- A daily meal allowance based on the cur- grows increasingly reliant on the Inter- prove services for the benefit of crime rent government meal allowance rate if you net. We use it at work, at home at victims in the Federal criminal justice are away from home overnight. You are not required to provide receipts for your meals. school, and on the go. The Internet has system, and for a Victim Notification To receive these entitlements, you are re- changed the way we communicate, the System.’’ 42 U.S.C. 10601(d)(3). quired to complete a form referred to as an way we share and speak, and it is This money is used, among other pur- OBD–3, Fact Witness Voucher. Our Victim- transforming our economy. poses, to fund positions for Victim Ad- Witness staff will assist you in completing As the Internet becomes increasingly vocates in the United States Attor- the form. If you have not completed your important to American consumers, neys’ Offices throughout the Federal form prior to being dismissed from court, businesses and innovators, Internet jurisdiction. These Advocates are cru- please contact them at the numbers set out Service Providers, or ISPs, are increas- earlier. cial to the system. If you are away from home overnight, we ingly imposing caps on the amount of We must make sure that DOJ uses will make travel, air, train, or bus fare, and data that consumers may move over Victim Advocates for services ‘‘for the lodging arrangements for you. If you need to the Net. Unfortunately, because of a benefit of crime victims.’’ make changes in these arrangements, we lack of competition in Internet Advocates should not be providing must make the changes for you. broadband services, the imposition of travel services. Advocates should not http://www.justice.gov/usao/aln/ data caps raises a public policy con- be forced to wear two hats: fact witness federalwitness.html cern. Data caps are appropriate if they management and victim services. Often WESTERN DISTRICT OF TENNESSEE As a victim or witness, you may have ques- are carefully constructed to manage these hats conflict with one another at tions about transportation, the location of network congestion but as the New the expense of victims. the courthouse, food service, or where to go York Times has editorialized, they According to a letter from John W. and what time to appear. You should feel ‘‘should not just be a way for Internet Gillis, the former Director of the Office free to ask either the case agent, the Assist- providers to extract monopoly rents.’’ for Victims of Crime, U.S. Department ant United States Attorney, or the Victim- The imposition of data caps also risks of Justice, ‘‘Travel services required of Witness Coordinator about them. If you are undermining online competition and Advocates have included approving an out-of-town witness, you must contact innovation as the market for digital fact witness travel, making or author- the Victim-Witness Coordinator to make all your travel arrangements, the federal gov- goods and services expands. izing travel arrangements or cancella- ernment is very specific on when it can and In order to empower consumers to tions, changes to travel and lodging ar- cannot reimburse witnesses. better manage their data usage and rangements for witnesses, reconciling http://www.justice.gov/usao/tnw/brochures/ promote online innovation, I am spon- errors, handling with hotels, and seek- vwhandbook.html

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8304 CONGRESSIONAL RECORD — SENATE December 20, 2012 NEW HAMPSHIRE tions as they prepare to testify about league, Senator KYL, in introducing Fact Witness: ‘‘a person whose testimony the specific events related to the legislation that will ensure that mon- consists of the recitation of facts or events.’’ crime. ies in the Crime Victims Fund are used The Victim Witness Specialist provides in- formation and education about the judicial There are other harmful effects of for their intended purpose, to help vic- process and assists witnesses who are sub- the travel work. Advocates are unable tims of crime. to regularly participate in victim-cen- poenaed to testify in a federal court pro- Senator KYL and I have long worked ceeding with travel arrangements and other tered meetings with state, local, and together to improve the treatment of needs and may come up relating to their ap- federal agencies. This limits the Advo- victims in our criminal justice system. pearance in court. The Victim Witness Spe- cates’ ability to learn about new re- cialist often accompanies the witness to the In 2004, we passed the Crime Victims’ sources, work together in adapting new Rights Act. Because of that legislation, courtroom to ensure the witness’s safety and strategies to help victims, share in in- to address any concerns the witness may for the first time, victims were given have while waiting to testify. formation that is necessary to assist the right to be heard in what is really http://www.justice.gov/usao/nh/aboutus/di- victims in the process, develop best their own case, and to participate in visions/vicwitdiv.html practices, planning to reduce stress and the proceedings against the accused. The interests of victims of serious trauma, learning about specific victim federal crimes, including crimes of vio- issues and current research to address The legislation we are introducing lence, such as rape, child molestation, some of the issues, provide community today will strengthen another area of and horrific homicides, whose needs are outreach, and develop training tools to federal law that has a profound impact immediate and complex, should not be educate the community to increase on the ability of victims to navigate subordinated to the demands of admin- awareness on victim rights issues. the criminal justice system. In 1984, istrative duties unrelated to Congress’ It is the intent of Congress by this Congress established the Crime Vic- purposes for the Crime Victims Fund. amendment to make it clear that the tims Fund to provide support for vic- Fact Witness travel responsibilities funds authorized for victims services tim compensation and assistance pro- directly hinder victim services by pro- under section 42 U.S.C. 10601(d)(3) be grams. This past year, $37 million from longing crisis response or intervention clearly limited to those purposes in- the Crime Victims Fund was used to techniques to help traumatized and cluding the work of victim advocates, support over 300 victim-witness coordi- grieving victims, delaying coordination victim advocate supervisors, and their nators and specialists within the De- with other social service agencies to direct support staff so that none of the partment of Justice’s 93 U.S. Attor- help victims of violence, decreasing money available is used for purposes ney’s Offices and the FBI’s 56 field of- time for Advocates to meet with vic- that do not benefit crime victims. fices. These personnel advise victims of tims to assess their immediate safety Mr. President, I ask unanimous con- their rights, update victims on the sta- needs and address them, and delaying sent that a letter of support and the tus of criminal proceedings against the or denying time to develop rapport and text of the bill be printed in the accused, and otherwise assist victims help victims understand their rights RECORD. with understanding the operation of and the criminal justice process. There being no objection, the mate- the judicial system. Victims often find the system over- rial was ordered to be printed in the However, it was recently brought to whelming and it is critical for the Ad- RECORD, as follows: the attention of Senator KYL and my- vocates to be able to meet with them DECEMBER 14, 2012. self that these victim-witness coordi- to explain their rights and speak per- Senator DIANNE FEINSTEIN, nators and specialists are being asked Hart Senate Office Building, Washington, DC. sonally to them to develop trust. Advo- to perform duties unrelated to the pro- cates must have time to address spe- Senator JON KYL, Hart Senate Office Building, Washington, DC. vision of services for victims. The di- cific victim centered issues. DEAR SENATORS FEINSTEIN AND KYL, I version of funds from victim services Many problems arise if Advocates do served as the Director, Office for Victims of prompted the National Organization not have such time: delaying or deny- Crime, U. S. Department of Justice from for Victim Assistance to send a letter ing time to implement effective strate- September, 2001 to January, 2009. During this past June, which I am submitting gies for reducing on-going trauma and that period it was our ongoing struggle with for the record, calling on Congress to stress; delaying or denying time to im- EOUSA to restrict spending VOCA funds to victims of crime and not to use funds for wit- clarify the purposes for which monies prove support systems and help victims in the Crime Victims Fund may be overcome the community pressures nesses who were not victims of crime. Travel services required of Advocates have used. Senator KYL’s and my legislation they may experience due to aiding the included approving fact witness travel, mak- would do just that. It will make clear prosecution; delaying or denying time ing or authorizing travel arrangements or that resources available under the to seek resources to meet the needs of cancellations, making changes to travel and Crime Victims Fund may be used only victims; delaying or denying time to lodging arrangements for witnesses, recon- to support services for victims. assist victims with impact statements; ciling errors, handling issues with hotels, delaying or denying time to help vic- and seeking approval for government em- A person who is a victim of a crime tims collect restitution information ployee witnesses. This runs counter to the may have never stepped foot inside a and associated receipts; delaying or de- law and is a matter of serious concern. courtroom or had any other inter- Respectfully, nying time to effect safety assessment action with our legal system prior to JOHN W. GILLIS, the commission of the crime. Yet, so and planning which can change with Former Director, Office for time; interrupting court accompani- Victims of Crime, much is at stake for that victim when ment, leaving victims to deal with a U.S. Department of Justice. the accused is prosecuted. Congress es- process that is intimidating and con- tablished the Crime Victims Fund to fusing, often forcing victims, including S. 3704 ensure that victims are able to fully child victims, to face the defendant Be it enacted by the Senate and House of Rep- participate in their case. We must alone without the emotional support, resentatives of the United States of America in make certain that 100 percent of these Congress assembled, guidance, and advocacy to which they funds are used to support victims dur- SECTION 1. CRIME VICTIMS FUND. ing their time of great need. are entitled; preventing the Advocate’s Section 1402(d)(3) of the Victims of Crime ability to assess the victim’s on-going Act of 1984 (42 U.S.C.10601(d)(3)) is amended The legislation Senator KYL and I are safety needs, which can change with by— introducing today has already passed time; preventing timely follow up and (1) inserting ‘‘(A)’’ before ‘‘Of the sums’’; out of the Judiciary Committee as part forcing delay finding additional re- and of the Justice For All Reauthorization sources or referrals to meet the needs (2) by adding at the end the following: Act of 2011. While that broader legisla- of the victims; and preventing proper ‘‘(B) Amounts made available under sub- tion has unfortunately stalled, it is my trial preparation and court room ori- paragraph (A) may not be used for any pur- hope that the Senate and House can pose that is not specified in subparagraph entation. Trial preparation is a vulner- (A).’’. quickly pass this one specific, able time for victims who often feel ex- uncontroversial piece, to ensure that posed, scared, and vulnerable. It can Mrs. FEINSTEIN. Mr. President, I victims of crime have all the support trigger a variety of emotions and reac- rise today to join my friend and col- that they need and deserve.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8305 SUBMITTED RESOLUTIONS SA 3409. Mr. PAUL submitted an amend- SA 3409. Mr. PAUL submitted an ment intended to be proposed by him to the amendment intended to be proposed by bill H.R. 1, supra; which was ordered to lie on him to the bill H.R. 1, making appro- SENATE RESOLUTION 626—DESIG- the table. priations for the Department of De- SA 3410. Mr. PAUL submitted an amend- NATING APRIL 24, 2014, AS ‘‘JAN fense and the other departments and KARSKI DAY’’ ment intended to be proposed by him to the bill H.R. 1, supra; which was ordered to lie on agencies of the Government for the fis- Mr. LUGAR submitted the following the table. cal year ending September 30, 2011, and resolution; which was referred to the SA 3411. Mr. COONS (for himself and Mr. for other purposes; which was ordered Committee on the Judiciary: CARPER) submitted an amendment intended to lie on the table; as follows: to be proposed by him to the bill H.R. 1, S. RES. 626 At the appropriate place, insert the fol- supra; which was ordered to lie on the table. lowing: Whereas Jan Karski was born on April 24, SA 3412. Mr. BINGAMAN (for himself, Mr. 1914, in Lodz, Poland; SEC. ll. BUDGET OFFSET AND ELIMINATING AKAKA, Mr. WYDEN, and Mr. WEBB) submitted THE EMERGENCY DESIGNATION. Whereas Jan Karski escaped the Soviet an amendment intended to be proposed by massacre in the Katyn forest in 1940; (a) OFFSETTING AMOUNTS.— him to the bill H.R. 1, supra; which was or- (1) IN GENERAL.—There is rescinded for fis- Whereas Jan Karski became a key emis- dered to lie on the table. sary in the Polish underground resistance cal year 2013 any unobligated balances in an SA 3413. Mr. CARPER (for himself and Mr. amount equal to $60,407,000,000 of the budget against Nazi occupation; COONS) submitted an amendment intended to Whereas Jan Karski chose to risk his own authority provided for fiscal year 2013 of any be proposed by him to the bill H.R. 1, supra; discretionary account in title II – United life by staying in Poland after escaping a which was ordered to lie on the table. prisoner of war camp and enduring Gestapo States Agency for International Develop- SA 3414. Mr. CARPER (for himself and Mr. ment, title III – Bilateral economic assist- torture in order to provide critical intel- COONS) submitted an amendment intended to ligence to the Allied war effort and alert Al- ance, and title IV – International security be proposed by him to the bill H.R. 1, supra; assistance as provided by the continuing ap- lied governments about the Holocaust; which was ordered to lie on the table. Whereas Jan Karski provided eyewitness propriations resolution of 2013 for the De- SA 3415. Ms. LANDRIEU submitted an partment of State, Foreign Operations and testimony during the war about the horrors amendment intended to be proposed by her in occupied Poland to British Foreign Min- Related Appropriations Act, 2012 (Public Law to the bill H.R. 1, supra; which was ordered 112-175). ister Anthony Eden and United States Presi- to lie on the table. dent Franklin Roosevelt; (2) LIMITATION.—Of the accounts and pro- SA 3416. Ms. LANDRIEU submitted an grams included in paragraph (1), the rescis- Whereas Jan Karski enrolled in George- amendment intended to be proposed by her town University after World War II and sions amounts shall not reduce the combined to the bill H.R. 1, supra; which was ordered aggregate budget authority of those ac- earned a doctor of philosophy in 1952; to lie on the table. Whereas Jan Karski became a United counts and programs below $5,000,000,000 for SA 3417. Mr. LIEBERMAN submitted an all of fiscal year 2013. States citizen and taught at Georgetown amendment intended to be proposed by him (3) EXCESS RECOVERED.—The amount of re- University for 40 years, dedicating the rest of to the bill H.R. 1, supra; which was ordered his life to ensuring that the full extent of the scission of budget authority in paragraphs to lie on the table. (1) and (2) that exceeds the level of unobli- Nazi atrocities are never forgotten; and SA 3418. Mr. LIEBERMAN submitted an gated balances in that section shall be re- Whereas Jan Karski was awarded the Pres- amendment intended to be proposed by him scinded, on a pro rata basis, from the budget idential Medal of Freedom posthumously on to the bill H.R. 1, supra; which was ordered authority provided for fiscal year 2013 from May 29, 2012, 1 of the highest civilian honors to lie on the table. any remaining discretionary accounts in any in the United States: Now, therefore, be it SA 3419. Mr. NELSON, of Florida sub- fiscal year 2013 appropriations Act (except Resolved, That the Senate— mitted an amendment intended to be pro- the accounts and programs included as pro- (1) designates April 24, 2014, as ‘‘Jan Karski posed by him to the bill H.R. 1, supra; which vided by the continuing appropriations reso- Day’’; was ordered to lie on the table. lution of 2013 for the Military Construction (2) recognizes the life and legacy of Dr. Jan SA 3420. Mr. COCHRAN submitted an and Veterans Affairs and Related Appropria- Karski and expresses its gratitude for his ef- amendment intended to be proposed by him tions Act, 2012). forts in informing the free world of the to the bill H.R. 1, supra; which was ordered (b) APPLICATION OF RESCISSIONS.—Of the atrocities committed by Nazi and totali- to lie on the table. tarian forces in Poland during World War II; total amount rescinded subject to including SA 3421. Mrs. FEINSTEIN (for herself and subsection (a)(2), the allocation of rescis- (3) applauds the awarding of the Presi- OXER) submitted an amendment in- Mrs. B sions from the accounts or programs as spec- dential Medal of Freedom to Jan Karski for tended to be proposed by her to the bill H.R. ified in subsection (a)(1), shall be determined his efforts during World War II and in re- 1, supra; which was ordered to lie on the by the Director of the Office of Management affirming the importance of the United table. and Budget. States-Polish bilateral relationship; and SA 3422. Mrs. FEINSTEIN (for herself and (c) REGULAR NOT EMERGENCY SPENDING.— (4) requests that the Secretary transmit an Mrs. BOXER) submitted an amendment in- Notwithstanding any other provision of this enrolled copy of this resolution to the family tended to be proposed to amendment SA 3421 Act, none of the funding provided by this Act of Jan Karski and to the Ambassador of Po- submitted by Mrs. FEINSTEIN (for herself and shall be considered to be emergency spending land to the United States. Mrs. BOXER) and intended to be proposed to for purposes of the Robert T. Stafford Dis- f the bill H.R. 1, supra; which was ordered to aster Relief and Emergency Assistance Act lie on the table. SENATE RESOLUTION 627—DESIG- and the Balanced Budget and Emergency SA 3423. Mr. DURBIN (for Ms. MURKOWSKI) Deficit Control Act of 1985. NATING THE CHAIRMAN OF THE proposed an amendment to the bill H.R. 443, SENATE COMMITTEE ON APPRO- to provide for the conveyance of certain SA 3410. Mr. PAUL submitted an PRIATIONS property from the United States to the amendment intended to be proposed by Mr. REID submitted the following Maniilaq Association located in Kotzebue, him to the bill H.R. 1, making appro- Alaska. resolution; which was considered and SA 3424. Mr. DURBIN (for Mr. BEGICH) pro- priations for the Department of De- agreed to: posed an amendment to the bill S. 2388, to re- fense and the other departments and S. RES. 627 authorize and amend the National Oceanic agencies of the Government for the fis- Resolved, That the following Senator is des- and Atmospheric Administration Commis- cal year ending September 30, 2011, and ignated as chairman of the following com- sioned Officer Corps Act of 2002, and for for other purposes; which was ordered mittee: other purposes. to lie on the table; as follows: COMMITTEE ON APPROPRIATIONS: Ms. f At the appropriate place, insert the fol- Mikulski, of Maryland. TEXT OF AMENDMENTS lowing: f SEC. ll. BUDGET OFFSET. SA 3408. Mr. PAUL submitted an (a) IN GENERAL.— AMENDMENTS SUBMITTED AND amendment intended to be proposed by PROPOSED (1) FINDING.—Congress finds that the Con- him to the bill H.R. 1, making appro- gressional Budget Office estimates that— SA 3408. Mr. PAUL submitted an amend- priations for the Department of De- (A) this Act, the Disaster Relief Appropria- ment intended to be proposed by him to the fense and the other departments and tions Act, 2013, will spend only 15 percent of bill H.R. 1, making appropriations for the agencies of the Government for the fis- the budget authority provided in this Act in Department of Defense and the other depart- cal year ending September 30, 2011, and fiscal year 2013; and ments and agencies of the Government for (B) total outlays flowing from this Act will the fiscal year ending September 30, 2011, and for other purposes; which was ordered equal $8,974,000,000 for fiscal year 2013. for other purposes; which was ordered to lie to lie on the table; as follows: (2) BUDGET AUTHORITY LIMIT.—The total on the table. On page 5, strike lines 12 through 14. amount provided to chapters 1, 2, 3, 4, 5, 6, 7,

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8306 CONGRESSIONAL RECORD — SENATE December 20, 2012 8, 9, and 10 of this Act shall be provided based Government for the fiscal year ending the Secretary shall work with the Adminis- on the Congressional Budget Office’s cost es- September 30, 2011, and for other pur- trator of the National Oceanic and Atmos- timate findings, such that— poses; which was ordered to lie on the pheric Administration, the Director of the (A) total budget authority for the Act shall table; as follows: National Park Service, and the Director of not exceed $8,974,000,000; the United States Fish and Wildlife Service (B) total budget authority provided for On page 66, line 13, after ‘‘1985’’ insert ‘‘: to encourage the beneficial use of sediment Chapter 1 shall not exceed $81,000,000; Provided further, That the Secretary may to enhance ecosystem restoration and storm (C) total budget authority provided for carry out projects that will restore or en- protection, including through modifications Chapter 2 shall not exceed $192,000,000; hance National Wildlife Refuges using of existing regional sediment management amounts made available under this heading (D) total budget authority provided for plans: Provided further, That for these in areas for which a major disaster declara- Chapter 3 shall not exceed $42,000,000; projects, the Secretary shall incorporate all tion for Hurricane Sandy has been made pur- (E) total budget authority provided for values accruing to the established business suant to the Robert T. Stafford Disaster Re- Chapter 4 shall not exceed $673,000,000; lines of the Corps of Engineers (navigation, lief and Emergency Assistance Act (42 U.S.C. (F) total budget authority provided for flood protection, environmental enhance- 5121 et seq.), which projects may be carried Chapter 5 shall not exceed $437,000,000; ment) in the benefits calculation:’’. out in cooperation with the Secretary of the (G) total budget authority provided for Army, acting through the Chief of Engi- Chapter 6 shall not exceed $6,681,000,000; Mr. CARPER (for himself neers’’. SA 3414. (H) total budget authority provided for and Mr. COONS) submitted an amend- Chapter 7 shall not exceed $147,000,000; SA 3412. Mr. BINGAMAN (for him- ment intended to be proposed by him (I) total budget authority provided for self, Mr. AKAKA, Mr. WYDEN, and Mr. to the bill H.R. 1, making appropria- Chapter 8 shall not exceed $85,000,000; WEBB) submitted an amendment in- tions for the Department of Defense (J) total budget authority provided for Chapter 9 shall not exceed $23,000,000; and tended to be proposed by him to the and the other departments and agen- (K) total budget authority provided for bill H.R. 1, making appropriations for cies of the Government for the fiscal Chapter 10 shall not exceed $613,000,000. the Department of Defense and the year ending September 30, 2011, and for (3) APPLICATION OF BUDGET AUTHORITY RE- other departments and agencies of the other purposes; which was ordered to DUCTION.—Of the total amount reduced in Government for the fiscal year ending lie on the table; as follows: this Act as subject to paragraph (2), the allo- September 30, 2011, and for other pur- On page 19, line 22, after ‘‘projects’’ insert cation of such reductions among the ac- poses; which was ordered to lie on the ‘‘, with such modifications as the Secretary counts and programs shall be determined by table; as follows: determines to be necessary to meet the goal the Director of Office of Management and At the appropriate place insert the fol- of providing sustainable reduction to flood- Budget. ing and storm damage risks’’. (b) OFFSETTING AMOUNTS.— lowing: SEC. ll. APPROVAL OF THE 2010 U.S.-PALAU (1) IN GENERAL.—There is rescinded for fis- SA 3415. Ms. LANDRIEU submitted cal year 2013 any unobligated balances in an AGREEMENT IN RESPONSE TO SUPER TYPHOON BOPHA. an amendment intended to be proposed amount equal to $8,974,000,000 of the budget (a) IN GENERAL.—The agreement entitled authority provided for fiscal year 2013 of any by her to the bill H.R. 1, making appro- ‘‘The Agreement Between the Government of discretionary account in title II – United priations for the Department of De- the United States of America and the Gov- fense and the other departments and States Agency for International Develop- ernment of the Republic of Palau Following ment, title III – Bilateral economic assist- the Compact of Free Association Section 432 agencies of the Government for the fis- ance, and title IV – International security Review’’ signed on September 3, 2010 (includ- cal year ending September 30, 2011, and assistance accounts and programs as pro- ing the appendices to the agreement) (re- for other purposes; which was ordered vided by the continuing appropriations reso- ferred to in this section as the ‘‘Agreement’’) to lie on the table; as follows: lution of 2013 for the Department of State, is approved (other than Article 7 to the ex- On page 51, strike lines 8 through 23 and in- Foreign Operations and Related Appropria- tent it extends Article X of the Federal Pro- tions Act, 2012 (Public Law 112-175). sert the following: grams and Services Agreement) and may ‘‘(1) IN GENERAL.—If the President declares (2) LIMIT.—Of the accounts and programs only enter into force after the Secretary of included in paragraph (1), the rescission a major disaster or emergency for an area State, in coordination with the Secretary of within the jurisdiction of a State, tribal, or amounts shall not reduce the combined ag- the Interior, enters into an implementing ar- gregate budget authority of those accounts local government, the President may reim- rangement with the Republic of Palau that burse the State, tribal, or local government and programs below $5,000,000,000 for all of makes the adjustments to dates and fiscal year 2013. for costs relating to— amounts as set forth in Senate Amendment ‘‘(A) basic pay and benefits for permanent (3) EXCESS RECOVERED.—The amount of re- 3331. scission of budget authority in paragraphs employees of the State, tribal, or local gov- (b) AMENDMENT.—Section 105(f)(1)(B)(ix) of ernment conducting emergency protective (1) and (2) that exceeds the level of unobli- the Compact of Free Association Amend- gated balances in those paragraphs shall be measures under this section, if— ments Act of 2003 (48 U.S. C. 1921d(f)(1)(B)(ix)) ‘‘(i) the work is not typically performed by rescinded, on a pro rata basis, from the budg- is amended by striking ‘‘2009’’ and inserting et authority provided for fiscal year 2013 the employees; and ‘‘2024’’. ‘‘(ii) the type of work may otherwise be from any remaining discretionary accounts (c) FUNDING.— in any fiscal year 2013 appropriations Act carried out by contract or agreement with (1) IN GENERAL.—There are appropriated to private organizations, firms, or individuals; (except the accounts and programs as pro- the Secretary of the Interior such sums as vided by the continuing appropriations reso- or are specified to carry out sections 1, 2(a), ‘‘(B) overtime and hazardous duty com- lution of 2013 for the Military Construction 4(a), and 5 of the Agreement for each of fiscal and Veterans Affairs and Related Appropria- pensation for permanent employees of the years 2014 through 2024. State, tribal, or local government con- tions Act, 2012). (2) AVAILABILITY.—Amounts appropriated (c) APPLICATION OF RESCISSIONS.—Of the ducting emergency protective measures under paragraph (1) shall remain available under this section. total amount rescinded subject to subsection until expended. (b), including paragraph (2) the allocation of ‘‘(2) OVERTIME.—The guidelines for reim- (3) EMERGENCY DESIGNATION.—Amounts ap- bursement for costs under paragraph (1) shall such rescissions among the accounts or pro- propriated under paragraph (1) are des- grams as specified in subsection (b)(1), shall ensure that no State, tribal, or local govern- ignated by Congress as being for an emer- ment is denied reimbursement for overtime be determined by the Director of the Office gency requirement pursuant to section 4(g) of Management and Budget. payments that are required pursuant to the of the Statutory Pay-As-You-Go Act of 2010 Fair Labor Standards Act of 1938 (29 U.S.C. (d) REGULAR NOT EMERGENCY SPENDING.— (Public Law 111-139; 2 U.S.C. 933(g)). Notwithstanding any other provision of this 201 et seq.). Act, none of the funding provided by this Act SA 3413. Mr. CARPER (for himself ‘‘(3) NO EFFECT ON MUTUAL AID PACTS.— shall be considered to be emergency spending Nothing in this subsection shall effect the and Mr. COONS) submitted an amend- ability of the President to reimburse labor for purposes of the Robert T. Stafford Dis- ment intended to be proposed by him aster Relief and Emergency Assistance Act force expenses provided pursuant to an au- and the Balanced Budget and Emergency to the bill H.R. 1, making appropria- thorized mutual aid pact.’’. Deficit Control Act of 1985. tions for the Department of Defense and the other departments and agen- SA 3416. Ms. LANDRIEU submitted SA 3411. Mr. COONS (for himself and cies of the Government for the fiscal an amendment intended to be proposed Mr. CARPER) submitted an amendment year ending September 30, 2011, and for by her to the bill H.R. 1, making appro- intended to be proposed by him to the other purposes; which was ordered to priations for the Department of De- bill H.R. 1, making appropriations for lie on the table; as follows: fense and the other departments and the Department of Defense and the On page 17, line 9, after ‘‘funds:’’ insert agencies of the Government for the fis- other departments and agencies of the ‘‘Provided further, That for these projects, cal year ending September 30, 2011, and

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8307 for other purposes; which was ordered SEC. 1106. MEDICARE DIRECT PAYMENT TO SECTION 1. CONVEYANCE OF PROPERTY. to lie on the table; as follows: PHARMACIES FOR CERTAIN COM- (a) IN GENERAL.—As soon as practicable POUNDED DRUGS THAT ARE PRE- after the date of the enactment of this Act, On page 53, line 10, strike ‘‘and’’ and all PARED BY THE PHARMACIES FOR A but not later than 180 days after such date, SPECIFIC BENEFICIARY FOR USE that follows through line 12 and insert the the Secretary of Health and Human Services following: THROUGH AN IMPLANTED INFUSION PUMP. (in this Act referred to as the ‘‘Secretary’’) (iii) for which the applicant has a non-Fed- (a) IN GENERAL.—The first sentence of sec- shall convey to the Maniilaq Association lo- eral share; and tion 1842(b)(6) of the Social Security Act (42 cated in Kotzebue, Alaska, all right, title, (iv) for which the applicant has received a U.S.C. 1395u(b)(6)) is amended— and interest of the United States in and to decision on a first appeal. (1) by striking ‘‘and’’ before ‘‘(H)’’; and the property described in section 2 for use in (2) by inserting before the period at the end connection with health and social services SA 3417. Mr. LIEBERMAN submitted the following: ‘‘, and (I) in the case of cov- programs. The Secretary’s conveyance of an amendment intended to be proposed ered compounded drugs that are prepared by title by warranty deed under this section by him to the bill H.R. 1, making ap- a pharmacy for a specific individual, are dis- shall, on its effective date, supersede and propriations for the Department of De- pensed, directly or indirectly, to the indi- render of no future effect on any Quitclaim Deed to the properties described in section 2 fense and the other departments and vidual, are necessary for the effective use of, or therapeutic benefit from, an implanted in- executed by the Secretary and the Maniilaq agencies of the Government for the fis- fusion pump (regardless who refills the Association. cal year ending September 30, 2011, and pump), and are billed directly by the phar- (b) CONDITIONS.—The conveyance required for other purposes; which was ordered macy, payment shall be made to the phar- by this section shall be made by warranty to lie on the table; as follows: macy’’. deed without consideration and without im- (b) EFFECTIVE DATE.—The amendments posing any obligation, term, or condition on On page 69, strike line 1 and insert the fol- the Maniilaq Association, or reversionary in- lowing: made by subsection (a) shall apply to drugs dispensed on or after the date of the enact- terest of the United States, other than that (m) HOUSES OF WORSHIP.—For purposes of ment of this Act. required by this Act or section 512(c)(2)(B) of providing assistance under the Robert T. the Indian Self-Determination and Edu- Stafford Disaster Relief and Emergency As- SA 3421. Mrs. FEINSTEIN (for herself cation Assistance Act (25 U.S.C. 458aaa– sistance Act (42 U.S.C. 5121 et seq.) relating and Mrs. BOXER) submitted an amend- 11(c)(2)(B)). to a major disaster declared by the President ment intended to be proposed by her to SEC. 2. PROPERTY DESCRIBED. under section 401 of such Act (42 U.S.C. 5170) The property, including all land and appur- relating to Hurricane Sandy, the term ‘‘pri- the bill H.R. 1, making appropriations for the Department of Defense and the tenances, to be conveyed pursuant to section vate nonprofit facility’’ shall include a house 1 is as follows: of worship. other departments and agencies of the (1) KOTZEBUE HOSPITAL AND LAND.—Re-Plat (n) APPLICABILITY.—Unless otherwise speci- Government for the fiscal year ending of Friends Mission Reserve, Subdivision No. fied, September 30, 2011, and for other pur- 2, U.S. Survey 2082, Lot 1, Block 12, poses; which was ordered to lie on the Kotzebue, Alaska, containing 8.10 acres re- SA 3418. Mr. LIEBERMAN submitted table; as follows: corded in the Kotzebue Recording District, an amendment intended to be proposed Viz: On Page 16, strike lines 17 through 20, Kotzebue, Alaska, on August 18, 2009. by him to the bill H.R. 1, making ap- and insert in lieu thereof: (2) KOTZEBUE QUARTERS AKA KIC SITE.—Re- ‘‘Provided further, That these funds may be plat of Friends Mission Reserve, U.S. Survey propriations for the Department of De- 2082, Lot 1A, Block 13, Kotzebue, Alaska, fense and the other departments and used to construct any project that is cur- rently under study by the Corps for reducing containing 5.229 acres recorded in the agencies of the Government for the fis- flooding and storm damage risks along the Kotzebue Recording District, Kotzebue, Alas- cal year ending September 30, 2011, and Atlantic coast within the North Atlantic or ka, on December 23, 1991. for other purposes; which was ordered the Mississippi Valley Divisions of the U.S. (3) KOTZEBUE QUARTERS AKA NANA SITE.— to lie on the table; as follows: Army Corps of Engineers that suffered direct Lot 1B, Block 26, Tract A, Townsite of impacts and significant monetary damages Kotzebue, U.S. Survey No. 2863 A, Kotzebue, On page 69, strike line 1 and insert the fol- Alaska, containing 1.29 acres recorded in the lowing: from Hurricanes Isaac or Sandy if the study demonstrates that the project will cost-ef- Kotzebue Recording District, Kotzebue, Alas- (m) HOUSES OF WORSHIP.—Section fectively reduce those risks and is environ- ka, on December 23, 1991. 102(10)(B) of the Robert T. Stafford Disaster mentally acceptable and technically feasible: SEC. 3. ENVIRONMENTAL LIABILITY. Relief and Emergency Assistance Act (42 Provided’’. (a) IN GENERAL.—Notwithstanding any U.S.C. 5122(10)(B)) is amended by inserting other provision of Federal law, the Maniilaq ‘‘houses of worship and’’ before ‘‘any private SA 3422. Mrs. FEINSTEIN (for herself Association shall not be liable for any soil, nonprofit facility’’. and Mrs. BOXER) submitted an amend- surface water, groundwater, or other con- (n) APPLICABILITY.—Unless otherwise speci- ment intended to be proposed to tamination resulting from the disposal, re- fied, amendment SA 3421 submitted by Mrs. lease, or presence of any environmental con- tamination, including any oil or petroleum FEINSTEIN (for herself and Mrs. BOXER) SA 3419. Mr. NELSON of Florida sub- products, or any hazardous substances, haz- and intended to be proposed to the bill ardous materials, hazardous waste, pollut- mitted an amendment intended to be H.R. 1, making appropriations for the proposed by him to the bill H.R. 1, ants, toxic substances, solid waste, or any Department of Defense and the other other environmental contamination or haz- making appropriations for the Depart- departments and agencies of the Gov- ard as defined in any Federal or State of ment of Defense and the other depart- ernment for the fiscal year ending Sep- Alaska law, on any property described in sec- ments and agencies of the Government tember 30, 2011, and for other purposes; tion 2 on or before the date on which all of for the fiscal year ending September 30, which was ordered to lie on the table; the properties described in section 2 were conveyed by quitclaim deed. 2011, and for other purposes; which was as follows: ordered to lie on the table; as follows: (b) EASEMENT.—The Secretary shall be ac- On Page 1 line 2, strike ‘‘risks’’ and all corded any easement or access to the prop- On page 5, line 14, strike ‘‘2012:’’ and insert that follows through ‘‘impacts’’ on line 4, erty conveyed as may be reasonably nec- ‘‘2012 and related to a fishery disaster that and insert in lieu thereof: essary to satisfy any retained obligations was requested during calendar year 2012 and risks in areas along the Atlantic coast and liability of the Secretary. declared by the Secretary after the date of within the North Atlantic or the Gulf Coast (c) NOTICE OF HAZARDOUS SUBSTANCE AC- the enactment of this Act:’’. within the Mississippi Valley Divisions of TIVITY AND WARRANTY.—The Secretary shall the U.S. Army Corps of Engineers that suf- comply with section 120(h)(3)(A) and (B) of fered direct surge inundation impacts SA 3420. Mr. COCHRAN submitted an the Comprehensive Environmental Response, amendment intended to be proposed by Compensation, and Liability Act of 1980 (42 SA 3423. Mr. DURBIN (for Ms. MUR- U.S.C. 9620(h)(3)(A)). him to the bill H.R. 1, making appro- KOWSKI) proposed an amendment to the priations for the Department of De- bill H.R. 443, to provide for the convey- SA 3424. Mr. DURBIN (for Mr. fense and the other departments and ance of certain property from the BEGICH) proposed an amendment to the agencies of the Government for the fis- United States to the Maniilaq Associa- bill S. 2388, to reauthorize and amend cal year ending September 30, 2011, and tion located in Kotzebue, Alaska; as the National Oceanic and Atmospheric for other purposes; which was ordered follows: Administration Commissioned Officer to lie on the table; as follows: Strike all after the enacting clause and in- Corps Act of 2002, and for other pur- After section 1105, insert the following: sert the following: poses; as follows:

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8308 CONGRESSIONAL RECORD — SENATE December 20, 2012 On page 50, line 20, strike ‘‘by section 5’’ MANIILAQ ASSOCIATION tamination resulting from the disposal, re- and insert ‘‘by section 4(a)’’. CONVEYANCE ACT lease, or presence of any environmental con- On page 55, lines 1 and 2, strike ‘‘, by and tamination, including any oil or petroleum with the advice and consent of the Senate’’. Mr. DURBIN. Mr. President, I ask products, or any hazardous substances, haz- On page 56, strike lines 9 through 19. unanimous consent that the Senate ardous materials, hazardous waste, pollut- On page 58, line 15, strike ‘‘alone’’. proceed to the immediate consider- ants, toxic substances, solid waste, or any On page 58, line 19, strike ‘‘alone’’. ation of Calendar No. 566, H.R. 443. other environmental contamination or haz- On page 59, line 4, strike ‘‘alone’’. The PRESIDING OFFICER. The ard as defined in any Federal or State of On page 61, line 22, strike ‘‘such Act’’ and Alaska law, on any property described in sec- insert ‘‘the National Oceanic and Atmos- clerk will report the bill by title. tion 2 on or before the date on which all of pheric Administration Commissioned Officer The legislative clerk read as follows: the properties described in section 2 were Corps Act of 2002’’. A bill (H.R. 443) to provide for the convey- conveyed by quitclaim deed. On page 85, strike lines 1 through 12. ance of certain property from the United States to the Maniilaq Association located (b) EASEMENT.—The Secretary shall be ac- f in Kotzebue, Alaska. corded any easement or access to the prop- There being no objection, the Senate erty conveyed as may be reasonably nec- AUTHORITY FOR COMMITTEES TO essary to satisfy any retained obligations MEET proceeded to consider the bill. and liability of the Secretary. Mr. DURBIN. I further ask that the COMMITTEE ON FINANCE (c) NOTICE OF HAZARDOUS SUBSTANCE AC- Murkowski substitute amendment at TIVITY AND WARRANTY.—The Secretary shall Mr. WARNER. Mr. President, I ask the desk be agreed to; the bill, as unanimous consent that the Com- comply with section 120(h)(3)(A) and (B) of amended, be read a third time and the Comprehensive Environmental Response, mittee on Finance be authorized to passed; the motions to reconsider be Compensation, and Liability Act of 1980 (42 meet during the session of the Senate considered made and laid on the table, U.S.C. 9620(h)(3)(A)). on December 20, 2012. with no intervening action or debate; The amendment was ordered to be The PRESIDING OFFICER. Without and that any statements be printed in engrossed and the bill to be read a objection, it is so ordered. the RECORD. third time. COMMITTEE ON FINANCE The PRESIDING OFFICER. Without The bill (H.R. 443), as amended, was Mr. WARNER. Mr. President, I ask objection, it is so ordered. read the third time and passed. unanimous consent that the Com- The amendment (No. 3423) was agreed mittee on Finance be authorized to to, as follows: f meet during the session of the Senate (Purpose: In the nature of a substitute) on December 20, 2012, at 2:30 p.m., in Strike all after the enacting clause and in- IMPROPER PAYMENTS ELIMI- room SD–215 of the Dirksen Senate Of- sert the following: NATION AND RECOVERY IM- fice Building. SECTION 1. CONVEYANCE OF PROPERTY. PROVEMENT ACT OF 2012 The PRESIDING OFFICER. Without (a) IN GENERAL.—As soon as practicable objection, it is so ordered. after the date of the enactment of this Act, Mr. DURBIN. Mr. President, I ask but not later than 180 days after such date, COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Senate the Secretary of Health and Human Services Mr. WARNER. Mr. President, I ask proceed to the consideration of H.R. (in this Act referred to as the ‘‘Secretary’’) 4053, which was just received from the unanimous consent that the Com- shall convey to the Maniilaq Association lo- mittee on Foreign Relations be author- cated in Kotzebue, Alaska, all right, title, House and is at the desk. ized to meet during the session of the and interest of the United States in and to The PRESIDING OFFICER. The Senate on December 20, 2012, at 9 a.m., the property described in section 2 for use in clerk will report the bill by title. to hold a hearing entitled, ‘‘Benghazi: connection with health and social services The legislative clerk read as follows: programs. The Secretary’s conveyance of The Attacks and the Lessons Learned.’’ A bill (H.R. 4053) to intensify efforts to title by warranty deed under this section The PRESIDING OFFICER. Without identify, prevent, and recover payment error, shall, on its effective date, supersede and objection, it is so ordered. waste, fraud and abuse within Federal spend- render of no future effect on any Quitclaim ing. COMMITTEE ON THE JUDICIARY Deed to the properties described in section 2 Mr. WARNER. Mr. President, I ask executed by the Secretary and the Maniilaq There being no objection, the Senate unanimous consent that the Com- Association. proceeded to consider the bill. mittee on the Judiciary be authorized (b) CONDITIONS.—The conveyance required Mr. DURBIN. Mr. President, I ask to meet during the session of the Sen- by this section shall be made by warranty unanimous consent that the bill be ate, on December 20, 2012, in SD–226 of deed without consideration and without im- posing any obligation, term, or condition on read three times and passed, with no the Dirksen Senate Office Building. the Maniilaq Association, or reversionary in- intervening action or debate and that The PRESIDING OFFICER. Without terest of the United States, other than that any related statements be printed in objection, it is so ordered. required by this Act or section 512(c)(2)(B) of the RECORD. SUBCOMMITTEE ON HOUSING, TRANSPORTATION, the Indian Self-Determination and Edu- The PRESIDING OFFICER. Without AND COMMUNITY DEVELOPMENT cation Assistance Act (25 U.S.C. 458aaa– objection, it is so ordered. Mr. WARNER. Mr. President, I ask 11(c)(2)(B)). The bill (H.R. 4053) was ordered to a SEC. 2. PROPERTY DESCRIBED. unanimous consent that the Com- third reading, was read the third time, mittee on Banking, Housing, and The property, including all land and appur- tenances, to be conveyed pursuant to section and passed. Urban Affairs’ Subcommittee on Hous- 1 is as follows: ing, Transportation, and Community (1) KOTZEBUE HOSPITAL AND LAND.—Re-Plat f Development be authorized to meet of Friends Mission Reserve, Subdivision No. during the session of the Senate on De- 2, U.S. Survey 2082, Lot 1, Block 12, NATIONAL OCEANIC AND ATMOS- cember 20, 2012, at 11 a.m., to conduct a Kotzebue, Alaska, containing 8.10 acres re- PHERIC ADMINISTRATION COM- hearing entitled ‘‘Recovering From corded in the Kotzebue Recording District, Kotzebue, Alaska, on August 18, 2009. MISSIONED OFFICER CORPS Superstorm Sandy: Rebuilding Our In- AMENDMENTS ACT OF 2012 frastructure.’’ (2) KOTZEBUE QUARTERS AKA KIC SITE.—Re- The PRESIDING OFFICER. Without plat of Friends Mission Reserve, U.S. Survey Mr. DURBIN. Mr. President, I ask objection, it is so ordered. 2082, Lot 1A, Block 13, Kotzebue, Alaska, unanimous consent that the Senate containing 5.229 acres recorded in the proceed to the immediate consider- f Kotzebue Recording District, Kotzebue, Alas- ka, on December 23, 1991. ation of Calendar No. 551, S. 2388. PRIVILEGES OF THE FLOOR (3) KOTZEBUE QUARTERS AKA NANA SITE.— The PRESIDING OFFICER. The Mr. CARDIN. Mr. President, I ask Lot 1B, Block 26, Tract A, Townsite of clerk will report the bill by title. unanimous consent that Janet Jac- Kotzebue, U.S. Survey No. 2863 A, Kotzebue, The legislative clerk read as follows: queline Emanuel, a fellow in Senator Alaska, containing 1.29 acres recorded in the A bill (S. 2388) to reauthorize and amend Kotzebue Recording District, Kotzebue, Alas- MARK UDALL’s office, be granted the the National Oceanic and Atmospheric Ad- ka, on December 23, 1991. privilege of the floor for the remainder ministration Commissioned Officer Corps SEC. 3. ENVIRONMENTAL LIABILITY. Act of 2002, and for other purposes. of the Senate’s session of the 112th (a) IN GENERAL.—Notwithstanding any Congress. other provision of Federal law, the Maniilaq There being no objection, the Senate The PRESIDING OFFICER. Without Association shall not be liable for any soil, proceeded to consider the bill, which objection, it is so ordered. surface water, groundwater, or other con- had been reported from the committee

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8309 on Commerce, Science, and Transpor- ‘‘(2) GRADES BELOW LIEUTENANT COM- burse the Secretary in an amount that bears the tation, with an amendment to strike MANDER.—The Secretary shall prescribe, with same ratio to the total costs of the training pro- all after the enacting clause and insert respect to the distribution on the lineal list in vided to that officer by the Secretary as the in lieu thereof the following: grade, the percentages applicable to the grades unserved portion of active duty bears to the of lieutenant, lieutenant (junior grade), and en- total period of active duty the officer agreed to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sign. serve. (a) SHORT TITLE.—This Act may be cited as ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN ‘‘(2) OBLIGATION AS DEBT TO UNITED STATES.— the ‘‘National Oceanic and Atmospheric Admin- GRADE.— An obligation to reimburse the Secretary under istration Commissioned Officer Corps Amend- ‘‘(1) IN GENERAL.—Not less frequently than paragraph (1) shall be considered for all pur- ments Act of 2012’’. once each year, the Secretary shall make a com- poses as a debt owed to the United States. (b) TABLE OF CONTENTS.—The table of con- putation to determine the number of officers on ‘‘(3) DISCHARGE IN BANKRUPTCY.—A discharge tents for this Act is as follows: the lineal list authorized to be serving in each in bankruptcy under title 11 that is entered less Sec. 1. Short title; table of contents. grade. than 5 years after the termination of a written Sec. 2. Strength and distribution in grade. ‘‘(2) METHOD OF COMPUTATION.—The number agreement entered into under subsection (a)(2) Sec. 3. Exclusion of officers recalled from re- in each grade shall be computed by applying the does not discharge the individual signing the tired status and positions of im- applicable percentage to the total number of agreement from a debt arising under such agree- portance and responsibility from such officers serving on active duty on the date ment. number of authorized commis- the computation is made. ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- sioned officers. ‘‘(3) FRACTIONS.—If a final fraction occurs in ANCE.—The Secretary may waive the service ob- Sec. 4. Obligated service requirement. computing the authorized number of officers in ligation of an officer who— Sec. 5. Training and physical fitness. a grade, the nearest whole number shall be ‘‘(1) becomes unqualified to serve on active Sec. 6. Appointments. taken. If the fraction is 1⁄2, the next higher duty in the commissioned officer corps of the Sec. 7. Personnel boards. whole number shall be taken. Administration because of a circumstance not Sec. 8. Temporary appointments. ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—The within the control of that officer; or Sec. 9. Officer candidates. total number of officers authorized by law to be ‘‘(2) is— Sec. 10. Involuntary retirement or separation. on the lineal list during a fiscal year may be ‘‘(A) not physically qualified for appointment; Sec. 11. Separation pay. temporarily exceeded if the average number on and Sec. 12. Applicability of certain provisions of that list during that fiscal year does not exceed ‘‘(B) determined to be unqualified for service title 10, United States Code. the authorized number. in the commissioned officer corps of the Admin- Sec. 13. Education loan repayment program. ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI- istration because of a physical or medical condi- Sec. 14. Interest payment program. BILITY.—Officers serving in positions designated tion that was not the result of the officer’s own Sec. 15. Student pre-commissioning education under section 228(a) and officers recalled from misconduct or grossly negligent conduct.’’. assistance program. retired status shall not be counted when com- (b) CLERICAL AMENDMENT.—The table of sec- Sec. 16. Limitation on educational assistance. puting authorized strengths under subsection (c) tions in section 1 of the Act entitled ‘‘An Act to Sec. 17. Applicability of certain provisions of and shall not count against those strengths. authorize the Hydrographic Service Improve- title 37, United States Code. ‘‘(f) PRESERVATION OF GRADE AND PAY.—No ment Act of 1998, and for other purposes’’ (Pub- Sec. 18. Application of certain provisions of officer may be reduced in grade or pay or sepa- lic Law 107–372) is amended by inserting after competitive service law. rated from the commissioned officer corps of the the item relating to section 215 the following: Administration as the result of a computation Sec. 19. Eligibility of all members of uniformed ‘‘Sec. 216. Obligated service requirement.’’. services for Legion of Merit made to determine the authorized number of of- award. ficers in the various grades.’’. SEC. 5. TRAINING AND PHYSICAL FITNESS. Sec. 20. Application of Employment and Reem- SEC. 3. EXCLUSION OF OFFICERS RECALLED (a) IN GENERAL.—Subtitle A of title II of the ployment Rights of Members of FROM RETIRED STATUS AND POSI- National Oceanic and Atmospheric Administra- the Uniformed Services to mem- TIONS OF IMPORTANCE AND RE- tion Commissioned Officer Corps Act of 2002 (33 bers of commissioned officer corps. SPONSIBILITY FROM NUMBER OF AU- U.S.C. 3001 et seq.), as amended by section 5, is THORIZED COMMISSIONED OFFI- further amended by adding at the end the fol- Sec. 21. Protected communications for commis- CERS. sioned officer corps and prohibi- lowing: Section 215 of the National Oceanic and At- ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. tion of retaliatory personnel ac- mospheric Administration Commissioned Officer ‘‘(a) TRAINING.—The Secretary may take such tions. Corps Act of 2002 (33 U.S.C. 3005) is amended— measures as may be necessary to ensure that of- Sec. 22. Criminal penalties for wearing uniform (1) in the matter before paragraph (1), by ficers are prepared to carry out their duties in without authority. striking ‘‘Effective’’ and inserting the following: the commissioned officer corps of the Adminis- Sec. 23. Report on status of officers in commis- ‘‘(a) IN GENERAL.—Effective’’; and sioned officer corps of National (2) by adding at the end the following new tration and proficient in the skills necessary to Oceanic and Atmospheric Admin- subsection: carry out such duties. Such measures may in- istration and Public Health Serv- ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI- clude the following: ice during Government shut- BILITY.—Officers serving in positions designated ‘‘(1) Carrying out training programs and cor- downs. under section 228 and officers recalled from re- respondence courses, including establishing and Sec. 24. Technical correction. tired status— operating a basic officer training program to Sec. 25. Report. ‘‘(1) may not be counted in determining the provide initial indoctrination and maritime vo- Sec. 26. Effective date. total number of authorized officers on the lineal cational training for officer candidates as well SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE. list under this section; and as refresher training, mid-career training, avia- Section 214 of the National Oceanic and At- ‘‘(2) may not count against such number.’’. tion training, and such other training as the Secretary considers necessary for officer devel- mospheric Administration Commissioned Officer SEC. 4. OBLIGATED SERVICE REQUIREMENT. opment and proficiency. Corps Act of 2002 (33 U.S.C. 3004) is amended to (a) IN GENERAL.—Subtitle A of title II of the ‘‘(2) Providing officers and officer candidates read as follows: National Oceanic and Atmospheric Administra- with books and school supplies. tion Commissioned Officer Corps Act of 2002 (33 ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN ‘‘(3) Acquiring such equipment as may be nec- GRADE. U.S.C. 3001 et seq.) is amended by adding at the essary for training and instructional purposes. ‘‘(a) GRADES.—The commissioned grades in end the following: ‘‘(b) PHYSICAL FITNESS.—The Secretary shall the commissioned officer corps of the Adminis- ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. ensure that officers maintain a high physical tration are the following, in relative rank with ‘‘(a) IN GENERAL.— state of readiness in preparation for functioning officers of the Navy: ‘‘(1) RULEMAKING.—The Secretary shall pre- as a service in the Navy during times of war, in- ‘‘(1) Vice admiral. scribe the obligated service requirements for ap- cluding by establishing standards of physical ‘‘(2) Rear admiral. pointments, training, promotions, separations, fitness for officers that are substantially equiva- ‘‘(3) Rear admiral (lower half). continuations, and retirement of officers not lent to those prescribed for officers in the ‘‘(4) Captain. otherwise covered by law. Navy.’’. ‘‘(5) Commander. ‘‘(2) WRITTEN AGREEMENTS.—The Secretary (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(6) Lieutenant commander. and officers shall enter into written agreements tions in section 1 of the Act entitled ‘‘An Act to ‘‘(7) Lieutenant. that describe the officers’ obligated service re- authorize the Hydrographic Service Improve- ‘‘(8) Lieutenant (junior grade). quirements prescribed under paragraph (1) in ment Act of 1998, and for other purposes’’ (Pub- ‘‘(9) Ensign. return for such appointments, training, pro- lic Law 107–372), as amended by section 4(b), is ‘‘(b) PROPORTION.— motions, separations, and retirements as the further amended by inserting after the item re- ‘‘(1) IN GENERAL.—The officers on the lineal Secretary considers appropriate. lating to section 216, as added by such section list shall be distributed in grade in the following ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE- 4(b), the following: percentages: QUIREMENTS.— ‘‘(A) 8 in the grade of captain. ‘‘(1) IN GENERAL.—The Secretary may require ‘‘Sec. 217. Training and physical fitness.’’. ‘‘(B) 14 in the grade of commander. an officer who fails to meet the service require- SEC. 6. APPOINTMENTS. ‘‘(C) 19 in the grade of lieutenant commander. ments prescribed under subsection (a)(1) to reim- (a) ORIGINAL APPOINTMENTS.—

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(1) IN GENERAL.—Section 221 of the National ‘‘(e) INTER-SERVICE TRANSFERS.—For inter- lieutenant junior grade, or lieutenant may be Oceanic and Atmospheric Administration Com- service transfers (as described in the Department made by the President alone. missioned Officer Corps Act of 2002 (33 U.S.C. of Defense Directive 1300.4 (dated December 27, ‘‘(b) TERMINATION.—A temporary appointment 3021) is amended to read as follows: 2006)) the Secretary shall— to a position under subsection (a) shall termi- ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE- ‘‘(1) coordinate with the Secretary of Defense nate upon approval of a permanent appoint- APPOINTMENTS. and the Secretary of the Department in which ment for such position made by the President ‘‘(a) ORIGINAL APPOINTMENTS.— the Coast Guard is operating to promote and alone. ‘‘(1) GRADES.— streamline inter-service transfers; ‘‘(c) ORDER OF PRECEDENCE.—Appointees ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(2) give preference to such inter-service under subsection (a) shall take precedence in paragraph (B), an original appointment of an transfers for recruitment purposes as determined the grade to which appointed in accordance officer may be made in such grades as may be appropriate by the Secretary; and with the dates of their appointments as officers appropriate for— ‘‘(3) reappoint such inter-service transfers to in such grade. The order of precedence of ap- ‘‘(i) the qualification, experience, and length the equivalent grade in the commissioned officer pointees who are appointed on the same date of service of the appointee; and corps.’’. shall be determined by the Secretary. (2) CLERICAL AMENDMENT.—The table of sec- ‘‘(ii) the commissioned officer corps of the Ad- ‘‘(d) ANY ONE GRADE.—When determined by tions in section 1 of the Act entitled ‘‘An Act to ministration. the Secretary to be in the best interest of the authorize the Hydrographic Service Improve- ‘‘(B) APPOINTMENT OF OFFICER CANDIDATES.— commissioned officer corps, officers in any per- ment Act of 1998, and for other purposes’’ (Pub- ‘‘(i) LIMITATION ON GRADE.—An original ap- manent grade may be temporarily promoted one lic Law 107–372) is amended by striking the item pointment of an officer candidate, upon gradua- grade by the President alone. Any such tem- relating to section 221 and inserting the fol- tion from the basic officer training program of porary promotion terminates upon the transfer lowing: the commissioned officer corps of the Adminis- of the officer to a new assignment.’’. tration, may not be made in any other grade ‘‘Sec. 221. Original appointments and re- than ensign. appointments.’’. SEC. 9. OFFICER CANDIDATES. (a) IN GENERAL.—Subtitle B of title II of the ‘‘(ii) RANK.—Officer candidates receiving ap- (b) APPOINTMENTS TO PERMANENT GRADES.— National Oceanic and Atmospheric Administra- pointments as ensigns upon graduation from Section 226 of such Act (33 U.S.C. 3026) is tion Commissioned Officer Corps Act of 2002 (33 basic officer training program shall take rank amended by striking ‘‘Appointments’’ and all U.S.C. 3021 et seq.) is amended by adding at the according to their proficiency as shown by the that follows and inserting the following: end the following: order of their merit at date of graduation. ‘‘(a) HIGHER GRADES.—Original appointments ‘‘(2) SOURCE OF APPOINTMENTS.—An original under section 221 in and promotions to the ‘‘SEC. 234. OFFICER CANDIDATES. appointment may be made from among the fol- grades of lieutenant commander and above shall ‘‘(a) DETERMINATION OF NUMBER.—The Sec- lowing: be made by the President, by and with the ad- retary shall determine the number of appoint- ‘‘(A) Graduates of the basic officer training vice and consent of the Senate. ments of officer candidates. program of the commissioned officer corps of the ‘‘(b) LOWER GRADES.—Original appointments ‘‘(b) APPOINTMENT.—Appointment of officer Administration. under section 221 in and promotions to the candidates shall be made under regulations ‘‘(B) Graduates of the military service acad- grades of ensign through lieutenant shall be which the Secretary shall prescribe, including emies of the United States who otherwise meet made by the President alone.’’. regulations with respect to determining age lim- the academic standards for enrollment in the SEC. 7. PERSONNEL BOARDS. its, methods of selection of officer candidates, training program described in subparagraph Section 222 of the National Oceanic and At- term of service as an officer candidate before (A). mospheric Administration Commissioned Officer graduation from the program, and all other mat- ‘‘(C) Licensed officers of the United States Corps Act of 2002 (33 U.S.C. 3022) is amended to ters affecting such appointment. merchant marine who have served 2 or more read as follows: years aboard a vessel of the United States in the ‘‘(c) DISMISSAL.—The Secretary may dismiss capacity of a licensed officer, who otherwise ‘‘SEC. 222. PERSONNEL BOARDS. from the basic officer training program of the meet the academic standards for enrollment in ‘‘(a) CONVENING.—Not less frequently than Administration any officer candidate who, dur- the training program described in subparagraph once each year and at such other times as the ing the officer candidate’s term as an officer (A). Secretary determines necessary, the Secretary candidate, the Secretary considers unsatisfac- ‘‘(3) MILITARY SERVICE ACADEMIES OF THE shall convene a personnel board. tory in either academics or conduct, or not UNITED STATES DEFINED.—In this subsection, the ‘‘(b) MEMBERSHIP.— adapted for a career in the commissioned officer term ‘military service academies of the United ‘‘(1) IN GENERAL.—A board convened under corps of the Administration. Officer candidates States’ means the following: subsection (a) shall consist of 5 or more officers shall be subject to rules governing discipline ‘‘(A) The United States Military Academy, who are serving in or above the permanent prescribed by the Director of the National Oce- West Point, New York. grade of the officers under consideration by the anic and Atmospheric Administration Commis- ‘‘(B) The United States Naval Academy, An- board. sioned Officer Corps. napolis, Maryland. ‘‘(2) RETIRED OFFICERS.—Officers on the re- ‘‘(d) AGREEMENT.— ‘‘(C) The United States Air Force Academy, tired list may be recalled to serve on such per- ‘‘(1) IN GENERAL.—Each officer candidate Colorado Springs, Colorado. sonnel boards as the Secretary considers nec- shall sign an agreement with the Secretary in ‘‘(D) The United States Coast Guard Acad- essary. accordance with section 216(a)(2) regarding the emy, New London, Connecticut. ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE officer candidate’s term of service in the commis- ‘‘(E) The United States Merchant Marine BOARDS.—No officer may be a member of 2 suc- sioned officer corps of the Administration. cessive personnel boards convened to consider Academy, Kings Point, New York. ‘‘(2) ELEMENTS.—An agreement signed by an ‘‘(b) REAPPOINTMENT.— officers of the same grade for promotion or sepa- officer candidate under paragraph (1) shall pro- ‘‘(1) IN GENERAL.—Except as provided in para- ration. vide that the officer candidate agrees to the fol- ‘‘(c) DUTIES.—Each personnel board shall— graph (2), an individual who previously served lowing: ‘‘(1) recommend to the Secretary such changes in the commissioned officer corps of the Admin- ‘‘(A) That the officer candidate will complete istration may be appointed by the Secretary to as may be necessary to correct any erroneous position on the lineal list that was caused by the course of instruction at the basic officer the grade the individual held prior to separa- training program of the Administration. tion. administrative error; and ‘‘(2) make selections and recommendations to ‘‘(B) That upon graduation from the such ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.—An program, the officer candidate— appointment under paragraph (1) to a position the Secretary and the President for the appoint- ‘‘(i) will accept an appointment, if tendered, of importance and responsibility designated ment, promotion, involuntary separation, con- as an officer; and under section 228 may only be made by the tinuation, and involuntary retirement of officers President, by and with the advice and consent in the commissioned officer corps of the Admin- ‘‘(ii) will serve on active duty for at least 4 of the Senate. istration as prescribed in this title. years immediately after such appointment. ‘‘(c) QUALIFICATIONS.—An appointment under ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC- ‘‘(e) REGULATIONS.—The Secretary shall pre- subsection (a) or (b) may not be given to an in- CEPTABLE.—If any recommendation by a board scribe regulations to carry out this section. Such dividual until the individual’s mental, moral, convened under subsection (a) is not accepted regulations shall include— physical, and professional fitness to perform the by the Secretary or the President, the board ‘‘(1) standards for determining what con- duties of an officer has been established under shall make such further recommendations as the stitutes a breach of an agreement signed under such regulations as the Secretary shall pre- Secretary or the President consider appro- such subsection (d)(1); and scribe. priate.’’. ‘‘(2) procedures for determining whether such ‘‘(d) PRECEDENCE OF APPOINTEES.—Ap- SEC. 8. TEMPORARY APPOINTMENTS. a breach has occurred. pointees under this section shall take precedence Section 229 of the National Oceanic and At- ‘‘(f) REPAYMENT.—An officer candidate or in the grade to which appointed in accordance mospheric Administration Commissioned Officer former officer candidate who does not fulfill the with the dates of their commissions as commis- Corps Act of 2002 (33 U.S.C. 3029) is amended to terms of the obligation to serve as specified sioned officers in such grade. Appointees whose read as follows: under section (d) shall be subject to the repay- dates of commission are the same shall take ‘‘SEC. 229. TEMPORARY APPOINTMENTS. ment provisions of section 216(b).’’. precedence with each other as the Secretary ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem- (b) CLERICAL AMENDMENT.—The table of sec- shall determine. porary appointments in the grade of ensign, tions in section 1 of the Act entitled ‘‘An Act to

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authorize the Hydrographic Service Improve- (3) by redesignating paragraphs (4) through ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— ment Act of 1998, and for other purposes’’ (Pub- (6) as paragraphs (8) through (10), respectively; ‘‘(1) IN GENERAL.—A person entering into an lic Law 107–372) is amended by inserting after (4) by inserting after paragraph (3) the fol- agreement described in subsection (b)(3) incurs the item relating to section 233 the following: lowing: an active duty service obligation. ‘‘Sec. 234. Officer candidates.’’. ‘‘(4) Section 771, relating to unauthorized ‘‘(2) LENGTH OF OBLIGATION DETERMINED UNDER REGULATIONS.— (c) OFFICER CANDIDATE DEFINED.—Section 212 wearing of uniforms. ‘‘(A) IN GENERAL.—Except as provided in sub- of such Act (33 U.S.C. 3002) is amended— ‘‘(5) Section 774, relating to wearing religious (1) by redesignating paragraphs (4) through apparel while in uniform. paragraph (B), the length of the obligation (6) as paragraphs (5) through (7), respectively; ‘‘(6) Section 982, relating to service on State under paragraph (1) shall be determined under and and local juries. regulations prescribed by the Secretary. (2) by inserting after paragraph (3) the fol- ‘‘(7) Section 1031, relating to administration of ‘‘(B) MINIMUM OBLIGATION.—The regulations lowing: oaths.’’; prescribed under subparagraph (A) may not pro- ‘‘(4) OFFICER CANDIDATE.—The term ‘officer (5) by inserting after paragraph (10), as redes- vide for a period of obligation of less than 1 year candidate’ means an individual who is enrolled ignated, the following: for each maximum annual amount, or portion in the basic officer training program of the Ad- ‘‘(11) Chapter 58, relating to the Benefits and thereof, paid on behalf of the person for quali- ministration and is under consideration for ap- Services for members being separated or recently fied loans. pointment as an officer under section separated.’’; and ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE ENTER- 221(a)(2)(A).’’. (6) by inserting after paragraph (17), as redes- ING INTO AGREEMENT.—The active duty service (d) PAY FOR OFFICER CANDIDATES.—Section ignated, the following: obligation of persons on active duty before en- 203 of title 37, United States Code, is amended ‘‘(18) Subchapter I of chapter 88, relating to tering into the agreement shall be served after by adding at the end the following: Military Family Programs. the conclusion of any other obligation incurred ‘‘(f)(1) An officer candidate enrolled in the ‘‘(19) Section 2005, relating to advanced edu- under the agreement. basic officer training program of the commis- cation assistance, active duty agreements, and ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI- sioned officer corps of the National Oceanic and reimbursement requirements.’’. GATION.— Atmospheric Administration is entitled, while ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer participating in such program, to monthly offi- SEC. 13. EDUCATION LOAN REPAYMENT PRO- who is relieved of the officer’s active duty obli- GRAM. cer candidate pay at monthly rate equal to the gation under this section before the completion (a) IN GENERAL.—Subtitle E of title II of the basic pay of an enlisted member in the pay of that obligation may be given any alternative National Oceanic and Atmospheric Administra- grade E–5 with less than 2 years service. obligation, at the discretion of the Secretary. ‘‘(2) An individual who graduates from such tion Commissioned Officer Corps Act of 2002 (33 ‘‘(2) REPAYMENT.—An officer who does not program shall receive credit for the time spent U.S.C. 3071 et seq.) is amended by adding at the complete the period of active duty specified in participating in such program as if such time end the following: the agreement entered into under subsection were time served while on active duty as a com- ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO- (b)(3), or the alternative obligation imposed missioned officer. If the individual does not GRAM. under paragraph (1), shall be subject to the re- graduate from such program, such time shall ‘‘(a) AUTHORITY TO REPAY EDUCATION payment provisions under section 216. not be considered creditable for active duty or LOANS.—For the purpose of maintaining ade- ‘‘(g) RULEMAKING.—The Secretary shall pre- pay.’’. quate numbers of officers of the commissioned scribe regulations to carry out this section, in- SEC. 10. INVOLUNTARY RETIREMENT OR SEPARA- officer corps of the Administration on active cluding— TION. duty who have skills required by the commis- ‘‘(1) standards for qualified loans and author- Section 241 of the National Oceanic and At- sioned officer corps, the Secretary may repay, in ized payees; and mospheric Administration Commissioned Officer the case of a person described in subsection (b), ‘‘(2) other terms and conditions for the mak- Corps Act of 2002 (33 U.S.C. 3041) is amended by a loan that— ing of loan repayments.’’. adding at the end the following: ‘‘(1) was used by the person to finance edu- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARA- cation; and tions in section 1 of the Act entitled ‘‘An Act to TION FOR MEDICAL REASONS.— ‘‘(2) was obtained from a governmental entity, authorize the Hydrographic Service Improve- ‘‘(1) IN GENERAL.—If the Secretary determines private financial institution, educational insti- ment Act of 1998, and for other purposes’’ (Pub- that the evaluation of the medical condition of tution, or other authorized entity. lic Law 107–372) is amended by inserting after an officer requires hospitalization or medical ob- ‘‘(b) ELIGIBLE PERSONS.—To be eligible to ob- the item relating to section 266 the following: servation that cannot be completed with con- tain a loan repayment under this section, a per- ‘‘Sec. 267. Education loan repayment pro- fidence in a manner consistent with the officer’s son must— gram.’’. well being before the date on which the officer ‘‘(1) satisfy 1 of the requirements specified in SEC. 14. INTEREST PAYMENT PROGRAM. would otherwise be required to retire or be sepa- subsection (c); rated under this section, the Secretary may (a) IN GENERAL.—Subtitle E of title II of the ‘‘(2) be fully qualified for, or hold, an ap- National Oceanic and Atmospheric Administra- defer the retirement or separation of the officer. pointment as a commissioned officer in the com- ‘‘(2) CONSENT REQUIRED.—A deferment may tion Commissioned Officer Corps Act of 2002 (33 missioned officer corps of the Administration; U.S.C. 3071 et seq.), as amended by section 13, is only be made with the written consent of the of- and ficer involved. If the officer does not provide further amended by adding at the end the fol- ‘‘(3) sign a written agreement to serve on ac- lowing: written consent to the deferment, the officer tive duty, or, if on active duty, to remain on ac- ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. shall be retired or separated as scheduled. tive duty for a period in addition to any other ‘‘(3) LIMITATION.—A deferral of retirement or ‘‘(a) AUTHORITY.—The Secretary may pay the incurred active duty obligation. separation under this subsection may not extend interest and any special allowances that accrue ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- for more than 30 days after completion of the on 1 or more student loans of an eligible officer, MENTS.—One of the following academic require- evaluation requiring hospitalization or medical in accordance with this section. ments must be satisfied for purposes of deter- observation.’’. ‘‘(b) ELIGIBLE OFFICERS.—An officer is eligible mining the eligibility of an individual for a loan for the benefit described in subsection (a) while SEC. 11. SEPARATION PAY. repayment under this section: the officer— Section 242 of the National Oceanic and At- ‘‘(1) The person is fully qualified in a profes- ‘‘(1) is serving on active duty; mospheric Administration Commissioned Officer sion that the Secretary has determined to be Corps Act of 2002 (33 U.S.C. 3042) is amended by ‘‘(2) has not completed more than 3 years of necessary to meet identified skill shortages in service on active duty; adding at the end the following: the commissioned officer corps. ‘‘(d) EXCEPTION.—An officer discharged for ‘‘(3) is the debtor on 1 or more unpaid loans ‘‘(2) The person is enrolled as a full-time stu- twice failing selection for promotion to the next described in subsection (c); and dent in the final year of a course of study at an higher grade is not entitled to separation pay ‘‘(4) is not in default on any such loan. accredited educational institution (as deter- under this section if the officer— ‘‘(c) STUDENT LOANS.—The authority to make ‘‘(1) expresses a desire not to be selected for mined by the Secretary of Education) leading to payments under subsection (a) may be exercised promotion; or a degree in a profession that will meet identified with respect to the following loans: ‘‘(2) requests removal from the list of select- skill shortages in the commissioned officer corps. ‘‘(1) A loan made, insured, or guaranteed ees.’’. ‘‘(d) LOAN REPAYMENTS.— under part B of title IV of the Higher Education SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS ‘‘(1) IN GENERAL.—Subject to the limits estab- Act of 1965 (20 U.S.C. 1071 et seq.). OF TITLE 10, UNITED STATES CODE. lished under paragraph (2), a loan repayment ‘‘(2) A loan made under part D of such title Section 261(a) of the National Oceanic and under this section may consist of the payment of (20 U.S.C. 1087a et seq.). Atmospheric Administration Commissioned Offi- the principal, interest, and related expenses of a ‘‘(3) A loan made under part E of such title cer Corps Act of 2002 (33 U.S.C. 3071(a)) is loan obtained by a person described in sub- (20 U.S.C. 1087aa et seq.). amended— section (b). ‘‘(d) MAXIMUM BENEFIT.—Interest and any (1) by redesignating paragraphs (13) through ‘‘(2) LIMITATION ON AMOUNT.—For each year special allowance may be paid on behalf of an (16) as paragraphs (20) through (23), respec- of obligated service that a person agrees to serve officer under this section for any of the 36 con- tively; in an agreement described in subsection (b)(3), secutive months during which the officer is eli- (2) by redesignating paragraphs (7) through the Secretary may pay not more than the gible under subsection (b). (12) as paragraphs (12) through (17), respec- amount specified in section 2173(e)(2) of title 10, ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary tively; United States Code. may use amounts appropriated for the pay and

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8312 CONGRESSIONAL RECORD — SENATE December 20, 2012 allowances of personnel of the commissioned of- pursuing on a full-time basis at an accredited ‘‘(A) the Secretary accepts a request by the ficer corps of the Administration for payments educational institution (as determined by the person to be released from an agreement de- under this section. Secretary of Education) a program of education scribed in subsection (b)(2); ‘‘(f) COORDINATION WITH SECRETARY OF EDU- approved by the Secretary that leads to— ‘‘(B) the misconduct of the person results in a CATION.— ‘‘(1) a baccalaureate degree in not more than failure to complete the period of active duty re- ‘‘(1) IN GENERAL.—The Secretary shall consult 5 academic years; or quired under the agreement; or with the Secretary of Education regarding the ‘‘(2) a postbaccalaureate degree. ‘‘(C) the person fails to fulfill any term or administration of this section. ‘‘(b) ELIGIBLE PERSONS.— condition of the agreement. ‘‘(2) TRANSFER OF FUNDS.—The Secretary ‘‘(1) IN GENERAL.—A person is eligible to ob- ‘‘(2) REIMBURSEMENT.—The Secretary may re- shall transfer to the Secretary of Education the tain financial assistance under subsection (a) if quire a person who receives assistance described funds necessary— the person— in subsection (c), (f), or (g) under an agreement ‘‘(A) to pay interest and special allowances on ‘‘(A) is enrolled on a full-time basis in a pro- entered into under subsection (b)(1)(C) to reim- student loans under this section (in accordance gram of education referred to in subsection (a) burse the Secretary in an amount that bears the with sections 428(o), 455(l), and 464(j) of the at any educational institution described in such same ratio to the total costs of the assistance Higher Education Act of 1965 (20 U.S.C. 1078(o), subsection; provided to that person as the unserved portion 1087e(l), and 1087dd(j)); and ‘‘(B) meets all of the requirements for accept- of active duty bears to the total period of active ‘‘(B) to reimburse the Secretary of Education ance into the commissioned officer corps of the duty the officer agreed to serve under the agree- for any reasonable administrative costs incurred Administration except for the completion of a ment. by the Secretary in coordinating the program baccalaureate degree; and ‘‘(3) WAIVER.—The Secretary may waive the under this section with the administration of ‘‘(C) enters into a written agreement with the service obligation of a person through an agree- the student loan programs under parts B, D, Secretary described in paragraph (2). ment entered into under subsection (b)(1)(C) if and E of title IV of the Higher Education Act of ‘‘(2) AGREEMENT.—A written agreement re- the person— 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa ferred to in paragraph (1)(C) is an agreement ‘‘(A) becomes unqualified to serve on active et seq.). between the person and the Secretary in which duty in the commissioned officer corps of the ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this the person agrees— Administration because of a circumstance not section, the term ‘special allowance’ means a ‘‘(A) to accept an appointment as an officer, within the control of that person; or special allowance that is payable under section if tendered; and ‘‘(B) is— 438 of the Higher Education Act of 1965 (20 ‘‘(B) upon completion of the person’s edu- ‘‘(i) not physically qualified for appointment; U.S.C. 1087–1).’’. cational program, agrees to serve on active duty, and ‘‘(ii) determined to be unqualified for service (b) CONFORMING AMENDMENTS.— immediately after appointment, for— (1) Section 428(o) of the Higher Education Act ‘‘(i) up to 3 years if the person received less in the commissioned officer corps of the Admin- of 1965 (20 U.S.C. 1078(o)) is amended— than 3 years of assistance; and istration because of a physical or medical condi- (A) by striking the subsection heading and in- ‘‘(ii) up to 5 years if the person received at tion that was not the result of the person’s own misconduct or grossly negligent conduct. serting ‘‘ARMED FORCES AND NOAA COMMIS- least 3 years of assistance. ‘‘(4) OBLIGATION AS DEBT TO UNITED STATES.— SIONED OFFICER CORPS STUDENT LOAN INTEREST ‘‘(c) QUALIFYING EXPENSES.—Expenses for An obligation to reimburse the Secretary im- PAYMENT PROGRAMS’’; and which financial assistance may be provided (B) in paragraph (1)— under subsection (a) are the following: posed under paragraph (2) is, for all purposes, (i) by inserting ‘‘or section 264 of the National ‘‘(1) Tuition and fees charged by the edu- a debt owed to the United States. ‘‘(5) DISCHARGE IN BANKRUPTCY.—A discharge Oceanic and Atmospheric Administration Com- cational institution involved. in bankruptcy under title 11, United States missioned Officer Corps Act of 2002’’ after ‘‘(2) The cost of books. Code, that is entered less than 5 years after the ‘‘Code,’’; and ‘‘(3) In the case of a program of education termination of a written agreement entered into (ii) by inserting ‘‘or an officer in the commis- leading to a baccalaureate degree, laboratory under subsection (b)(1)(C) does not discharge sioned officer corps of the National Oceanic and expenses. the person signing the agreement from a debt Atmospheric Administration, respectively,’’ after ‘‘(4) Such other expenses as the Secretary con- arising under such agreement or under para- ‘‘Armed Forces’’. siders appropriate. graph (2). (2) Sections 455(l) and 464(j) of the Higher ‘‘(d) LIMITATION ON AMOUNT.—The Secretary ‘‘(i) REGULATIONS.—The Secretary may pro- Education Act of 1965 (20 U.S.C. 1087e(l) and shall prescribe the amount of financial assist- mulgate such regulations and orders as the Sec- 1087dd(j)) are each amended— ance provided to a person under subsection (a), retary considers appropriate to carry out this (A) by striking the subsection heading and in- which may not exceed the amount specified in section.’’. serting ‘‘ARMED FORCES AND NOAA COMMIS- section 2173(e)(2) of title 10, United States Code, (b) CLERICAL AMENDMENT.—The table of sec- SIONED OFFICER CORPS STUDENT LOAN INTEREST for each year of obligated service that a person agrees to serve in an agreement described in tions in section 1 of the Act entitled ‘‘An Act to PAYMENT PROGRAMS’’; and authorize the Hydrographic Service Improve- (B) in paragraph (1)— subsection (b)(2). ment Act of 1998, and for other purposes’’ (Pub- (i) by inserting ‘‘or section 264 of the National ‘‘(e) DURATION OF ASSISTANCE.—Financial as- lic Law 107–372), as amended by section 14(c), is Oceanic and Atmospheric Administration Com- sistance may be provided to a person under sub- further amended by inserting after the item re- missioned Officer Corps Act of 2002’’ after section (a) for not more than 5 consecutive aca- lating to section 268, as added by such section ‘‘Code,’’; and demic years. 14(c), the following: (ii) by inserting ‘‘or an officer in the commis- ‘‘(f) SUBSISTENCE ALLOWANCE.— sioned officer corps of the National Oceanic and ‘‘(1) IN GENERAL.—A person who receives fi- ‘‘Sec. 269. Student pre-commissioning education Atmospheric Administration, respectively’’ after nancial assistance under subsection (a) shall be assistance program.’’. ‘‘Armed Forces’’. entitled to a monthly subsistence allowance at a SEC. 16. LIMITATION ON EDUCATIONAL ASSIST- ANCE. (c) CLERICAL AMENDMENT.—The table of sec- rate prescribed under paragraph (2) for the du- tions in section 1 of the Act entitled ‘‘An Act to ration of the period for which the person re- (a) IN GENERAL.—Each fiscal year, beginning authorize the Hydrographic Service Improve- ceives such financial assistance. with fiscal year 2013, the Secretary of Commerce ment Act of 1998, and for other purposes’’ (Pub- ‘‘(2) DETERMINATION OF AMOUNT.—The Sec- shall ensure that the total amount expended by lic Law 107–372), as amended by section 13(b), is retary shall prescribe monthly rates for subsist- the Secretary under section 267 of the National further amended by inserting after the item re- ence allowance provided under paragraph (1), Oceanic and Atmospheric Administration Com- lating to section 267, as added by such section which shall be equal to the amount specified in missioned Officer Corps Act of 2002 (as added by 13(b), the following: section 2144(a) of title 10, United States Code. section 13(a)), section 268 of such Act (as added ‘‘(g) INITIAL CLOTHING ALLOWANCE.— by section 14(a)), and section 269 of such Act (as ‘‘Sec. 268. Interest payment program.’’. ‘‘(1) TRAINING.—The Secretary may prescribe added by section 15(a)) does not exceed the SEC. 15. STUDENT PRE-COMMISSIONING EDU- a sum which shall be credited to each person amount by which— CATION ASSISTANCE PROGRAM. who receives financial assistance under sub- (1) the total amount the Secretary would pay (a) IN GENERAL.—Subtitle E of title II of the section (a) to cover the cost of the person’s ini- in that fiscal year to officer candidates under National Oceanic and Atmospheric Administra- tial clothing and equipment issue. section 203(f)(1) of title 37, United States Code tion Commissioned Officer Corps Act of 2002 (33 ‘‘(2) APPOINTMENT.—Upon completion of the (as added by section 9(d)), if such section enti- U.S.C. 3071 et seq.), as amended by sections 13 program of education for which a person re- tled officers candidates to pay at monthly rates and 14, is further amended by adding at the end ceives financial assistance under subsection (a) equal to the basic pay of a commissioned officer the following: and acceptance of appointment in the commis- in the pay grade O-1 with less than 2 years of ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU- sioned officer corps of the Administration, the service; exceeds CATION ASSISTANCE PROGRAM. person may be issued a subsequent clothing al- (2) the total amount the Secretary actually ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS- lowance equivalent to that normally provided to pays in that fiscal year to officer candidates SISTANCE.—For the purpose of maintaining ade- a newly appointed officer. under section 203(f)(1) of such title (as so quate numbers of officers of the commissioned ‘‘(h) TERMINATION OF FINANCIAL ASSIST- added). officer corps of the Administration on active ANCE.— (b) OFFICER CANDIDATE DEFINED.—In this sec- duty, the Secretary may provide financial as- ‘‘(1) IN GENERAL.—The Secretary shall termi- tion, the term ‘‘officer candidate’’ has the mean- sistance to a person described in subsection (b) nate the assistance provided to a person under ing given the term in section 212 of such Act (as for expenses of the person while the person is this section if— added by section 9(c)).

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 6333 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8313 SEC. 17. APPLICABILITY OF CERTAIN PROVISIONS SEC. 21. PROTECTED COMMUNICATIONS FOR which is at the desk, be agreed to; the OF TITLE 37, UNITED STATES CODE. COMMISSIONED OFFICER CORPS committee-reported substitute, as (a) IN GENERAL.—Subtitle E of title II of the AND PROHIBITION OF RETALIATORY National Oceanic and Atmospheric Administra- PERSONNEL ACTIONS. amended, be agreed to; the bill, as tion Commissioned Officer Corps Act of 2002 (33 (a) IN GENERAL.—Subsection (a) of section 261 amended, be read a third time and U.S.C. 3071 et seq.), as amended by sections 13 of the National Oceanic and Atmospheric Ad- passed; the motions to reconsider be through 15, is further amended by adding at the ministration Commissioned Officer Corps Act of laid on the table with no intervening end the following: 2002 (33 U.S.C. 3071(a)), as amended by section action or debate; and that any state- 12, is further amended— ‘‘SEC. 270. APPLICABILITY OF CERTAIN PROVI- ments be printed in the RECORD. (1) by redesignating paragraphs (8) through SIONS OF TITLE 37, UNITED STATES The PRESIDING OFFICER. Without CODE. (23) as paragraphs (9) through (24), respectively; ‘‘(a) PROVISIONS MADE APPLICABLE TO COM- and objection, it is so ordered. MISSIONED OFFICER CORPS.—The provisions of (2) by inserting after paragraph (7) the fol- The amendment (No. 3424) was agreed law applicable to the Armed Forces under the lowing: to, as follows: following provisions of title 37, United States ‘‘(8) Section 1034, relating to protected commu- On page 50, line 20, strike ‘‘by section 5’’ Code, shall apply to the commissioned officer nications and prohibition of retaliatory per- and insert ‘‘by section 4(a)’’. corps of the Administration: sonnel actions.’’. On page 55, lines 1 and 2, strike ‘‘, by and ‘‘(1) Section 324, relating to accession bonuses (b) CONFORMING AMENDMENT.—Subsection (b) with the advice and consent of the Senate’’. for new officers in critical skills. of such section is amended by adding at the end On page 56, strike lines 9 through 19. ‘‘(2) Section 403(f)(3), relating to prescribing the following: ‘‘For purposes of paragraph (8) of On page 58, line 15, strike ‘‘alone’’. regulations defining the terms ‘field duty’ and subsection (a), the term ‘Inspector General’ in On page 58, line 19, strike ‘‘alone’’. ‘sea duty’. section 1034 of such title 10 shall mean the In- On page 59, line 4, strike ‘‘alone’’. ‘‘(3) Section 403(l), relating to temporary con- spector General of the Department of Com- On page 61, line 22, strike ‘‘such Act’’ and tinuation of housing allowance for dependents merce.’’. insert ‘‘the National Oceanic and Atmos- of members dying on active duty. SEC. 22. CRIMINAL PENALTIES FOR WEARING pheric Administration Commissioned Officer ‘‘(4) Section 414(a)(2), relating to personal UNIFORM WITHOUT AUTHORITY. Corps Act of 2002’’. money allowance while serving as Director of Section 702 of title 18, United States Code, is On page 85, strike lines 1 through 12. the National Oceanic and Atmospheric Adminis- amended by striking ‘‘Service or any’’ and in- The committee amendment in the tration Commissioned Officer Corps. serting ‘‘Service, the commissioned officer corps ‘‘(5) Section 428, relating to allowances for re- of the National Oceanic and Atmospheric Ad- nature of a substitute, as amended, was cruiting expenses. ministration, or any’’. agreed to. ‘‘(6) Section 435, relating to allowances for fu- The bill (S. 2388) was ordered to be neral honors duty. SEC. 23. REPORT ON STATUS OF OFFICERS IN COMMISSIONED OFFICER CORPS OF engrossed for a third reading, was read ‘‘(b) REFERENCES.—The authority vested by NATIONAL OCEANIC AND ATMOS- the third time, and passed, as follows: title 37, United States Code, in the ‘military de- PHERIC ADMINISTRATION AND PUB- partments’, ‘the Secretary concerned’, or ‘the LIC HEALTH SERVICE DURING GOV- S. 2388 Secretary of Defense’ with respect to the provi- ERNMENT SHUTDOWNS. Be it enacted by the Senate and House of Rep- sions of law referred to in subsection (a) shall be Not later than 60 days after the date of the resentatives of the United States of America in exercised, with respect to the commissioned offi- enactment of this Act, the Attorney General Congress assembled, cer corps of the Administration when the com- shall submit to Congress a report that details SECTION 1. SHORT TITLE; TABLE OF CONTENTS. missioned officer corps is not operating as a whether officers of the commissioned officer (a) SHORT TITLE.—This Act may be cited as service in the Navy, by the Secretary of Com- corps of the National Oceanic and Atmospheric the ‘‘National Oceanic and Atmospheric Ad- merce or the Secretary’s designee.’’. Administration and the Public Health Service ministration Commissioned Officer Corps (b) CLERICAL AMENDMENT.—The table of sec- are treated as performing an essential level of Amendments Act of 2012’’. tions in section 1 of the Act entitled ‘‘An Act to activity to protect life and property during any (b) TABLE OF CONTENTS.—The table of con- authorize the Hydrographic Service Improve- period of a lapse in appropriations. tents for this Act is as follows: ment Act of 1998, and for other purposes’’ (Pub- SEC. 24. TECHNICAL CORRECTION. Sec. 1. Short title; table of contents. lic Law 107–372), as amended by section 15(b), is Section 101(21)(C) of title 38, United States further amended by inserting after the item re- Sec. 2. Strength and distribution in grade. Code, is amended by inserting ‘‘in the commis- Sec. 3. Exclusion of officers recalled from re- lating to section 269, as added by such section sioned officer corps’’ before ‘‘of the National’’. 15(b), the following: tired status and positions of im- SEC. 25. REPORT. portance and responsibility ‘‘Sec. 270. Applicability of certain provisions of (a) IN GENERAL.—Not later than 90 days after from number of authorized title 37, United States Code.’’. the date of the enactment of this Act, the Sec- commissioned officers. SEC. 18. APPLICATION OF CERTAIN PROVISIONS retary of Commerce shall submit to Congress a Sec. 4. Obligated service requirement. OF COMPETITIVE SERVICE LAW. report evaluating the current status and pro- Sec. 5. Training and physical fitness. Section 3304(f) of title 5, United States Code, jected needs of the commissioned officer corps of Sec. 6. Appointments. is amended— the National Oceanic and Atmospheric Adminis- Sec. 7. Personnel boards. (1) in paragraph (1), by inserting ‘‘and mem- tration to operate sufficiently through fiscal Sec. 8. Temporary appointments. bers of the commissioned officer corps of the Na- year 2017. Sec. 9. Officer candidates. tional Oceanic and Atmospheric Administration (b) CONTENTS.—The report required by sub- Sec. 10. Involuntary retirement or separa- (or its predecessor organization the Coast and section (a) shall include the following: tion. Geodetic Survey) separated from such uniformed (1) The average annual attrition rate of offi- Sec. 11. Separation pay. service’’ after ‘‘separated from the armed cers in the commissioned officer corps of the Na- Sec. 12. Applicability of certain provisions forces’’; tional Oceanic and Atmospheric Administration. of title 10, United States Code. (2) in paragraph (2), by striking ‘‘or veteran’’ (2) An estimate of the number of annual re- Sec. 13. Education loan repayment program. and inserting ‘‘, veteran, or member’’; and Sec. 14. Interest payment program. (3) in paragraph (4), by inserting ‘‘and mem- cruits that would reasonably be required to op- Sec. 15. Student pre-commissioning edu- bers of the commissioned officer corps of the Na- erate the commissioned officer corps sufficiently cation assistance program. tional Oceanic and Atmospheric Administration through fiscal year 2017. Sec. 16. Limitation on educational assist- (or its predecessor organization the Coast and (3) The projected impact of this Act on annual ance. Geodetic Survey) separated from such uniformed recruitment numbers through fiscal year 2017. (4) Identification of areas of duplication or Sec. 17. Applicability of certain provisions service’’ after ‘‘separated from the armed unnecessary redundancy in current activities of of title 37, United States Code. forces’’. the commissioned officer corps that could other- Sec. 18. Application of certain provisions of SEC. 19. ELIGIBILITY OF ALL MEMBERS OF UNI- wise be streamlined or eliminated to save costs. competitive service law. FORMED SERVICES FOR LEGION OF MERIT AWARD. (5) Such other matters as the Secretary con- Sec. 19. Eligibility of all members of uni- Section 1121 of title 10, United States Code, is siders appropriate regarding the provisions of formed services for Legion of amended by striking ‘‘armed forces’’ and insert- this Act and the amendments made by this Act. Merit award. ing ‘‘uniformed services’’. SEC. 26. EFFECTIVE DATE. Sec. 20. Application of Employment and Re- employment Rights of Members SEC. 20. APPLICATION OF EMPLOYMENT AND RE- Notwithstanding any other provision of this EMPLOYMENT RIGHTS OF MEMBERS Act, sections 2 through 22 shall take effect on of the Uniformed Services to OF THE UNIFORMED SERVICES TO the date that is 90 days after the date on which members of commissioned offi- MEMBERS OF COMMISSIONED OFFI- the Secretary of Commerce submits to Congress cer corps. CER CORPS. the report required by section 25(a). Sec. 21. Protected communications for com- Section 4303(16) of title 38, United States Code, missioned officer corps and pro- is amended by inserting ‘‘the commissioned offi- Mr. DURBIN. Mr. President, I further hibition of retaliatory per- cer corps of the National Oceanic and Atmos- ask unanimous consent that the com- sonnel actions. pheric Administration,’’ after ‘‘Public Health mittee-reported substitute amendment Sec. 22. Criminal penalties for wearing uni- Service,’’. be considered; the Begich amendment, form without authority.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0655 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8314 CONGRESSIONAL RECORD — SENATE December 20, 2012 Sec. 23. Technical correction. (2) by adding at the end the following new that officers are prepared to carry out their Sec. 24. Report. subsection: duties in the commissioned officer corps of Sec. 25. Effective date. ‘‘(b) POSITIONS OF IMPORTANCE AND RESPON- the Administration and proficient in the SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE. SIBILITY.—Officers serving in positions des- skills necessary to carry out such duties. Section 214 of the National Oceanic and At- ignated under section 228 and officers re- Such measures may include the following: mospheric Administration Commissioned Of- called from retired status— ‘‘(1) Carrying out training programs and ficer Corps Act of 2002 (33 U.S.C. 3004) is ‘‘(1) may not be counted in determining the correspondence courses, including estab- amended to read as follows: total number of authorized officers on the lishing and operating a basic officer training ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN lineal list under this section; and program to provide initial indoctrination GRADE. ‘‘(2) may not count against such number.’’. and maritime vocational training for officer ‘‘(a) GRADES.—The commissioned grades in SEC. 4. OBLIGATED SERVICE REQUIREMENT. candidates as well as refresher training, mid- the commissioned officer corps of the Ad- (a) IN GENERAL.—Subtitle A of title II of career training, aviation training, and such ministration are the following, in relative the National Oceanic and Atmospheric Ad- other training as the Secretary considers rank with officers of the Navy: ministration Commissioned Officer Corps necessary for officer development and pro- ‘‘(1) Vice admiral. Act of 2002 (33 U.S.C. 3001 et seq.) is amended ficiency. ‘‘(2) Rear admiral. by adding at the end the following: ‘‘(2) Providing officers and officer can- ‘‘(3) Rear admiral (lower half). ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. didates with books and school supplies. ‘‘(4) Captain. ‘‘(a) IN GENERAL.— ‘‘(3) Acquiring such equipment as may be ‘‘(5) Commander. ‘‘(1) RULEMAKING.—The Secretary shall necessary for training and instructional pur- ‘‘(6) Lieutenant commander. prescribe the obligated service requirements poses. ‘‘(7) Lieutenant. for appointments, training, promotions, sep- ‘‘(b) PHYSICAL FITNESS.—The Secretary ‘‘(8) Lieutenant (junior grade). arations, continuations, and retirement of shall ensure that officers maintain a high ‘‘(9) Ensign. officers not otherwise covered by law. physical state of readiness in preparation for ‘‘(b) PROPORTION.— ‘‘(2) WRITTEN AGREEMENTS.—The Secretary functioning as a service in the Navy during ‘‘(1) IN GENERAL.—The officers on the lineal and officers shall enter into written agree- times of war, including by establishing list shall be distributed in grade in the fol- ments that describe the officers’ obligated standards of physical fitness for officers that lowing percentages: service requirements prescribed under para- are substantially equivalent to those pre- ‘‘(A) 8 in the grade of captain. graph (1) in return for such appointments, scribed for officers in the Navy.’’. ‘‘(B) 14 in the grade of commander. training, promotions, separations, and re- (b) CLERICAL AMENDMENT.—The table of ‘‘(C) 19 in the grade of lieutenant com- tirements as the Secretary considers appro- sections in section 1 of the Act entitled ‘‘An mander. priate. Act to authorize the Hydrographic Service ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY ‘‘(2) GRADES BELOW LIEUTENANT COM- Improvement Act of 1998, and for other pur- REQUIREMENTS.— MANDER.—The Secretary shall prescribe, poses’’ (Public Law 107–372), as amended by with respect to the distribution on the lineal ‘‘(1) IN GENERAL.—The Secretary may re- section 4(b), is further amended by inserting list in grade, the percentages applicable to quire an officer who fails to meet the service after the item relating to section 216, as the grades of lieutenant, lieutenant (junior requirements prescribed under subsection added by such section 4(b), the following: (a)(1) to reimburse the Secretary in an grade), and ensign. ‘‘Sec. 217. Training and physical fitness.’’. amount that bears the same ratio to the ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN total costs of the training provided to that SEC. 6. APPOINTMENTS. GRADE.— officer by the Secretary as the unserved por- (a) ORIGINAL APPOINTMENTS.— ‘‘(1) IN GENERAL.—Not less frequently than tion of active duty bears to the total period (1) IN GENERAL.—Section 221 of the Na- once each year, the Secretary shall make a tional Oceanic and Atmospheric Administra- computation to determine the number of of- of active duty the officer agreed to serve. ‘‘(2) OBLIGATION AS DEBT TO UNITED tion Commissioned Officer Corps Act of 2002 ficers on the lineal list authorized to be serv- (33 U.S.C. 3021) is amended to read as follows: ing in each grade. STATES.—An obligation to reimburse the Secretary under paragraph (1) shall be con- ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE- ‘‘(2) METHOD OF COMPUTATION.—The number sidered for all purposes as a debt owed to the APPOINTMENTS. in each grade shall be computed by applying ‘‘(a) ORIGINAL APPOINTMENTS.— the applicable percentage to the total num- United States. ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis- ‘‘(1) GRADES.— ber of such officers serving on active duty on ‘‘(A) IN GENERAL.—Except as provided in the date the computation is made. charge in bankruptcy under title 11 that is entered less than 5 years after the termi- subparagraph (B), an original appointment of ‘‘(3) FRACTIONS.—If a final fraction occurs an officer may be made in such grades as in computing the authorized number of offi- nation of a written agreement entered into under subsection (a)(2) does not discharge may be appropriate for— cers in a grade, the nearest whole number ‘‘(i) the qualification, experience, and 1 the individual signing the agreement from a shall be taken. If the fraction is ⁄2, the next length of service of the appointee; and higher whole number shall be taken. debt arising under such agreement. ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- ‘‘(ii) the commissioned officer corps of the ‘‘(d) TEMPORARY INCREASE IN NUMBERS.— ANCE.—The Secretary may waive the service Administration. The total number of officers authorized by obligation of an officer who— ‘‘(B) APPOINTMENT OF OFFICER CAN- law to be on the lineal list during a fiscal ‘‘(1) becomes unqualified to serve on active DIDATES.— year may be temporarily exceeded if the av- duty in the commissioned officer corps of the ‘‘(i) LIMITATION ON GRADE.—An original ap- erage number on that list during that fiscal Administration because of a circumstance pointment of an officer candidate, upon grad- year does not exceed the authorized number. not within the control of that officer; or uation from the basic officer training pro- ‘‘(e) POSITIONS OF IMPORTANCE AND RESPON- ‘‘(2) is— gram of the commissioned officer corps of SIBILITY.—Officers serving in positions des- ‘‘(A) not physically qualified for appoint- the Administration, may not be made in any ignated under section 228(a) and officers re- other grade than ensign. called from retired status shall not be count- ment; and ‘‘(ii) RANK.—Officer candidates receiving ed when computing authorized strengths ‘‘(B) determined to be unqualified for serv- ice in the commissioned officer corps of the appointments as ensigns upon graduation under subsection (c) and shall not count from basic officer training program shall against those strengths. Administration because of a physical or medical condition that was not the result of take rank according to their proficiency as ‘‘(f) PRESERVATION OF GRADE AND PAY.—No shown by the order of their merit at date of officer may be reduced in grade or pay or the officer’s own misconduct or grossly neg- graduation. separated from the commissioned officer ligent conduct.’’. (b) CLERICAL AMENDMENT.—The table of ‘‘(2) SOURCE OF APPOINTMENTS.—An original corps of the Administration as the result of sections in section 1 of the Act entitled ‘‘An appointment may be made from among the a computation made to determine the au- Act to authorize the Hydrographic Service following: thorized number of officers in the various Improvement Act of 1998, and for other pur- ‘‘(A) Graduates of the basic officer training grades.’’. poses’’ (Public Law 107–372) is amended by in- program of the commissioned officer corps of SEC. 3. EXCLUSION OF OFFICERS RECALLED serting after the item relating to section 215 the Administration. FROM RETIRED STATUS AND POSI- the following: TIONS OF IMPORTANCE AND RE- ‘‘(B) Graduates of the military service SPONSIBILITY FROM NUMBER OF ‘‘Sec. 216. Obligated service requirement.’’. academies of the United States who other- AUTHORIZED COMMISSIONED OFFI- SEC. 5. TRAINING AND PHYSICAL FITNESS. wise meet the academic standards for enroll- CERS. (a) IN GENERAL.—Subtitle A of title II of ment in the training program described in Section 215 of the National Oceanic and At- the National Oceanic and Atmospheric Ad- subparagraph (A). mospheric Administration Commissioned Of- ministration Commissioned Officer Corps ‘‘(C) Licensed officers of the United States ficer Corps Act of 2002 (33 U.S.C. 3005) is Act of 2002 (33 U.S.C. 3001 et seq.), as amend- merchant marine who have served 2 or more amended— ed by section 4(a), is further amended by add- years aboard a vessel of the United States in (1) in the matter before paragraph (1), by ing at the end the following: the capacity of a licensed officer, who other- striking ‘‘Effective’’ and inserting the fol- ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. wise meet the academic standards for enroll- lowing: ‘‘(a) TRAINING.—The Secretary may take ment in the training program described in ‘‘(a) IN GENERAL.—Effective’’; and such measures as may be necessary to ensure subparagraph (A).

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‘‘(3) MILITARY SERVICE ACADEMIES OF THE sider officers of the same grade for pro- ing the officer candidate’s term of service in UNITED STATES DEFINED.—In this subsection, motion or separation. the commissioned officer corps of the Ad- the term ‘military service academies of the ‘‘(c) DUTIES.—Each personnel board shall— ministration. United States’ means the following: ‘‘(1) recommend to the Secretary such ‘‘(2) ELEMENTS.—An agreement signed by ‘‘(A) The United States Military Academy, changes as may be necessary to correct any an officer candidate under paragraph (1) West Point, New York. erroneous position on the lineal list that was shall provide that the officer candidate ‘‘(B) The United States Naval Academy, caused by administrative error; and agrees to the following: Annapolis, Maryland. ‘‘(2) make selections and recommendations ‘‘(A) That the officer candidate will com- ‘‘(C) The United States Air Force Acad- to the Secretary and the President for the plete the course of instruction at the basic emy, Colorado Springs, Colorado. appointment, promotion, involuntary sepa- officer training program of the Administra- ‘‘(D) The United States Coast Guard Acad- ration, continuation, and involuntary retire- tion. emy, New London, Connecticut. ment of officers in the commissioned officer ‘‘(B) That upon graduation from the such ‘‘(E) The United States Merchant Marine corps of the Administration as prescribed in program, the officer candidate— Academy, Kings Point, New York. this title. ‘‘(i) will accept an appointment, if ten- ‘‘(b) REAPPOINTMENT.— ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC- dered, as an officer; and ‘‘(1) IN GENERAL.—Except as provided in CEPTABLE.—If any recommendation by a ‘‘(ii) will serve on active duty for at least paragraph (2), an individual who previously board convened under subsection (a) is not 4 years immediately after such appointment. served in the commissioned officer corps of accepted by the Secretary or the President, ‘‘(e) REGULATIONS.—The Secretary shall the Administration may be appointed by the the board shall make such further rec- prescribe regulations to carry out this sec- Secretary to the grade the individual held ommendations as the Secretary or the Presi- tion. Such regulations shall include— prior to separation. dent consider appropriate.’’. ‘‘(1) standards for determining what con- ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.— SEC. 8. TEMPORARY APPOINTMENTS. stitutes a breach of an agreement signed An appointment under paragraph (1) to a po- Section 229 of the National Oceanic and At- under such subsection (d)(1); and sition of importance and responsibility des- mospheric Administration Commissioned Of- ‘‘(2) procedures for determining whether ignated under section 228 may only be made ficer Corps Act of 2002 (33 U.S.C. 3029) is such a breach has occurred. by the President. amended to read as follows: ‘‘(f) REPAYMENT.—An officer candidate or ‘‘(c) QUALIFICATIONS.—An appointment ‘‘SEC. 229. TEMPORARY APPOINTMENTS. former officer candidate who does not fulfill under subsection (a) or (b) may not be given ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem- the terms of the obligation to serve as speci- to an individual until the individual’s men- porary appointments in the grade of ensign, fied under section (d) shall be subject to the tal, moral, physical, and professional fitness lieutenant junior grade, or lieutenant may repayment provisions of section 216(b).’’. to perform the duties of an officer has been be made by the President. (b) CLERICAL AMENDMENT.—The table of established under such regulations as the ‘‘(b) TERMINATION.—A temporary appoint- sections in section 1 of the Act entitled ‘‘An Secretary shall prescribe. ment to a position under subsection (a) shall Act to authorize the Hydrographic Service ‘‘(d) PRECEDENCE OF APPOINTEES.—Ap- terminate upon approval of a permanent ap- Improvement Act of 1998, and for other pur- pointees under this section shall take prece- pointment for such position made by the poses’’ (Public Law 107–372) is amended by in- dence in the grade to which appointed in ac- President. serting after the item relating to section 233 cordance with the dates of their commissions ‘‘(c) ORDER OF PRECEDENCE.—Appointees the following: as commissioned officers in such grade. Ap- under subsection (a) shall take precedence in ‘‘Sec. 234. Officer candidates.’’. pointees whose dates of commission are the the grade to which appointed in accordance (c) OFFICER CANDIDATE DEFINED.—Section same shall take precedence with each other with the dates of their appointments as offi- 212 of the National Oceanic and Atmospheric as the Secretary shall determine. cers in such grade. The order of precedence Administration Commissioned Officer Corps ‘‘(e) INTER-SERVICE TRANSFERS.—For inter- of appointees who are appointed on the same Act of 2002 (33 U.S.C. 3002) is amended— service transfers (as described in the Depart- date shall be determined by the Secretary. (1) by redesignating paragraphs (4) through ment of Defense Directive 1300.4 (dated De- ‘‘(d) ANY ONE GRADE.—When determined by (6) as paragraphs (5) through (7), respec- cember 27, 2006)) the Secretary shall— the Secretary to be in the best interest of tively; and ‘‘(1) coordinate with the Secretary of De- the commissioned officer corps, officers in (2) by inserting after paragraph (3) the fol- fense and the Secretary of the Department in any permanent grade may be temporarily lowing: which the Coast Guard is operating to pro- promoted one grade by the President. Any ‘‘(4) OFFICER CANDIDATE.—The term ‘officer mote and streamline inter-service transfers; such temporary promotion terminates upon candidate’ means an individual who is en- ‘‘(2) give preference to such inter-service the transfer of the officer to a new assign- rolled in the basic officer training program transfers for recruitment purposes as deter- ment.’’. of the Administration and is under consider- mined appropriate by the Secretary; and SEC. 9. OFFICER CANDIDATES. ation for appointment as an officer under ‘‘(3) reappoint such inter-service transfers (a) IN GENERAL.—Subtitle B of title II of section 221(a)(2)(A).’’. to the equivalent grade in the commissioned the National Oceanic and Atmospheric Ad- (d) PAY FOR OFFICER CANDIDATES.—Section officer corps.’’. ministration Commissioned Officer Corps 203 of title 37, United States Code, is amend- (2) CLERICAL AMENDMENT.—The table of Act of 2002 (33 U.S.C. 3021 et seq.) is amended ed by adding at the end the following: sections in section 1 of the Act entitled ‘‘An by adding at the end the following: ‘‘(f)(1) An officer candidate enrolled in the Act to authorize the Hydrographic Service ‘‘SEC. 234. OFFICER CANDIDATES. basic officer training program of the com- Improvement Act of 1998, and for other pur- ‘‘(a) DETERMINATION OF NUMBER.—The Sec- missioned officer corps of the National Oce- poses’’ (Public Law 107–372) is amended by retary shall determine the number of ap- anic and Atmospheric Administration is en- striking the item relating to section 221 and pointments of officer candidates. titled, while participating in such program, inserting the following: ‘‘(b) APPOINTMENT.—Appointment of officer to monthly officer candidate pay at monthly ‘‘Sec. 221. Original appointments and re- candidates shall be made under regulations rate equal to the basic pay of an enlisted appointments.’’. which the Secretary shall prescribe, includ- member in the pay grade E–5 with less than SEC. 7. PERSONNEL BOARDS. ing regulations with respect to determining 2 years service. Section 222 of the National Oceanic and At- age limits, methods of selection of officer ‘‘(2) An individual who graduates from mospheric Administration Commissioned Of- candidates, term of service as an officer can- such program shall receive credit for the ficer Corps Act of 2002 (33 U.S.C. 3022) is didate before graduation from the program, time spent participating in such program as amended to read as follows: and all other matters affecting such appoint- if such time were time served while on active ‘‘SEC. 222. PERSONNEL BOARDS. ment. duty as a commissioned officer. If the indi- ‘‘(a) CONVENING.—Not less frequently than ‘‘(c) DISMISSAL.—The Secretary may dis- vidual does not graduate from such program, once each year and at such other times as miss from the basic officer training program such time shall not be considered creditable the Secretary determines necessary, the Sec- of the Administration any officer candidate for active duty or pay.’’. retary shall convene a personnel board. who, during the officer candidate’s term as SEC. 10. INVOLUNTARY RETIREMENT OR SEPARA- ‘‘(b) MEMBERSHIP.— an officer candidate, the Secretary considers TION. ‘‘(1) IN GENERAL.—A board convened under unsatisfactory in either academics or con- Section 241 of the National Oceanic and At- subsection (a) shall consist of 5 or more offi- duct, or not adapted for a career in the com- mospheric Administration Commissioned Of- cers who are serving in or above the perma- missioned officer corps of the Administra- ficer Corps Act of 2002 (33 U.S.C. 3041) is nent grade of the officers under consider- tion. Officer candidates shall be subject to amended by adding at the end the following: ation by the board. rules governing discipline prescribed by the ‘‘(d) DEFERMENT OF RETIREMENT OR SEPA- ‘‘(2) RETIRED OFFICERS.—Officers on the re- Director of the National Oceanic and Atmos- RATION FOR MEDICAL REASONS.— tired list may be recalled to serve on such pheric Administration Commissioned Officer ‘‘(1) IN GENERAL.—If the Secretary deter- personnel boards as the Secretary considers Corps. mines that the evaluation of the medical necessary. ‘‘(d) AGREEMENT.— condition of an officer requires hospitaliza- ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE ‘‘(1) IN GENERAL.—Each officer candidate tion or medical observation that cannot be BOARDS.—No officer may be a member of 2 shall sign an agreement with the Secretary completed with confidence in a manner con- successive personnel boards convened to con- in accordance with section 216(a)(2) regard- sistent with the officer’s well being before

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8316 CONGRESSIONAL RECORD — SENATE December 20, 2012 the date on which the officer would other- cational institution, or other authorized en- ‘‘(2) other terms and conditions for the wise be required to retire or be separated tity. making of loan repayments.’’. under this section, the Secretary may defer ‘‘(b) ELIGIBLE PERSONS.—To be eligible to (b) CLERICAL AMENDMENT.—The table of the retirement or separation of the officer. obtain a loan repayment under this section, sections in section 1 of the Act entitled ‘‘An ‘‘(2) CONSENT REQUIRED.—A deferment may a person must— Act to authorize the Hydrographic Service only be made with the written consent of the ‘‘(1) satisfy 1 of the requirements specified Improvement Act of 1998, and for other pur- officer involved. If the officer does not pro- in subsection (c); poses’’ (Public Law 107–372) is amended by in- vide written consent to the deferment, the ‘‘(2) be fully qualified for, or hold, an ap- serting after the item relating to section 266 officer shall be retired or separated as sched- pointment as a commissioned officer in the the following: uled. commissioned officer corps of the Adminis- ‘‘Sec. 267. Education loan repayment pro- ‘‘(3) LIMITATION.—A deferral of retirement tration; and gram.’’. or separation under this subsection may not ‘‘(3) sign a written agreement to serve on SEC. 14. INTEREST PAYMENT PROGRAM. extend for more than 30 days after comple- active duty, or, if on active duty, to remain tion of the evaluation requiring hospitaliza- on active duty for a period in addition to any (a) IN GENERAL.—Subtitle E of title II of tion or medical observation.’’. other incurred active duty obligation. the National Oceanic and Atmospheric Ad- ministration Commissioned Officer Corps SEC. 11. SEPARATION PAY. ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- Act of 2002 (33 U.S.C. 3071 et seq.), as amend- Section 242 of the National Oceanic and At- MENTS.—One of the following academic re- ed by section 13, is further amended by add- mospheric Administration Commissioned Of- quirements must be satisfied for purposes of ing at the end the following: ficer Corps Act of 2002 (33 U.S.C. 3042) is determining the eligibility of an individual amended by adding at the end the following: for a loan repayment under this section: ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. ‘‘(d) EXCEPTION.—An officer discharged for ‘‘(1) The person is fully qualified in a pro- ‘‘(a) AUTHORITY.—The Secretary may pay twice failing selection for promotion to the fession that the Secretary has determined to the interest and any special allowances that next higher grade is not entitled to separa- be necessary to meet identified skill short- accrue on 1 or more student loans of an eligi- tion pay under this section if the officer— ages in the commissioned officer corps. ble officer, in accordance with this section. ‘‘(1) expresses a desire not to be selected ‘‘(2) The person is enrolled as a full-time ‘‘(b) ELIGIBLE OFFICERS.—An officer is eli- for promotion; or student in the final year of a course of study gible for the benefit described in subsection ‘‘(2) requests removal from the list of se- at an accredited educational institution (as (a) while the officer— lectees.’’. determined by the Secretary of Education) ‘‘(1) is serving on active duty; SEC. 12. APPLICABILITY OF CERTAIN PROVI- leading to a degree in a profession that will ‘‘(2) has not completed more than 3 years SIONS OF TITLE 10, UNITED STATES meet identified skill shortages in the com- of service on active duty; CODE. missioned officer corps. ‘‘(3) is the debtor on 1 or more unpaid loans Section 261(a) of the National Oceanic and ‘‘(d) LOAN REPAYMENTS.— described in subsection (c); and Atmospheric Administration Commissioned ‘‘(1) IN GENERAL.—Subject to the limits es- ‘‘(4) is not in default on any such loan. Officer Corps Act of 2002 (33 U.S.C. 3071(a)) is tablished under paragraph (2), a loan repay- ‘‘(c) STUDENT LOANS.—The authority to amended— ment under this section may consist of the make payments under subsection (a) may be (1) by redesignating paragraphs (13) payment of the principal, interest, and re- exercised with respect to the following loans: through (16) as paragraphs (20) through (23), lated expenses of a loan obtained by a person ‘‘(1) A loan made, insured, or guaranteed respectively; described in subsection (b). under part B of title IV of the Higher Edu- (2) by redesignating paragraphs (7) through ‘‘(2) LIMITATION ON AMOUNT.—For each year cation Act of 1965 (20 U.S.C. 1071 et seq.). (12) as paragraphs (12) through (17), respec- of obligated service that a person agrees to ‘‘(2) A loan made under part D of such title tively; serve in an agreement described in sub- (20 U.S.C. 1087a et seq.). (3) by redesignating paragraphs (4) through section (b)(3), the Secretary may pay not ‘‘(3) A loan made under part E of such title (6) as paragraphs (8) through (10), respec- more than the amount specified in section (20 U.S.C. 1087aa et seq.). tively; 2173(e)(2) of title 10, United States Code. ‘‘(d) MAXIMUM BENEFIT.—Interest and any (4) by inserting after paragraph (3) the fol- ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— special allowance may be paid on behalf of lowing: ‘‘(1) IN GENERAL.—A person entering into an officer under this section for any of the 36 ‘‘(4) Section 771, relating to unauthorized an agreement described in subsection (b)(3) consecutive months during which the officer wearing of uniforms. incurs an active duty service obligation. is eligible under subsection (b). ‘‘(5) Section 774, relating to wearing reli- ‘‘(2) LENGTH OF OBLIGATION DETERMINED ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary gious apparel while in uniform. UNDER REGULATIONS.— may use amounts appropriated for the pay ‘‘(6) Section 982, relating to service on ‘‘(A) IN GENERAL.—Except as provided in and allowances of personnel of the commis- State and local juries. subparagraph (B), the length of the obliga- sioned officer corps of the Administration for ‘‘(7) Section 1031, relating to administra- tion under paragraph (1) shall be determined payments under this section. tion of oaths.’’; under regulations prescribed by the Sec- ‘‘(f) COORDINATION WITH SECRETARY OF (5) by inserting after paragraph (10), as re- retary. EDUCATION.— designated, the following: ‘‘(B) MINIMUM OBLIGATION.—The regula- ‘‘(1) IN GENERAL.—The Secretary shall con- ‘‘(11) Chapter 58, relating to the Benefits tions prescribed under subparagraph (A) may sult with the Secretary of Education regard- and Services for members being separated or not provide for a period of obligation of less ing the administration of this section. recently separated.’’; and than 1 year for each maximum annual ‘‘(2) TRANSFER OF FUNDS.—The Secretary (6) by inserting after paragraph (17), as re- amount, or portion thereof, paid on behalf of shall transfer to the Secretary of Education designated, the following: the person for qualified loans. the funds necessary— ‘‘(18) Subchapter I of chapter 88, relating to ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN- ‘‘(A) to pay interest and special allowances Military Family Programs. TERING INTO AGREEMENT.—The active duty on student loans under this section (in ac- ‘‘(19) Section 2005, relating to advanced service obligation of persons on active duty cordance with sections 428(o), 455(l), and education assistance, active duty agree- before entering into the agreement shall be 464(j) of the Higher Education Act of 1965 (20 ments, and reimbursement requirements.’’. served after the conclusion of any other obli- U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and SEC. 13. EDUCATION LOAN REPAYMENT PRO- gation incurred under the agreement. ‘‘(B) to reimburse the Secretary of Edu- GRAM. ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI- cation for any reasonable administrative (a) IN GENERAL.—Subtitle E of title II of GATION.— costs incurred by the Secretary in coordi- the National Oceanic and Atmospheric Ad- ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer nating the program under this section with ministration Commissioned Officer Corps who is relieved of the officer’s active duty the administration of the student loan pro- Act of 2002 (33 U.S.C. 3071 et seq.) is amended obligation under this section before the com- grams under parts B, D, and E of title IV of by adding at the end the following: pletion of that obligation may be given any the Higher Education Act of 1965 (20 U.S.C. ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO- alternative obligation, at the discretion of 1071 et seq., 1087a et seq., 1087aa et seq.). GRAM. the Secretary. ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this ‘‘(a) AUTHORITY TO REPAY EDUCATION ‘‘(2) REPAYMENT.—An officer who does not section, the term ‘special allowance’ means a LOANS.—For the purpose of maintaining ade- complete the period of active duty specified special allowance that is payable under sec- quate numbers of officers of the commis- in the agreement entered into under sub- tion 438 of the Higher Education Act of 1965 sioned officer corps of the Administration on section (b)(3), or the alternative obligation (20 U.S.C. 1087–1).’’. active duty who have skills required by the imposed under paragraph (1), shall be subject (b) CONFORMING AMENDMENTS.— commissioned officer corps, the Secretary to the repayment provisions under section (1) Section 428(o) of the Higher Education may repay, in the case of a person described 216. Act of 1965 (20 U.S.C. 1078(o)) is amended— in subsection (b), a loan that— ‘‘(g) RULEMAKING.—The Secretary shall (A) by striking the subsection heading and ‘‘(1) was used by the person to finance edu- prescribe regulations to carry out this sec- inserting ‘‘ARMED FORCES AND NOAA COM- cation; and tion, including— MISSIONED OFFICER CORPS STUDENT LOAN IN- ‘‘(2) was obtained from a governmental en- ‘‘(1) standards for qualified loans and au- TEREST PAYMENT PROGRAMS’’; and tity, private financial institution, edu- thorized payees; and (B) in paragraph (1)—

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8317 (i) by inserting ‘‘or section 264 of the Na- ‘‘(1) Tuition and fees charged by the edu- the person’s own misconduct or grossly neg- tional Oceanic and Atmospheric Administra- cational institution involved. ligent conduct. tion Commissioned Officer Corps Act of 2002’’ ‘‘(2) The cost of books. ‘‘(4) OBLIGATION AS DEBT TO UNITED after ‘‘Code,’’; and ‘‘(3) In the case of a program of education STATES.—An obligation to reimburse the (ii) by inserting ‘‘or an officer in the com- leading to a baccalaureate degree, labora- Secretary imposed under paragraph (2) is, for missioned officer corps of the National Oce- tory expenses. all purposes, a debt owed to the United anic and Atmospheric Administration, re- ‘‘(4) Such other expenses as the Secretary States. spectively,’’ after ‘‘Armed Forces’’. considers appropriate. ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis- (2) Sections 455(l) and 464(j) of the Higher ‘‘(d) LIMITATION ON AMOUNT.—The Sec- charge in bankruptcy under title 11, United Education Act of 1965 (20 U.S.C. 1087e(l) and retary shall prescribe the amount of finan- States Code, that is entered less than 5 years 1087dd(j)) are each amended— cial assistance provided to a person under after the termination of a written agreement (A) by striking the subsection heading and subsection (a), which may not exceed the entered into under subsection (b)(1)(C) does inserting ‘‘ARMED FORCES AND NOAA COM- amount specified in section 2173(e)(2) of title not discharge the person signing the agree- MISSIONED OFFICER CORPS STUDENT LOAN IN- 10, United States Code, for each year of obli- ment from a debt arising under such agree- TEREST PAYMENT PROGRAMS’’; and gated service that a person agrees to serve in ment or under paragraph (2). (B) in paragraph (1)— an agreement described in subsection (b)(2). ‘‘(i) REGULATIONS.—The Secretary may (i) by inserting ‘‘or section 264 of the Na- ‘‘(e) DURATION OF ASSISTANCE.—Financial promulgate such regulations and orders as tional Oceanic and Atmospheric Administra- assistance may be provided to a person under the Secretary considers appropriate to carry tion Commissioned Officer Corps Act of 2002’’ subsection (a) for not more than 5 consecu- out this section.’’. tive academic years. after ‘‘Code,’’; and (b) CLERICAL AMENDMENT.—The table of ‘‘(f) SUBSISTENCE ALLOWANCE.— (ii) by inserting ‘‘or an officer in the com- sections in section 1 of the Act entitled ‘‘An ‘‘(1) IN GENERAL.—A person who receives fi- missioned officer corps of the National Oce- Act to authorize the Hydrographic Service nancial assistance under subsection (a) shall anic and Atmospheric Administration, re- Improvement Act of 1998, and for other pur- be entitled to a monthly subsistence allow- spectively’’ after ‘‘Armed Forces’’. poses’’ (Public Law 107–372), as amended by ance at a rate prescribed under paragraph (2) (c) CLERICAL AMENDMENT.—The table of section 14(c), is further amended by inserting sections in section 1 of the Act entitled ‘‘An for the duration of the period for which the after the item relating to section 268, as Act to authorize the Hydrographic Service person receives such financial assistance. added by such section 14(c), the following: Improvement Act of 1998, and for other pur- ‘‘(2) DETERMINATION OF AMOUNT.—The Sec- ‘‘Sec. 269. Student pre-commissioning edu- poses’’ (Public Law 107–372), as amended by retary shall prescribe monthly rates for sub- cation assistance program.’’. sistence allowance provided under paragraph section 13(b), is further amended by inserting SEC. 16. LIMITATION ON EDUCATIONAL ASSIST- after the item relating to section 267, as (1), which shall be equal to the amount speci- ANCE. added by such section 13(b), the following: fied in section 2144(a) of title 10, United (a) IN GENERAL.—Each fiscal year, begin- ‘‘Sec. 268. Interest payment program.’’. States Code. ning with fiscal year 2013, the Secretary of ‘‘(g) INITIAL CLOTHING ALLOWANCE.— SEC. 15. STUDENT PRE-COMMISSIONING EDU- Commerce shall ensure that the total ‘‘(1) TRAINING.—The Secretary may pre- CATION ASSISTANCE PROGRAM. amount expended by the Secretary under scribe a sum which shall be credited to each (a) IN GENERAL.—Subtitle E of title II of section 267 of the National Oceanic and At- the National Oceanic and Atmospheric Ad- person who receives financial assistance mospheric Administration Commissioned Of- ministration Commissioned Officer Corps under subsection (a) to cover the cost of the ficer Corps Act of 2002 (as added by section Act of 2002 (33 U.S.C. 3071 et seq.), as amend- person’s initial clothing and equipment 13(a)), section 268 of such Act (as added by ed by sections 13 and 14, is further amended issue. section 14(a)), and section 269 of such Act (as by adding at the end the following: ‘‘(2) APPOINTMENT.—Upon completion of added by section 15(a)) does not exceed the the program of education for which a person ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU- amount by which— CATION ASSISTANCE PROGRAM. receives financial assistance under sub- (1) the total amount the Secretary would ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS- section (a) and acceptance of appointment in pay in that fiscal year to officer candidates SISTANCE.—For the purpose of maintaining the commissioned officer corps of the Ad- under section 203(f)(1) of title 37, United adequate numbers of officers of the commis- ministration, the person may be issued a States Code (as added by section 9(d)), if such sioned officer corps of the Administration on subsequent clothing allowance equivalent to section entitled officers candidates to pay at active duty, the Secretary may provide fi- that normally provided to a newly appointed monthly rates equal to the basic pay of a nancial assistance to a person described in officer. commissioned officer in the pay grade O–1 ‘‘(h) TERMINATION OF FINANCIAL ASSIST- subsection (b) for expenses of the person with less than 2 years of service; exceeds ANCE.— while the person is pursuing on a full-time (2) the total amount the Secretary actu- ‘‘(1) IN GENERAL.—The Secretary shall ter- basis at an accredited educational institu- ally pays in that fiscal year to officer can- minate the assistance provided to a person tion (as determined by the Secretary of Edu- didates under section 203(f)(1) of such title under this section if— cation) a program of education approved by (as so added). ‘‘(A) the Secretary accepts a request by the the Secretary that leads to— (b) OFFICER CANDIDATE DEFINED.—In this ‘‘(1) a baccalaureate degree in not more person to be released from an agreement de- section, the term ‘‘officer candidate’’ has the than 5 academic years; or scribed in subsection (b)(2); meaning given the term in section 212 of ‘‘(2) a postbaccalaureate degree. ‘‘(B) the misconduct of the person results such Act (as added by section 9(c)). in a failure to complete the period of active ‘‘(b) ELIGIBLE PERSONS.— SEC. 17. APPLICABILITY OF CERTAIN PROVI- ‘‘(1) IN GENERAL.—A person is eligible to duty required under the agreement; or SIONS OF TITLE 37, UNITED STATES obtain financial assistance under subsection ‘‘(C) the person fails to fulfill any term or CODE. (a) if the person— condition of the agreement. (a) IN GENERAL.—Subtitle E of title II of ‘‘(A) is enrolled on a full-time basis in a ‘‘(2) REIMBURSEMENT.—The Secretary may the National Oceanic and Atmospheric Ad- program of education referred to in sub- require a person who receives assistance de- ministration Commissioned Officer Corps section (a) at any educational institution de- scribed in subsection (c), (f), or (g) under an Act of 2002 (33 U.S.C. 3071 et seq.), as amend- scribed in such subsection; agreement entered into under subsection ed by sections 13 through 15, is further ‘‘(B) meets all of the requirements for ac- (b)(1)(C) to reimburse the Secretary in an amended by adding at the end the following: ceptance into the commissioned officer corps amount that bears the same ratio to the ‘‘SEC. 270. APPLICABILITY OF CERTAIN PROVI- of the Administration except for the comple- total costs of the assistance provided to that SIONS OF TITLE 37, UNITED STATES tion of a baccalaureate degree; and person as the unserved portion of active duty CODE. ‘‘(C) enters into a written agreement with bears to the total period of active duty the ‘‘(a) PROVISIONS MADE APPLICABLE TO COM- the Secretary described in paragraph (2). officer agreed to serve under the agreement. MISSIONED OFFICER CORPS.—The provisions of ‘‘(2) AGREEMENT.—A written agreement re- ‘‘(3) WAIVER.—The Secretary may waive law applicable to the Armed Forces under ferred to in paragraph (1)(C) is an agreement the service obligation of a person through an the following provisions of title 37, United between the person and the Secretary in agreement entered into under subsection States Code, shall apply to the commissioned which the person agrees— (b)(1)(C) if the person— officer corps of the Administration: ‘‘(A) to accept an appointment as an offi- ‘‘(A) becomes unqualified to serve on ac- ‘‘(1) Section 324, relating to accession bo- cer, if tendered; and tive duty in the commissioned officer corps nuses for new officers in critical skills. ‘‘(B) upon completion of the person’s edu- of the Administration because of a cir- ‘‘(2) Section 403(f)(3), relating to pre- cational program, agrees to serve on active cumstance not within the control of that scribing regulations defining the terms ‘field duty, immediately after appointment, for— person; or duty’ and ‘sea duty’. ‘‘(i) up to 3 years if the person received less ‘‘(B) is— ‘‘(3) Section 403(l), relating to temporary than 3 years of assistance; and ‘‘(i) not physically qualified for appoint- continuation of housing allowance for de- ‘‘(ii) up to 5 years if the person received at ment; and pendents of members dying on active duty. least 3 years of assistance. ‘‘(ii) determined to be unqualified for serv- ‘‘(4) Section 414(a)(2), relating to personal ‘‘(c) QUALIFYING EXPENSES.—Expenses for ice in the commissioned officer corps of the money allowance while serving as Director which financial assistance may be provided Administration because of a physical or of the National Oceanic and Atmospheric Ad- under subsection (a) are the following: medical condition that was not the result of ministration Commissioned Officer Corps.

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8318 CONGRESSIONAL RECORD — SENATE December 20, 2012 ‘‘(5) Section 428, relating to allowances for SEC. 22. CRIMINAL PENALTIES FOR WEARING politan cities in the United States. Ex- recruiting expenses. UNIFORM WITHOUT AUTHORITY. perts estimate that each year as many ‘‘(6) Section 435, relating to allowances for Section 702 of title 18, United States Code, as 300,000 children are at risk of com- funeral honors duty. is amended by striking ‘‘Service or any’’ and inserting ‘‘Service, the commissioned officer mercial sexual exploitation in the U.S. ‘‘(b) REFERENCES.—The authority vested by An alarming 40 percent of incidents in- title 37, United States Code, in the ‘military corps of the National Oceanic and Atmos- departments’, ‘the Secretary concerned’, or pheric Administration, or any’’. vestigated by federally funded task ‘the Secretary of Defense’ with respect to SEC. 23. TECHNICAL CORRECTION. forces on human trafficking between the provisions of law referred to in sub- Section 101(21)(C) of title 38, United States 2008 and 2010 involved the sexual ex- section (a) shall be exercised, with respect to Code, is amended by inserting ‘‘in the com- ploitation of a child, according to a Bu- the commissioned officer corps of the Ad- missioned officer corps’’ before ‘‘of the Na- reau of Justice Statistics report. ministration when the commissioned officer tional’’. The numbers are rising, in part be- corps is not operating as a service in the SEC. 24. REPORT. cause it has become frighteningly sim- Navy, by the Secretary of Commerce or the (a) IN GENERAL.—Not later than 90 days ple to order a child prostitute on the Secretary’s designee.’’. after the date of the enactment of this Act, Internet. One merely needs to look at (b) CLERICAL AMENDMENT.—The table of the Secretary of Commerce shall submit to the classified ads on Backpage.com, sections in section 1 of the Act entitled ‘‘An Congress a report evaluating the current sta- Act to authorize the Hydrographic Service the leading Web site for prostitution tus and projected needs of the commissioned advertising in the United States ac- Improvement Act of 1998, and for other pur- officer corps of the National Oceanic and At- poses’’ (Public Law 107–372), as amended by mospheric Administration to operate suffi- cording to the Advanced Interactive section 15(b), is further amended by inserting ciently through fiscal year 2017. Media, AIM, Group. The website’s after the item relating to section 269, as (b) CONTENTS.—The report required by sub- ‘‘adult entertainment’’ section gen- added by such section 15(b), the following: section (a) shall include the following: erates more than 80 percent of total ‘‘Sec. 270. Applicability of certain provisions (1) The average annual attrition rate of of- prostitution advertising revenue on the of title 37, United States ficers in the commissioned officer corps of web. This section includes services Code.’’. the National Oceanic and Atmospheric Ad- such as ‘‘escorts’’ and ‘‘body rubs,’’ a SEC. 18. APPLICATION OF CERTAIN PROVISIONS ministration. thinly veiled code for prostitution. OF COMPETITIVE SERVICE LAW. (2) An estimate of the number of annual re- Just a few clicks on this site easily en- Section 3304(f) of title 5, United States cruits that would reasonably be required to operate the commissioned officer corps suffi- ables ‘‘johns’’ to purchase children for Code, is amended— sex. Law enforcement believes that the (1) in paragraph (1), by inserting ‘‘and ciently through fiscal year 2017. members of the commissioned officer corps (3) The projected impact of this Act on an- existence of Backpage encourages the of the National Oceanic and Atmospheric Ad- nual recruitment numbers through fiscal recruitment of victims for sexual ex- ministration (or its predecessor organization year 2017. ploitation because it allows traffickers the Coast and Geodetic Survey) separated (4) Identification of areas of duplication or to operate out of sight from police pa- from such uniformed service’’ after ‘‘sepa- unnecessary redundancy in current activities trols. rated from the armed forces’’; of the commissioned officer corps that could Backpage.com is owned and operated (2) in paragraph (2), by striking ‘‘or vet- otherwise be streamlined or eliminated to by Village Voice Media Holdings, the eran’’ and inserting ‘‘, veteran, or member’’; save costs. former parent company of the alter- and (5) Such other matters as the Secretary considers appropriate regarding the provi- native weekly Village Voice publica- (3) in paragraph (4), by inserting ‘‘and tions. The company, which makes an members of the commissioned officer corps sions of this Act and the amendments made of the National Oceanic and Atmospheric Ad- by this Act. estimated $26 million per year from ministration (or its predecessor organization SEC. 25. EFFECTIVE DATE. these ads, claims it polices the ads on the Coast and Geodetic Survey) separated Notwithstanding any other provision of its site, but the statistics and dev- from such uniformed service’’ after ‘‘sepa- this Act, sections 2 through 22 shall take ef- astating reports say otherwise. Accord- rated from the armed forces’’. fect on the date that is 90 days after the date ing to the National Association of At- SEC. 19. ELIGIBILITY OF ALL MEMBERS OF UNI- on which the Secretary of Commerce sub- torneys General, 23 States have cumu- FORMED SERVICES FOR LEGION OF mits to Congress the report required by sec- latively filed more than 50 charges MERIT AWARD. tion 25(a). against suspects trafficking minors on Section 1121 of title 10, United States Code, f Backpage.com. is amended by striking ‘‘armed forces’’ and In August 2011, nine members of the inserting ‘‘uniformed services’’. ELIMINATING THE ‘‘ADULT EN- Vice Lords and other south and west SEC. 20. APPLICATION OF EMPLOYMENT AND RE- TERTAINMENT’’ SECTION OF THE EMPLOYMENT RIGHTS OF MEMBERS CLASSIFIED ADVERTISING WEB side of Chicago gangs were charged OF THE UNIFORMED SERVICES TO SITE BACKPAGE.COM with operating a major sex trafficking MEMBERS OF COMMISSIONED OFFI- ring. Some of the girls forced into sex- CER CORPS. Mr. DURBIN. Mr. President, I ask ual slavery were as young as 12 years Section 4303(16) of title 38, United States unanimous consent that the Judiciary old. Victims suffered immense abuse, Code, is amended by inserting ‘‘the commis- Committee be discharged from further including beatings, branding, sioned officer corps of the National Oceanic consideration of S. Res. 439 and the tattooing, death threats, being locked and Atmospheric Administration,’’ after Senate proceed to its consideration. ‘‘Public Health Service,’’. in car trunk, and forced to sleep out- The PRESIDING OFFICER. Without side even in cold Chicago winters. The SEC. 21. PROTECTED COMMUNICATIONS FOR objection, it is so ordered. COMMISSIONED OFFICER CORPS gang members used Backpage.com to AND PROHIBITION OF RETALIATORY The clerk will report the resolution facilitate their operation. PERSONNEL ACTIONS. by title. In August 2012, Marques Williams (a) IN GENERAL.—Subsection (a) of section The legislative clerk read as follows: was arrested and charged with a Fed- 261 of the National Oceanic and Atmospheric A resolution (S. Res. 439) expressing the eral sex trafficking complaint for traf- Administration Commissioned Officer Corps sense of the Senate that Village Voice Media ficking a 15-year-old girl in Rochester, Act of 2002 (33 U.S.C. 3071(a)), as amended by Holdings, LLC should eliminate the ‘‘adult section 12, is further amended— NY. Advertising the young girls serv- entertainment’’ section of the classified ad- ices on Backpage.com, Williams forced (1) by redesignating paragraphs (8) through vertising website Backpage.com. (23) as paragraphs (9) through (24), respec- her to take up to 15 customers a day. tively; and There being no objection, the Senate In December 2012, Fernando Gonzales (2) by inserting after paragraph (7) the fol- proceeded to consider the resolution. was sentenced to 20 years in prison for lowing: ∑ Mr. KIRK. Mr. President, we often child sex trafficking. Fernando raped ‘‘(8) Section 1034, relating to protected hear and read about stories of young and impregnated a 16-year-old girl, communications and prohibition of retalia- boys and girls in foreign countries then forced her into prostitution and tory personnel actions.’’. forced into sexual slavery. Helpless advertised her services on (b) CONFORMING AMENDMENT.—Subsection children as young as 11 and 12 years old Backpage.com. When the victim tried (b) of such section is amended by adding at are threatened, abused, raped, and sold the end the following: ‘‘For purposes of para- to escape, Fernando threatened to kill graph (8) of subsection (a), the term ‘Inspec- for sex. But we rarely hear about the her and her child and then carved his tor General’ in section 1034 of such title 10 child sex trafficking that happens here initial into her arm. shall mean the Inspector General of the De- at home in Chicago, New York, At- Unfortunately, there are too many partment of Commerce.’’. lanta, Miami, and most major metro- stories like these. As news reports of

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8319 pimps and traffickers using S. RES. 439 of a minor and production of child pornog- Backpage.com to advertise sexual serv- Whereas, according to the Department of raphy for pimping a 15-year-old girl through- ices by minors continue to increase, we Justice, there was a 59 percent increase in out Florida, Georgia, and North Carolina to cannot leave our children defenseless. identified victims of human trafficking approximately 20 to 35 customers each week for more than a year; and The profit-first mentality at Village worldwide between 2009 and 2010; (2) used Backpage.com to facilitate the Voice Media, which prioritizes the Whereas, according to the Department of Health and Human Services, human traf- prostitution; rights of pimps, not children, must end. ficking is the fastest-growing criminal enter- Whereas Ronnie Leon Tramble— Fifty-one attorneys general, 36 cler- prise in the world; (1) in March 2012 was sentenced to 15 years gymen, dozens of anti-trafficking orga- Whereas experts estimate that up to 300,000 in prison on charges of sex trafficking nizations, columnists and editorial children are at risk of sexual exploitation through force, fraud, and coercion for forcing boards across the country, and 240,000 each year in the United States; more than 5 young women and minors into individuals through change.org have Whereas experts estimate that the average prostitution over a period of at least 5 years called on Village Voice Media to shut- female victim of sex trafficking is forced throughout the State of Washington, during down the ‘‘adult entertainment’’ sec- into prostitution for the first time between which time period he constantly subjected tion on Backpage.com. Even John Buf- the ages of 12 and 14, and the average male the victims to brutal physical and emotional abuse; and falo Mailer, son of Village Voice’s co- victim of sex trafficking is forced into pros- titution for the first time between the ages (2) used Backpage.com to facilitate the founder, publicly urged Backpage.com of 11 and 13; prostitution; to eliminate the section. Whereas the Bureau of Justice Statistics Whereas, according to AIM Group, 80 per- Over the past year, I joined with sev- found that 40 percent of incidents inves- cent of online prostitution advertising rev- eral of my colleagues in a bipartisan tigated by federally funded task forces on enue for the month of February 2012 was at- fashion to work to prevent children human trafficking between 2008 and 2010 in- tributed to Backpage.com; from being exploited and trafficked on volved prostitution of a child or the sexual Whereas, according to AIM Group, the Backpage.com. In March 2012, 18 Sen- exploitation of a child; number of Backpage.com advertisements for ators joined me in a letter to the Whereas, according to the classified adver- ‘‘escorts’’ and ‘‘body rubs’’, a thinly veiled Chairman and CEO of Village Voice tising consultant Advanced Interactive code for prostitution, increased by nearly 5 Media Holdings, demanding the elimi- Media Group (referred to in this preamble as percent between February 2011 and February ‘‘AIM Group’’), Backpage.com is the leading 2012; nation of the adult entertainment sec- United States website for prostitution adver- Whereas, according to AIM Group, tion on the classified advertising Web tising; Backpage.com earned an estimated site. I then led an effort to bring to the Whereas Backpage.com is owned by Village $26,000,000 from prostitution advertisements attention of those advertising on Vil- Voice Media Holdings, LLC (referred to in between February 2011 and February 2012; lage Voice publications the kinds of ac- this preamble as ‘‘Village Voice Media’’); Whereas Backpage.com vice president Carl tivities supported by the company. As Whereas the National Association of Attor- Ferrer acknowledged to the National Asso- a result, eight companies and organiza- neys General tracked more than 50 cases in ciation of Attorneys General that the com- tions responded to our letter announc- which charges were filed against persons who pany identifies more than 400 ‘‘adult enter- ing the end of their advertising rela- were trafficking or attempting to traffic mi- tainment’’ posts that may involve minors nors on Backpage.com; each month; tionship with the publications. This Whereas Myrelle and Tyrelle Locket— Whereas the actual number of ‘‘adult en- had a clear effect, as a number of then- (1) in February 2011 were each sentenced to tertainment’’ posts on Backpage.com each executives at Village Voice Media 4 years in prison on charges of trafficking of month that involve minors may be far great- Holdings spun off the weekly publica- persons for forced labor or services for oper- er than 400; tions as a new company in an apparent ating an Illinois sex trafficking ring that in- Whereas, according to the National Asso- effort to circumvent the public rela- cluded minors; and ciation of Attorneys General, Missouri inves- tions disaster Backpage.com rightly (2) used Backpage.com to facilitate the tigators found that the review procedures of prostitution; Backpage.com are ineffective in policing il- caused Village Voice Media. But chil- Whereas Arthur James Chappell— dren continue to be bought and sold on legal activity; (1) in March 2011 was sentenced to 28 years Whereas, in September 2010, Craigslist.com Backpage.com. in prison on charges of sex trafficking of a removed the ‘‘adult services’’ section of its Senator BLUMENTHAL and I intro- minor for running a prostitution ring with at website following calls for removal from law duced S. Res. 439 as part of this effort least 1 juvenile victim in Minnesota; and enforcement and advocacy organizations; to curb online child sexual exploi- (2) used Backpage.com to facilitate the Whereas, by September 16, 2011, 51 attor- tation. The legislation calls on Village prostitution; neys general of States and territories of the Whereas Brandon Quincy Thompson— United States had called on Backpage.com to Voice Media Holdings to eliminate the (1) in April 2011 was sentenced to life im- shut down the ‘‘adult entertainment’’ sec- ‘‘adult entertainment’’ section of prisonment on charges of sex trafficking a tion of its website; Backpage.com. By passing S. Res. 439, child by force for running a South Dakota Whereas, on September 16, 2011, the Tri- the U.S. Senate will present a united prostitution ring that involved multiple un- City Herald of the State of Washington pub- front in the fight against online child derage girls; and (2) used Backpage.com to facilitate the lished an editorial entitled ‘‘Attorneys gen- sex trafficking. We will be making it eral target sexual exploitation of kids’’, clear that the American public strong- prostitution; Whereas Clint Eugene Wilson— writing, ‘‘ . . . we’d also encourage the own- ly condemns the facilitation and per- (1) in May 2011 was sentenced to 20 years in ers of Backpage.com to give the attorneys petuation of human trafficking by prison on charges of sex trafficking of a general what they are asking for’’; website operators. I want to especially minor by force, fraud, or coercion for forcing Whereas, on October 25, 2011, 36 clergy thank Senators BLUMENTHAL, RUBIO, a 16-year-old Dallas girl into prostitution, members from across the United States pub- and CORNYN for their great partnership threatening to assault her, and forcing her lished an open letter to Village Voice Media and leadership on this effort, hope the to get a tattoo that branded her as his prop- in the New York Times, calling on the com- pany to shut down the ‘‘adult entertain- rest of our colleagues will join us and erty; and ∑ (2) used Backpage.com to facilitate the ment’’ section of Backpage.com; pass S. Res. 439. Whereas, on December 2, 2011, 55 anti-traf- Mr. DURBIN. Mr. President, I ask prostitution; Whereas Demetrius Darnell Homer— ficking organizations called on Village Voice unanimous consent that the resolution (1) in August 2011 was sentenced to 20 years Media to shut down the ‘‘adult entertain- be agreed to, the preamble be agreed in prison on charges of sex trafficking of a ment’’ section of Backpage.com; to, the motions to reconsider be laid minor for violently forcing a 14-year-old At- Whereas, on December 29, 2011, the Seattle upon the table, with no intervening ac- lanta girl into prostitution, controlling her Times published an editorial entitled ‘‘Mur- tion or debate, and any statements re- through beatings, threatening her with a ders strengthen case against Backpage.com’’, lated to the measure be printed in the knife, shocking her with a taser in front of writing, ‘‘Backpage.com cannot continue to dismiss the women and children exploited RECORD. another underage girl whom he had placed in prostitution, and forcing her to engage in through the website, nor the 3 women in De- The PRESIDING OFFICER. Without troit who are dead possibly because they objection, it is so ordered. prostitution while she was pregnant with his child; and were trafficked on the site. Revenue from The resolution (S. Res. 439) was (2) used Backpage.com to facilitate the the exploitation and physical harm of women agreed to. prostitution; and minors is despicable. Village Voice The preamble was agreed to. Whereas Leighton Martin Curtis— Media, which owns Backpage.com, must shut The resolution, with its preamble, (1) in February 2012 was sentenced to 30 this site down. Until then, all the pressure reads as follows: years in prison on charges of sex trafficking that can be brought to bear must continue.’’;

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with S8320 CONGRESSIONAL RECORD — SENATE December 20, 2012 Whereas, on March 18, 2012, Nicholas There being no objection, the Senate A resolution (S. Res. 627) designating the Kristof of the New York Times wrote in an proceeded to consider the resolution. Chairman of the Senate Committee on Ap- opinion piece entitled ‘‘Where Pimps Peddle Mr. DURBIN. Mr. President, I ask propriations. Their Goods’’ that ‘‘[t]here are no simple so- unanimous consent that the resolution There being no objection, the Senate lutions to end sex trafficking, but it would proceeded to consider the resolution. help to have public pressure on Village Voice be agreed to, the preamble be agreed Media to stop carrying prostitution adver- to, and the motions to reconsider be Mr. DURBIN. I ask unanimous con- tising.’’; laid upon the table. sent that the resolution be agreed to Whereas, on March 29, 2012, Change.org de- The PRESIDING OFFICER. Without and the motion to reconsider be laid livered a petition signed by more than 240,000 objection, it is so ordered. upon the table, with no intervening ac- individuals to Village Voice Media, calling The resolution (S. Res. 617) was tion or debate. on the company to shut down the ‘‘adult en- agreed to. The PRESIDING OFFICER. Without tertainment’’ section of Backpage.com; The preamble was agreed to. objection, it is so ordered. Whereas, on January 12, 2012, John Buffalo The resolution (S. Res. 627) was Mailer, son of Village Voice co-founder Nor- The resolution, with its preamble, man Mailer, joined the Change.org petition reads as follows: agreed to, as follows: to shut down the ‘‘adult entertainment’’ sec- S. RES. 617 S. RES. 627 tion of Backpage.com, stating, ‘‘For the sake Whereas, for the 78th time, the Heisman Resolved, That the following Senator is des- of the Village Voice brand and for the sake Memorial Trophy has been awarded to the ignated as chairman of the following com- of the legacy of a great publication, take most outstanding collegiate football player mittee: down the adult section of Backpage.com, be- in the United States; COMMITTEE ON APPROPRIATIONS: Ms. fore the Village Voice must answer for yet Whereas Johnny Manziel overcame intense Mikulski, of Maryland. another child who is abused and exploited be- competition and defied expectations during Mr. DURBIN. I suggest the absence of cause you did not do enough to prevent it.’’; Texas A&M University’s first year in the Whereas, on March 30, 2012, a private eq- a quorum. Southeastern Conference; The PRESIDING OFFICER. The uity firm owned by Goldman Sachs Group, Whereas Manziel led the 2012 Texas A&M Inc. completed a deal to sell its 16 percent Aggie football team to a regular season clerk will call the roll. ownership stake in Village Voice Media back record of 10 wins and 2 losses; The legislative clerk proceeded to to management; Whereas Manziel was awarded the Davey call the roll. Whereas, in M.A. ex rel. P.K. v. Village O’Brien National Quarterback Award as the Mr. DURBIN. Mr. President, I ask Voice Media Holdings, LLC (809 F. Supp. 2d top quarterback in the National Collegiate unanimous consent that the order for 1041 (E.D. Mo. 2011)), the United States Dis- Athletic Association; the quorum call be rescinded. trict Court for the Eastern District of Mis- Whereas Manziel became the first fresh- souri held that section 230 of the Commu- The PRESIDING OFFICER. Without man, and only the fifth player ever, in Na- objection, it is so ordered. nications Act of 1934 (47 U.S.C. 230) (as added tional Collegiate Athletic Association Foot- by section 509 of the Communications De- ball Bowl Subdivision history to achieve f cency Act of 1996 (Public Law 104–104; 110 3,000 passing yards and 1,000 rushing yards in Stat. 137)) protects Backpage.com from civil OBTAINING A CONSUMER’S IN- a season; FORMED, WRITTEN CONSENT ON liability for the ‘‘horrific victimization’’ the Whereas Manziel became the first player in teenage plaintiff suffered at the hands of the the Football Bowl Subdivision to pass for 300 AN ONGOING BASIS THROUGH criminal who posted on the website to per- yards and rush for 100 yards in the same THE INTERNET petrate her vicious crimes; and game 3 times in his career; Mr. DURBIN. I ask unanimous con- Whereas the Communications Decency Act Whereas Manziel holds the freshman record of 1996 (Public Law 104–104; 110 Stat. 56) and sent that the Senate proceed to the for quarterback rushing yards (1,114) and consideration of H.R. 6671 which was the amendments made by that Act do not total yards in a season (4,600); preclude a service provider from voluntarily Whereas Manziel was assisted by the lead- received from the House and is at the removing a portion of a website known to fa- ership of Southeastern Conference Co-Coach desk. cilitate the sexual exploitation of minors in of the Year Kevin Sumlin, the exceptional The PRESIDING OFFICER. The order to protect children in the United protection of the offensive line anchored by clerk will report the bill by title. States: Now, therefore, be it Outland Trophy winner Luke Joeckel, and The legislative clerk read as follows: Resolved, That the Senate— Texas A&M’s 12th Man; (1) supports the efforts of law enforcement A bill (H.R. 6671) to amend section 2710 of Whereas Manziel became the second title 18, United States Code, to clarify that a agencies to provide training to law enforce- Heisman Trophy winner at Texas A&M, pre- ment agents on how to identify victims of video tape service provider may obtain a ceded by John David Crow in 1957; consumer’s informed, written consent on an sex trafficking, investigate cases of sex traf- Whereas Manziel started the development ficking, prosecute sex trafficking offenses, ongoing basis and that consent may be ob- of his athletic capabilities before attending tained through the Internet. and rescue victims of sex trafficking; Texas A&M in the cities of Tyler, Texas, and (2) supports services for trafficking victims Kerrville, Texas; There being no objection, the Senate provided by the Federal Government, State Whereas 2012 marks the eighth time a play- proceeded to consider the bill. and local governments, and non-profit and er at a university in Texas has won the Mr. LEAHY. Mr. President, we are faith-based organizations, including medical, Heisman Trophy and back-to-back years of enacting legislation to update the legal, mental health, housing, and other so- keeping the award in Texas; Video Privacy Protection Act, VPPA, cial services; and Whereas the hullabaloo of Manziel becom- (3) calls on Village Voice Media Holdings, in order to permit the ongoing sharing ing the first freshman to win the Heisman of video viewing information via the LLC to act as a responsible global citizen Trophy is another testament to the strength and immediately eliminate the ‘‘adult enter- and skill of Texas football; and Internet. This bill contains important tainment’’ section of the classified adver- Whereas Manziel has combined incredible digital privacy provisions that I au- tising website Backpage.com to terminate talent with hard work and a good heart: thored in the Senate to ensure con- the website’s rampant facilitation of online Now, therefore, be it sumer control over video viewing infor- sex trafficking. Resolved, That the Senate congratulates mation. f the recipient of the 2012 Heisman Memorial During my more than three decades 2012 HEISMAN MEMORIAL TROPHY Trophy. in the Senate, I have worked to protect Mr. DURBIN. Mr. President, I ask f the privacy rights of American con- sumers. In doing so, I have joined with unanimous consent that the Judiciary DESIGNATING THE CHAIRMAN OF Committee be discharged from further Democrats and Republicans alike to THE SENATE COMMITTEE ON AP- help guarantee the right to privacy for consideration of S. Res. 617 and the PROPRIATIONS Senate proceed to its consideration. every citizen. Last month, the Judici- The PRESIDING OFFICER. Without Mr. DURBIN. I ask unanimous con- ary Committee favorably reported leg- objection, it is so ordered. sent that the Senate proceed to the islation that included these video pri- The clerk will report the resolution consideration of S. Res. 627 submitted vacy updates with strong bipartisan by title. earlier today. support. I commend Senator FRANKEN The legislative clerk read as follows: The PRESIDING OFFICER. The for his exceptional work on this meas- A resolution (S. Res. 617) congratulating clerk will report the resolution by ure as the chairman of the Judiciary the recipient of the 2012 Heisman Memorial title. Committee’s Subcommittee on Tech- Trophy. The legislative clerk read as follows: nology, Privacy and the Law. He held

VerDate Mar 15 2010 00:39 Jan 03, 2013 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\DEC 2012\S20DE2.REC S20DE2 bjneal on DSK2TWX8P1PROD with December 20, 2012 CONGRESSIONAL RECORD — SENATE S8321 the hearings and helped the committee however, specify where on a Web site, The PRESIDING OFFICER. Without to develop the proposal contained in or in what form, the opportunity to objection, it is so ordered. this bill. withdraw consent should be provided. The bill (H.R. 6671) was ordered to a I congratulate Representative GOOD- Like many Americans, I am con- third reading, was read the third time, LATTE for his work on this bill. He cerned about the growing and unwel- and passed. began the effort in the House to update come government intrusions into our the VPPA and has worked with me to private lives in cyber space. Last f reach this final product. I look forward month, the Judiciary Committee over- ORDERS FOR FRIDAY, DECEMBER to working with him to update another whelmingly passed my legislative pro- 21, 2012 critical digital privacy law, the Elec- posal to update the Electronic Commu- tronic Communications Privacy Act, nications Privacy Act, ECPA, to re- Mr. DURBIN. Mr. President, I ask ECPA, in the new year. The Senate Ju- quire a search warrant in order for the unanimous consent that when the Sen- diciary Committee reported a good pro- government to obtain our e-mail and ate completes its business today, it ad- posal to ensure a warrant requirement other electronic communications journ until 1 p.m. on Friday, December for e-mails and we should move forward stored with third-party service pro- 21, 2012; that following the prayer and quickly to enact it. viders. When we worked to enact ECPA pledge, the Journal of proceedings be The bill we enact today takes several in 1986, no one could have imagined the approved to date, the morning hour be important steps to accommodate new way the Internet and mobile tech- deemed expired, and the time for the technologies, like video streaming and nologies would transform how we com- two leaders be reserved for their use social networking, while also helping municate and exchange information later in the day; that following any to protect digital privacy rights in today. But, after three decades, this leader remarks, the Senate begin con- cyberspace. First, the bill updates the critical privacy law has been outpaced sideration of the conference report to Video Privacy Protection Act to keep by the explosion of new technologies accompany H.R. 4310, the National De- pace with how most Americans view and the expansion of the government’s fense Authorization Act under the pre- and share videos today—on the Inter- surveillance powers. vious order; and that following disposi- net. This bill will allow American con- My Electronic Communications Pri- tion of the conference report, the Sen- sumers, if they wish, to share their vacy Act updates would revive and en- ate then proceed to vote on the motion movie and television watching experi- hance the privacy protections afforded to invoke cloture on the substitute ences through social media, while also to Americans’ e-mails and other elec- amendment to H.R. 1; further, that the ensuring that the important privacy tronic communications by establishing mandatory quorum with respect to rule a warrant requirement for all e-mail protections in this law are not dimin- XXII be waived; further, the filing content when stored with a third-party ished. deadline for second-degree amendments Second, to protect the privacy of service provider or ‘‘in the cloud.’’ to H.R. 1, the legislative vehicle for the American consumers, the bill retains There are limited exceptions to this re- emergency supplemental appropria- quirement under current law. I have key privacy protections already in the tions bill, be 1:30 p.m. on Friday. worked to make certain that these up- VPPA which require that consumers The PRESIDING OFFICER. Without dates carefully balance privacy inter- ‘‘opt-in’’ to the sharing of their video objection, it is so ordered. ests, the needs of law enforcement, and viewing information. The bill similarly the interest of our thriving American f retains the requirement in current law tech sector. that consumers provide informed writ- When the Congress enacted the Elec- PROGRAM ten consent to share video viewing in- tronic Communications Privacy Act in Mr. DURBIN. There will be a rollcall formation. Moreover, to ensure that 1986, we did so with strong, bipartisan vote at approximately 2 p.m. tomorrow consumers have control over their own support. Today, we continue that long on the adoption of the Defense author- video viewing data, the bill provides and proud tradition of coming together ization conference report. Additional that consumers may ‘‘opt-in’’ to the in- across Chamber and party affiliation votes are expected and we hope to formation sharing on an ongoing basis by enacting this update to the VPPA. reach agreement on the supplemental for a period of up to 2 years at a time. My legislative reforms to the Elec- and FISA tomorrow. Consumers may ‘‘opt-out’’ of the infor- tronic Communications Privacy Act mation sharing at any time. are likewise deserving of such broad f Lastly, the bill requires that the op- and bipartisan support. I urge us to ADJOURNMENT UNTIL 1 P.M. portunity for a consumer to withdraw join together in the Congress to enact TOMORROW consent to the disclosure of video view- these important privacy updates with- ing information must be presented in a out delay. Mr. DURBIN. Mr. President, if there clear and conspicuous manner. This Mr. DURBIN. I ask unanimous con- is no further business to come before provision requires a video tape service sent that the bill be read three times the Senate, I ask unanimous consent provider to provide one of two opportu- and passed, the motion to reconsider be that it adjourn under the previous nities for the consumer to withdraw laid upon the table, with no inter- order. consent: on a case-by-case—i.e., per vening action or debate, and any state- There being no objection, the Senate, title—basis, or to withdraw consent for ments related to the bill be printed in at 9:24 p.m., adjourned until Friday, ongoing disclosures. The bill does not, the RECORD. December 21, 2012, at 1 p.m.

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Highlights House agreed to the conference report to accompany H.R. 4310—Na- tional Defense Authorization Act for Fiscal Year 2013. Senate National Oceanic and Atmospheric Administration Chamber Action Commissioned Officer Corps Act of 2002, after Routine Proceedings, pages S8235–S8321 agreeing to the committee amendment in the nature Measures Introduced: Six bills and two resolutions of a substitute, and the following amendment pro- were introduced, as follows: S. 3699–3704, and S. posed thereto: Pages S8308–18 Res. 626–627. Page S8302 Durbin (for Begich) Amendment No. 3424, of a Measures Reported: perfecting nature. Page S8313 Report to accompany H.R. 2471, to amend sec- Village Voice Media Holdings, LLC: Committee tion 2710 of title 18, United States Code, to clarify on the Judiciary was discharged from further consid- that a video tape service provider may obtain a con- eration of S. Res. 439, expressing the sense of the sumer’s informed, written consent on an ongoing Senate that Village Voice Media Holdings, LLC basis and that consent may be obtained through the should eliminate the ‘‘adult entertainment’’ section Internet. (S. Rept. No. 112–258) of the classified advertising website Backpage.com, S. 3523, to amend title 17, United States Code, and the resolution was then agreed to. Pages S8318–20 to extend protection to fashion design. (S. Rept. No. 2012 Heisman Memorial Trophy: Committee on 112–259) Page S8302 the Judiciary was discharged from further consider- Measures Passed: ation of S. Res. 617, congratulating the recipient of Date for Counting Electoral Votes: Senate passed the 2012 Heisman Memorial Trophy, and the resolu- H.J. Res. 122, establishing the date for the counting tion was then agreed to. Page S8320 of the electoral votes for President and Vice Presi- Designating the Chairman of the Senate Com- dent cast by the electors in December 2012. mittee on Appropriations: Senate agreed to S. Res. Page S8251 627, designating the Chairman of the Senate Com- Maniilaq Association: Senate passed H.R. 443, to mittee on Appropriations. Page S8320 provide for the conveyance of certain property from Video Tape Service Provider: Senate passed H.R. the United States to the Maniilaq Association lo- 6671, to amend section 2710 of title 18, United cated in Kotzebue, Alaska, after agreeing to the fol- States Code, to clarify that a video tape service pro- lowing amendment proposed thereto: Page S8308 vider may obtain a consumer’s informed, written Durbin (for Murkowski) Amendment No. 3423, consent on an ongoing basis and that consent may in the nature of a substitute. Page S8308 be obtained through the Internet. Pages S8320–21 Improper Payments Elimination and Recovery Measures Considered: Improvement Act: Senate passed H.R. 4053, to in- Full-Year Continuing Appropriations Act— tensify efforts to identify, prevent, and recover pay- Agreement: Senate continued consideration of H.R. ment error, waste, fraud, and abuse within Federal 1, making appropriations for the Department of De- spending. Page S8308 fense and the other departments and agencies of the National Oceanic and Atmospheric Administra- Government for the fiscal year ending September 30, tion Commissioned Officer Corps Amendments Act: 2011, taking action on the following amendments Senate passed S. 2388, to reauthorize and amend the and motions proposed thereto: Pages S8236–37 D1057

VerDate Mar 15 2010 07:15 Dec 21, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20DE2.REC D20DEPT1 tjames on DSK6SPTVN1PROD with D1058 CONGRESSIONAL RECORD — DAILY DIGEST December 20, 2012 Pending: System of Preferences (GSP) program; which was re- Reid Amendment No. 3395, in the nature of a ferred to the Committee on Finance. (PM–64) substitute. Page S8237 Pages S8299–S8300 Reid Amendment No. 3396 (to Amendment No. Brann, Mannion, and Tigar Nominations— 3395), to change the enactment date. Page S8237 Agreement: A unanimous-consent-time agreement Reid Amendment No. 3397 (to Amendment No. was reached providing that at a time to be deter- 3396), of a perfecting nature. Page S8237 mined by the Majority Leader, in consultation with Reid Amendment No. 3398 (to the language pro- the Republican Leader, Senate begin consideration of posed to be stricken by Amendment No. 3395), to the nominations of Matthew W. Brann, of Pennsyl- change the enactment date. Page S8237 vania, to be United States District Judge for the Reid Amendment No. 3399 (to Amendment No. Middle District of Pennsylvania, Malachy Edward 3398), of a perfecting nature. Page S8237 Mannion, of Pennsylvania, to be United States Dis- Reid motion to commit the bill to the Committee trict Judge for the Middle District of Pennsylvania, on Appropriations, with instructions, Reid Amend- and Jon S. Tigar, of California, to be United States ment No. 3400, to change the enactment date. District Judge for the Northern District of Cali- Page S8237 fornia; that there be 30 minutes for debate equally Reid Amendment No. 3401 (to (the instructions) divided in the usual form; that following the use or Amendment No. 3400), of a perfecting nature. yielding back of time, Senate vote, without inter- Page S8237 vening action or debate, on confirmation of the Reid Amendment No. 3402 (to Amendment No. nominations, in that order; and that no further mo- 3401), of a perfecting nature. Page S8237 tions be in order. Page S8273 A unanimous-consent agreement was reached pro- viding that following disposition of the conference Messages from the House: Page S8300 report to accompany H.R. 4310, to authorize appro- Measures Referred: Page S8300 priations for fiscal year 2013 for military activities Enrolled Bills Presented: Page S8300 of the Department of Defense, for military construc- tion, and for defense activities of the Department of Executive Communications: Pages S8300–02 Energy, to prescribe military personnel strengths for Additional Cosponsors: Pages S8302–03 such fiscal year; Senate vote on the motion to invoke Statements on Introduced Bills/Resolutions: cloture on Reid Amendment No. 3395 (listed Pages S8303–05 above); and the filing deadline for second-degree amendments to the bill be at 1:30 p.m., on Friday, Additional Statements: Pages S8298–99 December 21, 2012. Page S8273 Amendments Submitted: Pages S8305–08 Conference Reports: Authorities for Committees to Meet: Page S8308 National Defense Authorization Act—Agree- Privileges of the Floor: Page S8308 ment: A unanimous-consent-time agreement was Adjournment: Senate convened at 11 a.m. and ad- reached providing that at a time to be determined journed at 9:24 p.m., until 1 p.m. on Friday, De- by the Majority Leader, after consultation with the cember 21, 2012. (For Senate’s program, see the re- Republican Leader, Senate begin consideration of the marks of the Acting Majority Leader in today’s conference report to accompany H.R. 4310, to au- Record on page S8321.) thorize appropriations for fiscal year 2013 for mili- tary activities of the Department of Defense, for military construction, and for defense activities of Committee Meetings the Department of Energy, to prescribe military per- (Committees not listed did not meet) sonnel strengths for such fiscal year; that there be up to one hour of debate equally divided between the SUPERSTORM SANDY RECOVERY two Leaders, or their designees, prior to a vote on Committee on Banking, Housing, and Urban Affairs: adoption of the conference report. Pages S8251–74 Subcommittee on Housing, Transportation and Message from the President: Senate received the Community Development concluded a hearing to ex- following message from the President of the United amine recovering from superstorm Sandy, focusing States: on rebuilding our infrastructure, after receiving testi- Transmitting, pursuant to law, the notification of mony from Peter Rogoff, Federal Transit Adminis- the President’s intent to terminate the designation of trator, Department of Transportation; Yolanda Cha- the Federation of Saint Kitts and Nevis as a bene- vez, Deputy Assistant Secretary for Grant Programs, ficiary developing country under the Generalized Office of Community Planning and Development,

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Department of Housing and Urban Development; Christopher J. Meade, of New York, to be General James Weinstein, NJ TRANSIT Corporation, Mor- Counsel for the Department of the Treasury, who ristown, New Jersey; Thomas F. Prendergast, MTA was introduced by Senator Schumer, after the nomi- New York City Transit, Brewster, New York; and nees testified and answered questions in their own Patrick J. Foye, The Port Authority of New York behalf. and New Jersey, Sands Point, New York. BENGHAZI NOMINATIONS Committee on Foreign Relations: Committee concluded Committee on Finance: Committee concluded a hearing a hearing to examine Benghazi, focusing on the at- to examine the nominations of William B. Shultz, of tacks and the lessons learned, after receiving testi- the District of Columbia, to be General Counsel of mony from William J. Burns and Thomas R. Nides, the Department of Health and Human Services, and both a Deputy Secretary of State. h House of Representatives Speaker: Read a letter from the Speaker wherein he Chamber Action appointed Representative Dold to act as Speaker pro Public Bills and Resolutions Introduced: 13 pub- tempore for today. Page H7361 lic bills, H.R. 6690–6702; and 1 resolution, H. Res. National Defense Authorization Act for Fiscal 842 was introduced. Pages H7423–24 Year 2013—Conference Report: The House agreed Additional Cosponsors: Pages H7424–25 to the conference report to accompany H.R. 4310, to Reports Filed: Reports were filed today as follows: authorize appropriations for fiscal year 2013 for mili- In the Matter of Allegations Relating to Rep- tary activities of the Department of Defense, for resentative Gregory Meeks (H. Rept. 112–709); military construction, and for defense activities of the Department of Energy, and to prescribe military In the Matter of Representative Tim Ryan (H. personnel strengths for such fiscal year, by a yea-and- Rept. 112–710); nay vote of 315 yeas to 107 nays, Roll No. 645. H.R. 1073, to designate the United States court- Pages H7384–94, H7412–13 house to be constructed in Jackson, Mississippi, as H. Res. 840, the rule providing for consideration the ‘‘R. Jess Brown United States Courthouse’’ (H. of the conference report, was agreed to by a recorded Rept. 112–711); vote of 243 ayes to 177 noes, Roll No. 642, after H.R. 2919, to eliminate the reimbursement re- the previous question was ordered by a yea-and-nay quirement for certain tornado shelters constructed vote of 233 yeas to 186 nays, Roll No. 641. with Federal assistance, and for other purposes, with Pages H7383–84 an amendment (H. Rept. 112–712); Spending Reduction Act of 2012: The House Activities and Summary Report of the Committee passed H.R. 6684, to provide for spending reduc- on the Budget, House of Representatives, One Hun- tion, by a yea-and-nay vote of 215 yeas to 209 nays dred Twelfth Congress, Fourth Quarter (H. Rept. with 1 answering ‘‘present’’, Roll No. 644. 112–713); Pages H7395, H7412 Report on the Activities of the Committee on Rejected the Van Hollen motion to recommit the Education and the Workforce for the Fourth Quarter bill to the Committee on Ways and Means with in- of the 112th Congress (H. Rept. 112–714); structions to report the same back to the House H.R. 1063, to amend title XVIII of the Social Se- forthwith with an amendment, by a yea-and-nay vote curity Act with respect to the application of Medi- of 179 yeas to 243 nays, Roll No. 643. care secondary payer rules for certain claims, with an Pages H7410–12 amendment (H. Rept. 112–715, Pt. 1); H. Res. 841, the rule providing for consideration In the Matter of Allegations Relating to Rep- of the Senate amendment to the joint resolution resentative Shelley Berkley (H. Rept. 112–716); and (H.J. Res. 66) and the bill (H.R. 6684) was agreed H.R. 3116, to authorize certain programs of the to by a yea-and-nay vote of 219 yeas to 197 nays, Department of Homeland Security, and for other Roll No. 640, after the previous question was or- purposes, with an amendment (H. Rept. 112–717, dered by a yea-and-nay vote of 233 yeas to 184 nays, Pt. 1). Page H7423 Roll No. 639. Pages H7374–83

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Suspensions—Proceedings Resumed: The House as the ‘‘Representative Curtis B. Inabinett, Sr. Post agreed to suspend the rules and pass the following Office’’; and Page H7416 measures which were debated yesterday, December Postal Inspector Terry Asbury Post Office Build- 19th: ing Designation Act: H.R. 6587, to designate the Mann-Grandstaff Department of Veterans Af- facility of the United States Postal Service located at fairs Medical Center Designation Act: H.R. 3197, 225 Simi Village Drive in Simi Valley, California, as to name the Department of Veterans Affairs medical the ‘‘Postal Inspector Terry Asbury Post Office center in Spokane, Washington, as the ‘‘Mann- Building’’. Page H7416 Grandstaff Department of Veterans Affairs Medical Recess: The House recessed at 7:06 p.m. and recon- Center’’, by a 2⁄3 yea-and-nay vote of 421 yeas to 1 vened at 9:01 p.m. Page H7415 nay, Roll No. 646; Pages H7413–14 Providing for the appointment of Barbara Bar- William ‘‘Bill’’ Kling VA Clinic Designation rett as a citizen regent of the Board of Regents Act: H.R. 6443, to designate the facility of the De- of the Smithsonian Institution: The House agreed partment of Veterans Affairs located at 9800 West to discharge from committee and agree to S.J. Res. Commercial Boulevard in Sunrise, Florida, as the 2 49, to provide for the appointment of Barbara Bar- ‘‘William ‘Bill’ Kling VA Clinic’’, by a ⁄3 yea-and- rett as a citizen regent of the Board of Regents of nay vote of 422 yeas with none voting ‘‘nay’’, Roll the Smithsonian Institution. Page H7415 No. 647; Page H7414 Meeting Hour: Agreed that when the House ad- Mt. Andrea Lawrence Designation Act: S. 925, journs today, it adjourn to meet at 2 p.m. tomorrow, to designate Mt. Andrea Lawrence, by a 2⁄3 yea-and- December 21st. Page H7415 nay vote of 408 yeas to 7 nays, Roll No. 648; Pages H7414–15 Presidential Message: Read a message from the Medicare Identity Theft Prevention Act: H.R. President wherein he notified the Congress of his in- 1509, amended, to amend title II of the Social Secu- tent to terminate the designation of the Federation rity Act to prohibit the inclusion of Social Security of Saint Kitts and Nevis as a beneficiary developing country under the Generalized System of Preferences account numbers on Medicare cards; Page H7416 program—referred to the Committee on Ways and Elizabeth L. Kinnunen Post Office Building Means and ordered to be printed (H. Doc. 112–158). Designation Act: H.R. 3378, to designate the facil- Page H7384 ity of the United States Postal Service located at 220 Elm Avenue in Munising, Michigan, as the ‘‘Eliza- Senate Messages: Messages received from the Senate beth L. Kinnunen Post Office Building’’; Page H7416 by the Clerk and subsequently presented to the House today appear on page H7361. Sidney ‘‘Sid’’ Sanders McMath Post Office Building Designation Act: H.R. 3869, to designate Senate Referrals: S. 3630, S. 3662, and S. 3698 the facility of the United States Postal Service lo- were referred to the Committee on Oversight and cated at 600 East Capitol Avenue in Little Rock, Ar- Government Reform; S. 2318 was referred to the kansas, as the ‘‘Sidney ‘Sid’ Sanders McMath Post Committee on Foreign Affairs; and S. 3202 was re- Office Building’’; Page H7416 ferred to the Committees on Veterans’ Affairs, Armed Services, and the Budget. Page H7421 Cecil E. Bolt Post Office Designation Act: H.R. 4389, to designate the facility of the United States Quorum Calls—Votes: Nine yea-and-nay votes and Postal Service located at 19 East Merced Street in one recorded vote developed during the proceedings Fowler, California, as the ‘‘Cecil E. Bolt Post Of- of today and appear on pages H7381–82, fice’’; Page H7416 H7382–83, H7383, H7383–84, H7411–12, H7412, Lieutenant Kenneth M. Ballard Memorial Post H7413, H7413–14, H7414, H7415. There were no Office Designation Act: H.R. 6260, to designate quorum calls. the facility of the United States Postal Service lo- Adjournment: The House met at 12 noon and ad- cated at 211 Hope Street in Mountain View, Cali- journed at 9:56 p.m. fornia, as the ‘‘Lieutenant Kenneth M. Ballard Me- morial Post Office’’; Page H7416 Representative Curtis B. Inabinett, Sr. Post Of- fice Designation Act: H.R. 6379, to designate the facility of the United States Postal Service located at 6239 Savannah Highway in Ravenel, South Carolina,

VerDate Mar 15 2010 07:15 Dec 21, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20DE2.REC D20DEPT1 tjames on DSK6SPTVN1PROD with December 20, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1061 Committee Meeting ONGOING INTELLIGENCE ACTIVITIES House Permanent Select Committee on Intelligence: Full BENGHAZI ATTACK, PART II: THE REPORT Committee held a hearing on ongoing intelligence OF THE ACCOUNTABILITY REVIEW activities. This was a closed hearing. BOARD Committee on Foreign Affairs: Full Committee held a hearing entitled ‘‘Benghazi Attack, Part II: The Re- Joint Meetings port of the Accountability Review Board’’. Testi- No joint committee meetings were held. mony was heard from William J. Burns, Deputy f Secretary, Department of State; and Thomas R. Nides, Deputy Secretary for Management and Re- COMMITTEE MEETINGS FOR FRIDAY, sources, Department of State. DECEMBER 21, 2012 BUSINESS MEETING—INVESTIGATIVE (Committee meetings are open unless otherwise indicated) REPORT ON THE U.S. NATIONAL Senate SECURITY ISSUES POSED BY CHINESE TELECOMMUNICATIONS COMPANIES Committee on Finance: business meeting to consider the HUAWEI AND ZTE nominations of Ronald Lee Buch, of Virginia, and Albert G. Lauber, of the District of Columbia, both to be a House Permanent Select Committee on Intelligence: Full Judge of the United States Tax Court, Time to be an- Committee held a business meeting on the Inves- nounced, Room to be announced. tigative Report on the U.S. National Security Issues Posed by Chinese Telecommunications Companies House Huawei and ZTE. The Report was adopted. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Friday, December 21 2 p.m., Friday, December 21

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Friday: The House will meet in pro forma the conference report to accompany H.R. 4310, National session at 2 p.m. Defense Authorization Act, with a vote on adoption of the conference report to accompany the bill at approxi- mately 2 p.m. Upon disposition of the conference report, Senate will vote on the motion to invoke cloture on Reid Amendment No. 3395 to H.R. 1, Full-Year Continuing Appropriations Act. The filing-deadline for all second-de- gree amendments to H.R. 1, Full-Year Continuing Ap- propriations Act is at 1:30 p.m.

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