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

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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, NOVEMBER 29, 2012 No. 151 House of Representatives The House met at 10 a.m. and was Mr. JONES. Mr. Speaker, yesterday not print those names, but almost ev- called to order by the Speaker pro tem- in the Republican Conference, I ac- eryone in the country knows Paula pore (Mr. FLEISCHMANN). knowledged that five marines and one Broadwell. That’s such a tragedy, Mr. f soldier from my district, the Third Dis- Speaker, that our troops are dying in trict of North Carolina, had been killed Afghanistan, and we’re writing about DESIGNATION OF SPEAKER PRO in Afghanistan by the Afghans they generals having relationships outside TEMPORE were training. This, to me, just does of a marriage. It makes no sense. The SPEAKER pro tempore laid be- not make any sense at all as to why we We lost 32 Americans in October and fore the House the following commu- stay in Afghanistan. November. I want to know, where is nication from the Speaker: I also shared with the Conference an the outrage here in Congress? Why are WASHINGTON, DC, email I got from the former Com- we spending money we don’t have? Why November 29, 2012. mandant of the United States Marine are our troops dying, and yet we just I hereby appoint the Honorable CHARLES J. Corps, who has actually been my ad- seem to go on and on talking about the FLEISCHMANN to act as Speaker pro tempore viser on Afghanistan for 3 years. I said, fiscal cliff? Well, I know that’s impor- on this day. Mr. Commandant, why do we stand by tant. JOHN A. BOEHNER, Speaker of the House of Representatives. and see our American soldiers, Ma- Mr. Speaker, it is time for Congress rines, killed by those people we’re to realize that we are having young f training? I said, Mr. Commandant, how men and women die in Afghanistan for MESSAGE FROM THE SENATE many more have to die, killed at the a failed policy that will not change one A message from the Senate by Ms. hands of the people they’re trying to thing. Curtis, one of its clerks, announced help? Mr. Speaker, before closing, I make that the Senate has passed a bill of the And I read this from the Com- reference to this poster of a young following title in which the concur- mandant: American in a casket being carried by rence of the House is requested: At the end of the day, I am more convinced his colleagues to be buried. Please, than ever that we need to get out of Afghani- S. 1998. An act to obtain an unqualified American people, put pressure on Con- stan. When our friends turn out to be our gress to bring our troops home now and audit opinion, and improve financial ac- enemy, it is time to pull the plug. The idea countability and management at the Depart- not wait until December 2014. that troops we have trained and equipped I ask God to please bless our men and ment of Homeland Security. now turn that training and equipment on us f is simply unconscionable. Whether we leave women in uniform, to please bless the families of those who’ve lost loved ones MORNING-HOUR DEBATE tomorrow or 1,000 tomorrows from now, nothing will really change. We are now noth- in Afghanistan and Iraq. I ask God to The SPEAKER pro tempore. Pursu- ing more than a recruiting poster for every please bless the United States of Amer- ant to the order of the House of Janu- malcontent in the Middle East. We need to ica. And please, God, help us get our ary 17, 2012, the Chair will now recog- wake up. troops home now and not later. nize Members from lists submitted by I read that yesterday in the Con- f the majority and minority leaders for ference, Mr. Speaker. I want my party morning-hour debate. and the Democratic party to wake up HOW BIG IS YOUR FEMA? The Chair will alternate recognition and get our troops home. The SPEAKER pro tempore. The between the parties, with each party Mr. Speaker, recently on CNN’s Reli- Chair recognizes the gentleman from limited to 1 hour and each Member able Sources with Howard Kurtz, a Oregon (Mr. BLUMENAUER) for 5 min- other than the majority and minority well-known journalist, Tom Ricks, utes. leaders and the minority whip limited made the following statement: Mr. BLUMENAUER. Mr. Speaker, to 5 minutes each, but in no event shall We, as a Nation, seem to care more about Mitt Romney weathered a storm of debate continue beyond 11:50 a.m. the sex lives of our generals than the real criticism late in the campaign after lives of our soldiers. f Hurricane Sandy for his earlier com- Mr. Ricks went on to say that prob- ments about privatizing FEMA and AFGHANISTAN ably no one knew who Sergeant Chan- turning responsibility back to State The SPEAKER pro tempore. The ning Hicks and Specialist Joseph Rich- and local governments. But during an Chair recognizes the gentleman from ardson were. They were two Americans era of fiscal restraint and global warm- North Carolina (Mr. JONES) for 5 min- killed in Afghanistan the Friday before ing, it’s high time that we start this utes. Ricks was interviewed. The media will conversation in earnest. How big do

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 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A29NO7.000 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6508 CONGRESSIONAL RECORD — HOUSE November 29, 2012 you want your FEMA to be, how gen- true disasters. That’s precisely the means we need to help our businesses erous your disaster relief payments, time that the local economy and tax- grow and hire. That has become way and how much do you want to pay? payer are least able to pay the full cost too hard to do in the past couple of In today’s New York Times op-ed sec- of recovery. They need money, per- years. A businessman in Dutchess tion, there is an article that points out sonnel, and assistance, but that doesn’t County, New York, told me that he’s the potential liability for flood insur- mean a permanent entitlement to going to have to limit the number of ance alone is $1.25 trillion, second only risky behavior. The Federal Govern- employees he has to fewer than 50 so to the liability for Social Security. ment should deal with what is truly that he won’t be subject to penalties Right now, we have arguably the worst catastrophic and with the humani- under the 2010 health law. So, right of both worlds. The Federal Govern- tarian costs. Families obviously should now, the Federal Government is keep- ment responds to disaster, usually pay- not be left destitute, hungry, and ing him from offering jobs. That hurts ing too much for the wrong people to homeless in the aftermath of natural the people who need jobs and who do the wrong things. We provide Fed- disaster. There is, however, no reason would be happy to be on a payroll on eral money to put people back in that we encourage the repetition of which they would be putting their own harm’s way and sometimes provide in- these terrible events. contributions into Social Security and frastructure to make future, risky de- In a time of fiscal stress and budg- Medicare. velopment worse. We often take reme- etary realignment, we should include Increasing taxes means less growth dial action like fortifying beaches, a government disaster spending, liability and fewer jobs, and that’s not balanced. temporary solution that can actually and development policy as we address Three years ago, I made a pledge to op- accelerate erosion elsewhere, shift the fiscal cliff. Done right, this will not pose tax increases. I made that pledge storm damage down the coast to an- only save money, but countless lives, to the citizens I serve and to no one other spot or more serious flooding as well. else, and I made it because tax in- down river. By giving the illusion of f creases will hurt them. When Jen, the protection, more people locate in dan- owner of La Petite Cuisine in Warwick, gerous areas, and the vicious cycle is b 1010 New York, tells me that the best thing repeated with untold damage to fami- THE TRUE MEANING OF THE I can do for her small business is to lies, with loss of life, loss of property, FISCAL CLIFF give her a break from high taxes, I be- disruption of business. lieve her. I ran for Congress to help Jen Perhaps we’d be better off if we began The SPEAKER pro tempore. The and all the small business people like with a serious conversation about what Chair recognizes the gentlewoman from her, who are the engines of job cre- people expect from FEMA and heavily New York (Ms. HAYWORTH) for 5 mination. I ran for Congress to help all the subsidized flood insurance. utes. people who need employers like Jen to What if the balance of responsibility Ms. HAYWORTH. Mr. Speaker, our hire them. between individuals, local, State, and work in Congress during these final These good people deserve better Federal governments were analyzed? weeks of 2012 is focused on the fiscal than temporary fixes that mean we What if we required individual prop- cliff. We’re worried—and rightly so— lurch from one crisis to the next. They erty owners to assume more of the cost about what it means to our economy, deserve a plan that solves our eco- of disaster mitigation and recovery by to our future, to the daily lives right nomic problems for the long term. paying the full cost of their flood in- now of hardworking Americans who They deserve a plan that goes beyond surance premiums and having recovery are, in all too many cases, already politics and shows a commitment to benefits provided on a declining scale struggling to make ends meet, like the putting the Federal Government on a after repetitive incidents? mother in Carmel, New York, who told budget and on track to eliminate our What if local developers were reme her kids are going to have to limit crushing debt, that respects our citi- quired to insure their buildings with- their sports activities because she’s zens’ rights to enjoy the fruits of their stood the cost of certain foreseeable having trouble finding the money to labors and to spend and save and invest disaster events? Would they be less fill her gas tank a couple of times a as they see fit, which is the best way to likely to pressure local governments to week. grow the economy and add jobs, and approve risky development proposals? I came to Congress 2 years ago to that allows each of them, regardless of If individual homeowners absorbed help that mom who is doing all she can their station in life or where they live more of their cost with slightly higher just to get by. She cares for her family, or their ethnic background or their home prices, would it make it less like- she has a job, and she is a taxpayer. gender, to use their energy, talent, and ly that they’re going to be buying She is in the middle class, and she is common sense as free people in a Na- homes in dangerous locations? being squeezed from all sides. She tion that must remain the strongest in Shouldn’t local governments be re- knows, even though she has to set and the world, which it simply cannot be if quired to have stronger zoning and keep a budget, the Federal Government it is drowning in debt. building codes to make loss less likely hasn’t been able to do that, and that’s I am here to fight for what is best for and recovery less expensive? What if why we’re facing the fiscal cliff. The my constituents—every one of them— these local governments were put on Federal Government has been spending today and every day, in every single notice that when they invest in infra- her hard-earned tax dollars like water, way I can. I am here to serve them and structure, that the Federal disaster re- running trillion-dollar deficits year not any party or ideology. My con- lief is only going to cover a portion of after year. She is angry, and she has stituents’ future extends far beyond the loss and that portion will decline every right to be angry. any election. They deserve that future with increasing frequency of events? So what are we going to do about it? to be as secure and prosperous as it can While there appears to be little appe- Lately, we’ve heard a lot of talk be, and it surely can be if we in Con- tite for overall Federal control, there about raising revenues but not nearly gress and the White House can have the ought to be even less appetite for the enough talk about bringing the Federal courage to move forward together in a Federal Government to pay for the fail- Government down to the right size, spirit of true cooperation. I stand ure of local control to plan, zone, about matching spending to the re- ready to do that, and I stand with the enact, and enforce strong code provi- sources we have, about balancing the people of the Hudson Valley. Federal budget. Oh, we hear about a sions and consumer protection. The no- f tion that this is all going to be a one- ‘‘balanced approach,’’ but that’s just a way street for the Federal taxpayer to way of saying we need to increase TURNING THE CORNER ON REAL pay for repetitive disaster costs is taxes. Actually, we don’t need to in- IMMIGRATION REFORM something that needs to be challenged crease taxes. The best thing we could The SPEAKER pro tempore. The and rejected out of hand. do would be to not increase taxes. Chair recognizes the gentleman from Make no mistake; I think it would be The best thing we can do to raise rev- Illinois (Mr. GUTIERREZ) for 5 minutes. foolish to privatize FEMA because enues is by making our economy as Mr. GUTIERREZ. Mr. Speaker, let there is a need for Federal response to healthy and strong as it can be. That me tell you how you know you’ve

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.013 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6509 turned the corner on the immigration parents of almost every Member of I had the opportunity to visit the Ko- debate. Congress. In this case, half of the peo- rean War Memorial here in our Na- When Sean Hannity and Senator ple who come to America legally, tion’s capital with Louis earlier this RAND PAUL and a group of others in the through the Diversity Visa program, year. I was fortunate to have been able Republican Party begin saying it’s come from the continent of Africa, to spend that time with him and proud time to rethink the party’s approach to over half of them. Yet they come from to have called him my friend. immigration, we’ve probably reached a all over. So the Republicans would His life of service is an example to milestone. When Donald Trump says have us say to the good people of each of us, and I wish his family all the the Republican policy of asking 12 mil- Ghana or South Africa—but also to the best in these difficult times. lion people to self-deport is a ‘‘crazy people of Sweden and Ireland and New f policy’’ that likely cost the Repub- Zealand and Taiwan who apply to come licans the White House, you’ve turned here legally—sorry, we have to with- PITS FOR PATRIOTS a corner. Any time I agree with Donald draw the chance you had at 50,000 visas The SPEAKER pro tempore. The Trump, hope for a bipartisan agree- so we can divert them to, maybe, 20,000 Chair recognizes the gentleman from ment should be running high. STEM graduates. Maybe. Once again, Illinois (Mr. QUIGLEY) for 5 minutes. Most Americans believe that Elec- the Republicans’ math doesn’t add up. Mr. QUIGLEY. Mr. Speaker, I rise tion Day demonstrated that it’s time Here is something I’ll bet you didn’t today to highlight the exceptional to move beyond the same old politics, know about the Diversity Visa pro- work of an organization operating in the same tired blame game on immi- gram, which is that many of them my district called Pits for Patriots. gration. So, when I saw a Republican- come to this country and join the This innovative program strives to sponsored STEM visa bill on the House Armed Forces of the United States of save not just one life, but two. calendar this week, I thought, well, America. But these legal immigrants The Chicagoland organization cur- maybe House Republicans are changing are the target of the Republican bill. rently trains rescued pit bulls to be- their tune. On the campaign trail, we I have news for my friends on the come service dogs for veterans in need. heard Governor Romney say he sup- other side of the aisle: you can’t fool In addition to helping our country’s pa- ported stapling green cards to the di- immigrants. You can’t pretend to be triots, the program is committed to plomas of every math and science grad- pro-immigrant and then eliminate im- educating the public about the loyalty, uate from our universities. Why should migration from one group to allow an- devotion, and commitment of the pit we educate some of the best minds on other group to come. bull breed. Their service dogs are Earth and then say, ‘‘Sorry, no room in I woke up the day after the election trained to help improve a veteran’s the U.S. economy for you’’? It makes and I saw a new landscape for the im- quality of life in their day-to-day ac- no sense. They go away and compete migration debate. It is one in which tivities, such as opening and closing against us rather than innovating and Democrats and Republicans work to- doors, retrieving items, and assisting creating jobs here. gether to solve tough problems facing with mobility problems. Then I took a closer look at what the the United States. We should not treat I had the honor of attending a train- Republicans are actually proposing. this as an opportunity for politicians ing session and meeting a dedicated They haven’t turned a corner at all. In to score political points again, but veteran, Sergeant Danny Randall, and fact, they haven’t even stepped out of sadly, that is what is happening here. I his companion dog, Shiloh. After serv- their houses. They certainly didn’t want Republicans to know that Demo- ing for 9 years in the Army, Danny felt learn anything from the last election. crats support STEM visas. We don’t an emotional disconnect between mili- The STEM visa bill on the House floor need to kill other legal immigration tary and civilian life. Reentering the this week was actually voted down in programs to create a STEM program, civilian workforce had been a difficult September. It was introduced with a but Republicans are more interested in adjustment. Danny suffers from few changes but with absolutely no killing the Diversity Visa program posttraumatic stress disorder, making consultation with Democrats. than in creating a program for STEM it difficult for him to remain calm in I want to find a bipartisan solution graduates. For this bill, no matter large crowds or tight spaces. He is not on immigration. I am committed to it. what happens on Friday, it will not comfortable sitting with his back to a I know it won’t be easy. They say a pass in the Senate. door or window and feels stress when journey of a thousand miles begins Mr. Speaker, I believe we can turn strangers enter his personal space. But with just one step. The problem is my the corner on real immigration reform Danny has found a way to help battle colleagues on the other side of the aisle but only if Republicans are willing to some of the aftereffects of war. want to take one step and have the put on their walking shoes and take a Danny’s medicine is in the form of a Democrats travel the other 999.9 miles. few steps with Democrats, walking side four-legged pit bull dog that goes by Certainly, this bill isn’t even a step— by side, for a greater, better America. the name of Shiloh. Shiloh helps it’s a shuffle; it’s a shell game. It has f Danny to remain calm when going out in public and increases his comfort exactly the same problem that the b 1020 STEM bill in September had. It moves level and socialization skills. visas from a legal immigration pro- HONORING LOUIS GIACOMELLI Shiloh and other pit bulls do more gram, which works, over to a new visa The SPEAKER pro tempore. The than just facilitate the day-to-day lives category where there may or may not Chair recognizes the gentleman from of the recipients; they provide a sense be sufficient demand to use those visas Pennsylvania (Mr. FITZPATRICK) for 5 of independence and unconditional each year. minutes. love. For the veterans, caring for a Immigration is always a zero-sum Mr. FITZPATRICK. Mr. Speaker, I companion animal can provide a sense game for my colleagues on the other rise today to honor the life of Louis of purpose and fulfillment, while less- side: we will only increase visas for im- Giacomelli of New Britain in my home ening feelings of loneliness, isolation, migrants we like if we can eliminate of Bucks County, Pennsylvania. A de- and depression. immigration for immigrants we don’t voted husband and a loving father, There are over 22 million veterans in like. But it isn’t even a zero-sum trick Louis passed away earlier this week America today. And although the num- they’re pulling here. Best estimates are after a long life of service to his com- ber of servicemembers being deployed that only 20,000 STEM visas would be munity and to his country. in today’s wars are fewer than in wars issued to graduates, meaning that the As a young man in the Army, Louis of the past, those returning from war other 35 visas would just disappear. answered his country’s call and honor- are suffering from increasingly severe Which immigrants do they want to ably served in the Korean War and was disabilities, such as traumatic brain in- exclude in order to play this game? awarded a Purple Heart for his service. jury, numerous amputations, and They’re people from around the world Upon returning home from the war, posttraumatic stress disorder. who want a chance to make a new life Louis went on to serve his community Over the past decade, the number of for themselves in the U.S., people like with the Philadelphia Police Depart- vets in need of disability compensation the fathers and mothers and grand- ment for over 20 years. has more than doubled, from 600,000 in

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.004 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6510 CONGRESSIONAL RECORD — HOUSE November 29, 2012 2000 to over 1.4 million in the year 2011. of the Liberty Caucus Congressman voice was raised alone on one side of the As more vets return home from mul- PAUL has hosted in his office with a question, it was never stilled. tiple tours in Iraq and Afghanistan, the wide variety of speakers. f need for assistance will grow even One national magazine about 4 years greater. We must do all we can to sup- ago gave just three Members 100 per- b 1030 port inventive programs such as Pits cent ratings on a freedom index—Con- PROTECTING THE RIGHT TO VOTE for Patriots that provide essential sup- gressman PAUL, Congressman JEFF The SPEAKER pro tempore. The port and assistance to our veterans in FLAKE of Arizona, and myself. Last Chair recognizes the gentleman from need. year I was very surprised when the Na- Virginia (Mr. CONNOLLY I want to end with the words of Ser- tional Taxpayers Union ranked me as ) for 5 minutes. geant Danny Randall, who said about the most fiscally conservative Member Mr. CONNOLLY of Virginia. Mr. his pit bull, Shiloh: on all 338 spending votes. But the only Speaker, Americans turned out in record numbers this past election day, reason Congressman PAUL was not first He truly gives me a reason to be success- November 6, to exercise our most cher- ful. Shiloh gives me a great sense of calm was because he missed many votes dur- and balance. He is an amazing dog, not just ing his run for the White House. ished and fundamental right, the right where he has been and what he’s lived There have been articles and com- to vote. through, but all that he has overcome. In ments and questions about who would No doubt my colleagues heard from that sense we are a lot alike, and I believe be the next RON PAUL in Congress, but, their constituents who endured, in that is why we have such a strong bond. We really, no one can replace RON PAUL or many cases, outrageously long lines. I truly do everything together, and I could not spoke with voters who reported having have asked for a better pittie partner. fill his shoes or be the next RON PAUL. He has achieved a fame and a following to wait two or more hours, and in some Let’s make sure other veterans in and a position of influence that is al- cases up to 5 hours, to cast that pre- need have access to the same program most miraculous considering his cious vote. In most cases, the absence that has done so much to help Danny unique independence. of early voting and the shortage of vot- and Shiloh. He is such a kind, humble, almost ing machines and well-trained election f bashful person that I know he has been volunteers were the primary culprits amazed by the numbers that have leading to unacceptably long lines. TRIBUTE TO CONGRESSMAN RON Whether one lived in a blue or red PAUL turned out to support him, and especially the following he has among State, or voted in an urban, suburban The SPEAKER pro tempore. The young people. After all, there is noth- or rural precinct, residents at polling Chair recognizes the gentleman from ing cool or hip about him, but several places in more than a dozen States, in- Tennessee (Mr. DUNCAN) for 5 minutes. million college students and 20-some- cluding Florida, Pennsylvania, Colo- Mr. DUNCAN of Tennessee. Mr. things love the man. I think his appeal rado, Ohio, New York, Massachusetts, Speaker, I rise today to pay tribute to lies in his principled stands on the Wisconsin, South Carolina, Montana, my friend, RON PAUL. I have now issues, the concern young people have Tennessee, Hawaii, Arizona, Rhode Is- served in Congress for 24 years, the last for their future and where this country land, and my own Commonwealth of 16 of which I have served with Con- is headed, and the fact that Congress- Virginia, encountered significant, yet gressman PAUL. During all of that man PAUL is real. There is nothing avoidable, barriers to casting their bal- time, I have never once seen him waver fake about him. He believes what he lots. or stray from a commitment to liberty says and says what he believes and This is not a Republican or a Demo- and freedom and his promise to uphold then sticks by it even when it is not cratic problem. Voters from both par- and defend our Constitution. ‘‘politically correct.’’ ties were affected. This is truly a na- I can assure you that no one runs for Financial columnist Charles Goyette tional bipartisan challenge, if not a office wanting to make people mad. In probably summed up Congressman crisis. And to quote President Obama: fact, it may be that people who run for PAUL’s time in office best in a column ‘‘It’s one we have to fix.’’ office have a stronger desire to be liked a few days ago. He wrote: I think about the employee who than most people. Thus, I feel certain Politics has ways of bending such lesser struggles to manage his commute or that at times it has been hurtful to men and molding even the well-intentioned her commute and work schedule on Congressman PAUL to be the only to become servants of the State. The tools election day, or the senior citizen who Member out of 435 to vote ‘‘no’’ on are many: Congressional leadership bribes may not have had the stamina to stand some popular bill or seemingly harm- and bestows its favors from plum committee in line for 5 hours, or the young work- less resolution. Yet, on many occa- assignments to nicer Capitol offices. The ing mom waiting to vote, worried sions, he has been the only vote on parties reward the lockstep marchers, too. about the fact that she won’t get to the For those who stay in step, there are en- some issue. Yet, because of his courage dorsements and campaign funds. Meanwhile, front of the line in time to pick up her and sincerity and his steadfast belief in for those who march to a different drum- kids at daycare. free enterprise, private property, and mer—well. And then there is the simple so- The experience of our constituents on individual freedom, he has earned the cial pressure to which men whose eyes are election day amount to a modern-day respect and admiration of almost ev- not focused on a polestar of principle soon poll tax on all Americans that must be eryone with whom he has served on succumb. The description you’ve heard of eliminated. Twelve years after the 2000 both sides of the aisle. Washington that you have to go along to get Presidential election exposed the deep When there was tremendous pressure, along is all too true. structural problems that plague our de- especially on the Republican side, to Mr. Goyette concluded by writing: centralized voting system, our troubles vote to go to war in Iraq, only six Re- Ron Paul never succumbed. He never sold appear to have worsened, not improved. publicans voted ‘‘no.’’ Three of those out for a better assignment, a nicer office, Long waits in the cold or the heat, were very liberal Republicans, and lobbyist largesse, or shallow conviviality. confusing and conflicting instructions three were very conservative. The Finally, Mr. Speaker, I think words from poorly trained election officials, a three conservative ‘‘no’’ votes came written in a 1930 novel called ‘‘The paucity of voting machines or malfunc- from John Hostettler of Indiana, Con- Lion’s Den’’ fit Congressman RON tioning machines showing their age, a gressman PAUL, and myself. PAUL. The words described a fictional shortage of paper ballots, absentee bal- It is probably accurate to say that, Congressman named Zimmer. The au- lots that failed to reach civilian and during the 16 years Congressman PAUL thor, Janet Fairbank, wrote: military voters in time were among the and I have served together, no two No matter how the espousal of a lost cause litany of voting problems that came to Members have voted more alike than might hurt his prestige in the House, Zim- a head on election day. we have. Most of that time we have ar- mer had never hesitated to identify himself I saw the problem firsthand at poll- with it if it seemed to him to be right. He rived at our decisions separately and knew only two ways; the right one and the ing places in my district as I visited independently. But we also have dis- wrong, and if he sometimes made a mistake, with voters in one Prince William cussed many votes over the years, and it was never one of honor. He voted as he be- County precinct who had been waiting I have attended most of the meetings lieved he should, and although sometimes his in line for more than 4 hours in the

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.005 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6511 cold. That’s why I joined with Con- on terror. On September 28, America service of Mother Marianne Cope of gressman JIM LANGEVIN to introduce lost Army Sergeant First Class Riley Molokai, and her canonization as a the Fair, Accurate, Secure and Timely G. Stephens of Tolar, Texas. saint of the Roman Catholic Church on Voting Act of 2012, the FAST Act. A Riley grew up in Tolar. He enlisted as October 21, 2012. She joins Saint Senate companion bill was introduced an infantryman in the Army in 1993. He Damien of Molokai among the 12 Amer- by Senators CHRIS COONS of Delaware, volunteered for the Special Forces As- ican saints. MARK WARNER of Virginia and SHELDON sessment and Selection Course. He also I am joined in introducing this reso- WHITEHOUSE of Rhode Island. went on to graduate from the Special lution by Congresswoman ANN MARIE Representative LANGEVIN and I have Forces Qualification Course in March BUERKLE, who represents Syracuse, significant experience serving at the of 2005. New York, where Mother Marianne’s State and local levels, and we strongly At the time of his tragic death, he Order of the Sisters of Saint Francis is believe that the Federal Government was assigned to Company B, 1st Bat- based; by Congressman RICHARD often works best when it leverages talion, 3rd Special Forces Group (Air- HANNA, who represents Utica, New those laboratories of democracy at the borne) as a Special Forces medical ser- York, where Mother Marianne grew up; local and State levels to test innova- geant. He would go on five separate de- and by Congresswoman COLLEEN tive solutions and governing reforms ployments in support of Operation En- HANABUSA, who represents Hawaii’s and best practices that might have ap- during Freedom. First Congressional District. I am plicability at the Federal level. During his 19 years of service to our proud to represent Hawaii’s Second Consistent with this principle, our country, Sergeant Stephens earned Congressional District, which includes bill avoids overly prescriptive require- many awards and decorations. He the island of Molokai. ments and, instead, offers States a earned the Bronze Star Medal with It may seem surprising that one- menu of options and financial incen- Valor, two Bronze Star Medals, the sixth of America’s saints are connected tives to adopt voting reforms. Purple Heart, the Army Achievement to the tiny Kalaupapa Peninsula on the Our FAST Voting Act recognizes that Medal with Valor, four Army Com- Hawaiian island of Molokai. The story modernizing the Nation’s voting sys- mendation Medals, four Army Achieve- of Kalaupapa is heartbreaking. tem will require collaborative and co- ment Medals, the National Defense We have all heard of how isolated na- ordinated efforts at the State, Federal, Service Medal, the Afghanistan Cam- tive populations are especially suscep- and local levels. It creates a competi- paign Medal with three campaign stars, tible to new diseases. Once Westerners tive grant program, similar to the the Global War on Terrorism Service and other peoples came to Hawaii, dis- President’s Race to the Top schools Medal, the Noncommissioned Officer eases like smallpox and measles caused initiative, and rewards those States Professional Development Ribbon Mili- high mortality. It was no different that aggressively implement the most tary, the Army Service Ribbon, two with leprosy. Native Hawaiians made effective and promising reforms to ex- Overseas Service Ribbons, the NATO up the majority of those afflicted with pand the franchise. The menu of reforms includes flexible Medal, the Air Assault Badge, the this disease. voter registration opportunities, in- Basic Parachutist Badge, the Expert To stem the spread of leprosy, the cluding same-day registration; early Infantryman Badge, the Combat Infan- Kingdom of Hawaii decided in 1866 to voting, with a minimum of at least 9 tryman Badge, the Ranger Tab and the forcibly relocate persons found to have days before the election; no-excuse ab- Special Forces Tab. the disease to the Kalaupapa Penin- sentee voting; assistance to voters who On October 7, Sergeant First Class sula. Those with the disease were out- do not speak English as a primary lan- Riley G. Stephens was laid to rest at casts in every sense of the word. guage; assistance to voters with dis- the Dallas-Fort Worth National Ceme- Kalaupapa was chosen because it is abilities, including the visually im- tery, not far from his hometown in surrounded by the ocean and some of paired; effective access to voting for Tolar where, earlier that day, his life the tallest sea cliffs in the world, effec- members of the Armed Services; formal was celebrated and his service to our tively cutting off escape. training of election officials, including country was celebrated in a church full b 1040 State and county administrators and of friends and family and fellow patriots. Mothers, fathers, and children who volunteers; auditing and reducing wait- contracted the disease were taken from ing times at polling stations; creating Our thoughts and prayers are with the family and friends of Sergeant Ste- their families and brought to contingency plans for voting in the Kalaupapa, where living conditions event of a natural or other kind of dis- phens. He will forever be remembered were terrible and medical care almost aster. as an outstanding soldier, a husband nonexistent. Father Damien, who ulti- To be clear, the FAST Act is the lat- and a father. We thank him and his mately contracted and died from the est in a series of proposals to reform family for their service and sacrifice disease, is recognized throughout the how our elections are administered. for our country. world for all he did to improve condi- Given the renewed interest among the His sacrifice reflects the words of tions for the outcasts of Kalaupapa. public, Members of Congress, and the Jesus in John 15:13 which say: Greater Mother Marianne carried on and ex- President, we ought to at least move love hath no man than this, that a man panded on his work. This resolution forward with hearings to debate the lay down his life for his friends. honors Mother Marianne for her legacy merits of these proposals. As I close, Mr. Speaker, I would like This is the world’s greatest and old- to ask all Americans to continue pray- of compassionate care and recognizes est democracy. How can any of us be ing for our country during these dif- her example of what it truly means to satisfied with the scandalous oper- ficult times, for our military men and dedicate one’s life in service to others. ations that occurred in all too many women, and for our first responders One does not need to be Catholic to be voting places that impaired the ability who keep us safe by their sacrifice each humbled and inspired by the life of of Americans, free Americans, to freely day. someone who devoted herself so self- cast their vote? God bless our military men and lessly to those whom almost everyone We ought to clean this up. It’s a solv- women, and God bless America. else shunned and rejected. able problem, and it ought to be solved f Mother Marianne, born Barbara on a bipartisan basis. Koob, immigrated to this country from COMMEMORATING THE CANON- Germany as a young girl. She and her f IZATION OF SAINT MARIANNE OF family settled in Utica, New York. At HONORING SERGEANT FIRST MOLOKAI the age of 24, she entered the religious CLASS RILEY G. STEPHENS The SPEAKER pro tempore. The life as a Catholic nun and commenced a The SPEAKER pro tempore. The Chair recognizes the gentlewoman from life dedicated to children, education, Chair recognizes the gentleman from Hawaii (Ms. HIRONO) for 5 minutes. and the sick. Mother Marianne later fo- Texas (Mr. FLORES) for 5 minutes. Ms. HIRONO. Mr. Speaker, I rise cused her efforts on health care and Mr. FLORES. Mr. Speaker, America today to introduce a resolution com- was influential in establishing St. Eliz- recently lost another hero in the war memorating the remarkable life of abeth Hospital in Utica. She was also

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.007 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6512 CONGRESSIONAL RECORD — HOUSE November 29, 2012 the founder and administrator of St. rifice of our military families. But size the important role that Federal in- Joseph’s Hospital in Syracuse, the sometimes I don’t know how we as a vestments in research and develop- city’s first hospital. Congress and a Nation can look them ment, or R&D; and science, technology, In 1883, Mother Marianne received a right straight in the face after every- engineering, and mathematics, or letter that would change her life. It thing we’ve put them through. The STEM, education play in stimulating was from Father Leonor Fouesnel, a benefits of this war don’t come close to growth, creating new industries and missionary in Hawaii, who was des- justifying the devastating human jobs, and delivering long-term benefits perately searching for volunteers to cost—not just fatalities, but dis- to our citizens. take charge of the hospitals that figuring wounds, lost limbs, traumatic As a member of the House Committee served people with Hansen’s disease. brain injury, and demons of post-trau- on Science, Space, and Technology, and More than 50 religious congregations matic stress. They all add up to trag- now as ranking member, I have had the had already declined, but Mother edy at the utmost. privilege of hearing countless witnesses Marianne was different. She eagerly For too many of our veterans, the from industry, academia, and govern- accepted the mission. She wrote back transition back to civilian life is a ment over the past several years tes- to Father Leonor: daily struggle. Many face not just tify that investments in R&D are es- I am hungry for the work and I wish with health care challenges but joblessness, sential to keeping America competi- all my heart to be one of the chosen ones. I housing and credit troubles, and over- tive in a challenging international am not afraid of any disease. all economic anxiety and stress. We’ve marketplace. In fact, according to a Mother Marianne left for Hawaii, had enough of this. Why would we want paper by the National Bureau of Eco- along with six sisters from Syracuse, in to extend a war that has given so much nomic Research, changes in technology 1883, where she began a 30-year mission misery and so much heartache and so are the only source of permanent in- caring for those diagnosed with Han- few actual national security benefits? creases in productivity. sen’s disease. Mother Marianne accept- The American people have rendered If we are to reverse the trend of the ed a government plea to start a new their verdict on the occupation of Af- last 20 years, where our country’s tech- home for women and girls with Han- ghanistan. Poll after poll shows they nology edge in the world has dimin- sen’s disease at the Kalaupapa settle- want it over. Who can blame them? In ished, we must make the investments ment. Mother Marianne arrived in fact, the public opinion was so clear necessary today. The statistics speak Kalaupapa just months before Father during the last Presidential election for themselves. It is estimated that Damien’s death. She oversaw the ex- that both candidates for President in more than 50 percent of our economic pansion of health services and pro- this year’s campaign were saying that growth since World War II can be at- grams to provide education and tend to they would end the war. But the ques- tributed to development and adoption tion, Mr. Speaker, is, When? The cur- the spiritual needs of the patients. of new technologies. The path is sim- rent 2014 timetable is not nearly ag- Mother Marianne lived until the age ple: research and education lead to in- gressive enough—not when we’re losing of 80. On August 9, 1918, she died in novation. Innovation leads to economic brave servicemembers every single Kalaupapa. She was deeply mourned development and good-paying jobs and week, not when our military presence and is still revered. I have visited her the revenue to pay for more research. is sustaining the very extremists we’re grave site, where I left ho-okupu, a tra- trying to defeat, and not when Amer- b 1050 ditional Hawaiian offering. I was deep- ican taxpayers are paying the bill to ly moved by the devotion of this As private firms underinvest in re- the tune of $10 billion a month, at woman from New York who left all search and development because the re- least. turns are too far off in the future, that was familiar to live on an isolated And now it seems that our policy- peninsula 5,000 miles from home. there is a clear and necessary role of makers might be planning for a signifi- government to help our Nation keep Kalaupapa became her home and its cant military presence in Afghanistan people her family. pace with the rest of the world. beyond 2014. According to a new New More than 50 years ago, when DARPA Mother Marianne recognized the York Times article last weekend, one rights and inherent dignity of all peo- was first created, no one had any idea of the options on the table calls for that the research that they would fund ple. She dedicated her life to caring for 10,000 American troops and several those who needed it the most. People of would be responsible for the creation of thousand more NATO troops to remain the Internet or the proliferation of all faiths can admire her spirit of on the ground after 2014. Sources say aloha—encompassing love, compassion, GPS technology, but it did. Those in- that General John Allen, our top com- ventions started with Federal dollars, mercy, and grace—and malama—to mander in Afghanistan, prefers to keep care for others. as did countless other game-changing as many as 60,000 troops for another technologies. f year. As The Times editorial board It is clear that Federal investments ONE LESS PLACE SETTING AT THE points out, this is not the ‘‘steady in R&D bring significant returns for HOLIDAYS pace’’ of troop withdrawal that the decades to come. In 1987, MIT Professor President has promised. Robert Solow was awarded the Nobel The SPEAKER pro tempore. The This is unacceptable. We ought to Prize in Economics for his work prov- Chair recognizes the gentlewoman from have a role in Afghanistan, but it can- California (Ms. WOOLSEY) for 5 min- not and must not be a military role. ing that improved technology and im- utes. We need more humanitarian aid, more proved education in the workforce was Ms. WOOLSEY. Mr. Speaker, it’s the support for education, health care, de- clearly and chiefly responsible for time of year when families reunite and mocracy promotion, civil society, and long-term growth, much more than in- renew their very close connections— so much more. But we will not make creases in labor or capital. The current connections that are actually, in most America safer and we will not make Af- best estimate for the return on aca- instances, the most precious parts of ghanistan stronger by continuing this demic research alone is 28 percent. our lives. This Thanksgiving I know all war. The only morally decent and stra- Federal efforts are underway now to of us were grateful for the company of tegically sensible approach is to bring more vigorously and rigorously quan- those we love the most. But more than our troops home now—certainly before tify the return on Federal investments 2,000 American families sat at tables 2014. in R&D. where there was one less serving of the Today we find ourselves at a cross- f Thanksgiving meal just a week ago. roads. The United States remains a Those families lost a loved one in the INVESTING IN R&D AND STEM leader in science, technology, and inno- deadly war in Afghanistan—now more The SPEAKER pro tempore. The vation but no longer the unchallenged than 11 years long and a tragically Chair recognizes the gentlewoman from leader. While our own world-class inno- reckless policy. Texas (Ms. EDDIE BERNICE JOHNSON) for vation infrastructure is under stress, I’m personally grateful for the serv- 5 minutes. our competitors in other countries, ice of all of our Afghanistan veterans Ms. EDDIE BERNICE JOHNSON of even as they institute austerity meas- and for their sacrifice and for the sac- Texas. Today, I would like to empha- ures in other parts of their budgets, are

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.009 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6513 seizing the opportunity to make stra- and our nation’s leadership is being chal- delaying an investigation but by lim- tegic investments in long-term basic lenged. At the same time, our demographics iting the scope of it when it did occur. research and build and leverage public- are shifting in profound ways, making the ra- Neither General Caldwell nor General private partnerships to support the cial/ethnic gaps that much more consequential Yaftali have been disciplined for their shorter term R&D that will help create for our future. By the year 2050, minorities are conduct. jobs now and long into the future. predicted to represent 55 percent of the na- Last week I was in Afghanistan and I As we struggle with our own deficits, tional college population. visited the hospital. I left Afghanistan we too can make the strategic choice I am heartened by many of the initiatives confirming my belief that the greatest to continue to invest in our future— going on now at both the federal and state threat to the future of Afghanistan is both in our human capital and physical levels, including the Obama Administration’s not the Taliban but the pervasive cor- infrastructure—or we can make the Race to the Top, Initiative and the state-drive ruption that permeates every level of strategic choice to permanently cede common core standards in math and science. Afghan governance and the lack of our leadership, to fail our current gen- Nevertheless, we have a long way to go to en- leadership by the United States in con- eration of young people and to put our sure that the U.S. continues to produce the fronting it. economy in a state of stagnation for world’s best scientists, mathematicians, and f years to come. engineers and to make sure that every student RECESS STEM education is another critical is prepared for the highly technical, high-pay- component to the Nation’s economic The SPEAKER pro tempore. Pursu- ing jobs of the future. According to 2008 data ant to clause 12(a) of rule I, the Chair competitiveness. Yet according to the from the Bureau of Labor Statistics, the pro- declares the House in recess until noon Program for International Student As- fessional information technology (IT) workforce today. sessment, the U.S. currently ranks 17th was projected to add a little under a million Accordingly (at 10 o’clock and 55 in science and 25th in math out of 34 new jobs between 2008 an 2018. This rep- minutes a.m.), the House stood in re- countries. Though our best STEM stu- resents more than twice the rate of overall cess. dents have no trouble competing with workforce growth over that same period. Many f their international peers, on average, high-tech companies cite the availability of a our K–12 students continue to lag far skilled STEM workforce as the number one b 1200 behind their international peers in reason for determining where they locate their AFTER RECESS math and science aptitude. According facilities. Producing students with the STEM The recess having expired, the House to the National Assessment of Edu- skills needed to fill the jobs of the future is was called to order by the Speaker at cational Progress (NAEP) 2009 science necessary to maintaining our nation’s innova- noon. assessment, 34 percent of the fourth- tion capacity and creating new high-skill, high- graders, 30 percent of the eighth-grad- paying jobs at home. f ers, and 21 percent of the 12th-graders We need to take a step back and refrain PRAYER performed at or above the proficient from making short-sighted, ill-advised cuts to Reverend Dr. Leslie Callahan, St. level in science. When eighth-graders our R&D and education investments in pursuit Paul’s Baptist Church, Philadelphia, were tested again in 2011, they achieved of illusory budgetary benefits. While we debate Pennsylvania, offered the following a modest 2-point gain in the percentage turning the lights off on groundbreaking re- prayer: of students demonstrating proficiency. search projects, shuttering world-class re- Gracious God, we offer thanks for the When the results are broken down by de- search facilities, stopping emerging industries joys and challenges of self-government, mographic groups, we see a 6–7 point gender in their tracks, and losing many of our best which this House and the whole Con- gap that begins somewhere between the 4th and brightest scientists from the STEM pipe- gress symbolize. and 8th grade and persists through 12th line for good, our competitors in China, India, In a world ravaged by violence, polit- grade. Even more troubling, there are huge and elsewhere are surging ahead in their in- ical and domestic, we enter gratefully and persistent gaps across racial/ethnic vestments in R&D, STEM education, and the sanctuary of these Chambers for groups. Among African American students, in emerging industries. peaceful deliberation for this Nation’s 2009 only 11 percent of fourth-graders, 8 per- I urge all of us, as we undertake our very good. Even in the spaces of deep dis- cent of eighth-graders, and 4 percent of difficult task of trying to set us on a more sus- agreement may these debates be sea- twelfth-graders performed at or above the pro- tainable fiscal path, to do whatever it takes to soned with mutual understanding. May ficient level in science. The number for His- prioritize steady growth of our investments in Your presence as liberty, love, and jus- panic students—14, 12 and 8 percent, respec- science, technology, and STEM education. It tice walk up and down and, yes, even tively—are only slightly better. The one small is when our economy is hurting the most that between these aisles. Remind everyone sign of improvement is a 4 point gain for His- we should be redoubling our efforts to inno- of the sacredness of the trust of their panic 8th graders from 2009 to 2011. But how vate our way into a brighter future of new jobs, constituents and the hope of all our as a nation and as parents and grandparents new technologies, and untold societal benefits. citizens. At day’s end, may all affected by can we tolerate any of these numbers for any f of our students? their decisions be confident of their We must also do better at the college level. CORRUPTION IN AFGHANISTAN good faith. At the end of the term, may Even among those minority students who The SPEAKER pro tempore. The the reelected redouble their efforts for have access to high-performing schools or Chair recognizes the gentleman from the common good and those retiring who otherwise succeed against the odds and Colorado (Mr. COFFMAN) for 5 minutes. find satisfaction in having done their enter college intending to major in a STEM Mr. COFFMAN of Colorado. Mr. duty. In the name of all that is holy and good. degree, fewer than 20 percent finish within five Speaker, this year I pushed for and re- Amen. years, compared to a 33 percent 5-year com- ceived a congressional investigation pletion rate for White students and 42 percent into the Dawood National Military f for Asian students. Hospital in Afghanistan based on alle- THE JOURNAL We’ve been talking about ‘‘A Nation at Risk’’ gations that senior Afghan medical The SPEAKER. The Chair has exam- since the report by that name came out nearly personnel sold U.S. military medical ined the Journal of the last day’s pro- 30 years ago, but in that time we’ve made lit- supplies and that Afghan soldiers and ceedings and announces to the House tle to no improvement. Some suggest we may police were dying in the facility from his approval thereof. even have gone backwards. As long as our untreated wounds and malnutrition be- Pursuant to clause 1, rule I, the Jour- nation overall was still number one, it was cause their families couldn’t come up nal stands approved. easier for our leaders to let year after year with the necessary bribes to pay the f pass without taking the hard steps to take on hospital staff for their care. an enormous set of challenges in a large and The Afghan surgeon general, General PLEDGE OF ALLEGIANCE diverse country where, rightly so, education is Ahmad Zia Yaftali, was complicit in The SPEAKER. Will the gentleman controlled at the local level. the corruption. U.S. Army Lieutenant from New York (Mr. REED) come for- However, the world is changing, the de- General William Caldwell was instru- ward and lead the House in the Pledge mand for STEM skills is steadily increasing, mental in covering it up by not only of Allegiance.

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.011 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6514 CONGRESSIONAL RECORD — HOUSE November 29, 2012 Mr. REED led the Pledge of Alle- that may actually create perverse in- final game as head coach of the Car- giance as follows: centives for private insurers to behave dinals, capping a 33-year career at the I pledge allegiance to the Flag of the like Medicare. Some have suggested helm. His teams earned three State ti- United States of America, and to the Repub- that the consumer protections provided tles, eight Section Six championships, lic for which it stands, one nation under God, by the MLR rule are too important to and a career record of 213 wins and 99 indivisible, with liberty and justice for all. subject the rule to change in order to losses. Today, we honor Coach Slater f prevent fraud. Setting aside whether for the positive impact he has had on individuals or employers have received the young people at Randolph for so WELCOMING REVEREND DR. the benefit of the MLR rule, clearly the many years. LESLIE CALLAHAN best way to save money is prevent it f The SPEAKER. Without objection, from being stolen in the first place, not CRUMBLING INFRASTRUCTURE the gentlewoman from Ohio (Ms. chasing criminals after they have re- FUDGE) is recognized for 1 minute. ceived and spent their illicit gains. (Mr. HIGGINS asked and was given There was no objection. The flawed MLR rule is just another permission to address the House for 1 Ms. FUDGE. Mr. Speaker, it is my example of how ObamaCare’s sloppy minute.) pleasure to welcome Dr. Leslie D. Cal- legislating and rulemaking has the po- Mr. HIGGINS. Mr. Speaker, our na- lahan to serve as our guest chaplain tential to cost the American people tional policy for transportation and today. I have known Dr. Callahan since dearly. budgetary commitment is a disgrace she was a toddler and am proud to say f and an embarrassment. Our roads and that she is the dedicated senior pastor bridges are a mess. Transportation for of St. Paul’s Baptist Church in Phila- MORE MONEY FOR WAR? America says that we have 69,000 struc- delphia, Pennsylvania, its first female (Mr. KUCINICH asked and was given turally deficit bridges in this Nation. leader in 119 years. permission to address the House for 1 We have over 2,000 structurally defi- Dr. Callahan is a religion scholar who minute and to revise and extend his re- cient bridges in New York State, and received her bachelor of arts in religion marks.) we have 99 structurally deficient from Harvard University/Radcliff Col- Mr. KUCINICH. The same geniuses bridges in my home community of lege, a master of divinity from Union who involved the U.S. in a war against western New York. Every second of Theological Seminary in New York, Libya, who knocked off the pro-U.S. every day, seven cars carrying our fam- and doctor of philosophy in religion Libyan Government, who created in ilies drive on a bridge that is struc- from Princeton University. Benghazi an extremist shooting gallery turally deficient. A native of Gary, West Virginia, and which has claimed four American lives In the city of Buffalo, we are pre- resident of Philadelphia, Pennsylvania, including our Ambassador, who have paring to make a decision about the fu- Dr. Callahan has been publicly preach- not been held accountable or respon- ture of the elevated Skyway bridge, a ing since the age of 19. She is noted for sible for those events, who have opened roadway classified by transportation her dynamic preaching and teaching the door for radical fundamentalists to officials as being structurally defi- gifts and as a minister who plays a run roughshod over Libya, these same cient, fracture-critical, and function- major role in shaping the future of the experts are working out of the same ally obsolete. African American church. She is the playbook for Syria. Federal investments should help mother of 2-month-old Annabelle, or Assad was no angel, but he was not a communities make smart decisions and Bella. significant threat to the U.S. Appar- become more self-sufficient. Investing Reverend Callahan’s character is cap- ently, flush from success in Libya, the in smart infrastructure is not simply tured in her favorite scripture from administration is preparing to ratchet about tearing down our crumbling Psalm 27:4: up the war in Syria. bridges; it’s about rebuilding our Na- One thing I desired of the Lord, that I shall Why would Qatar, our partner in tion. seek; that I may dwell in the house of the Libya, be supplying surface-to-air mis- f Lord all the days of my life, to behold the siles to rebels in Syria without the sup- CONGRATULATING COLORADO beauty of the Lord and to seek God in God’s port of this administration? NATO— STATE BOARD OF EDUCATION temple. meaning the U.S.—discusses putting CHAIRMAN BOB SCHAFFER ON f missiles in Turkey, which would create HIS RETIREMENT ANNOUNCEMENT BY THE SPEAKER a de facto no-fly zone over northwest (Mr. GARDNER asked and was given PRO TEMPORE Syria, expanding the war. Is this why we need a tax increase? permission to address the House for 1 The SPEAKER pro tempore (Mr. More money for more war? Really? minute.) BASS of New Hampshire). The Chair f Mr. GARDNER. Today, I rise today will entertain up to 15 further requests to honor Colorado State Board of Edu- for 1-minute speeches on each side of CONGRATULATING RANDOLPH cation Chairman Bob Schaffer on his the aisle. HIGH SCHOOL CARDINALS recent retirement. f (Mr. REED asked and was given per- Chairman Schaffer proudly served mission to address the House for 1 the State of Colorado and our country MLR AND FRAUD minute.) in this Chamber, representing Colo- (Mr. PITTS asked and was given per- Mr. REED. Mr. Speaker, I rise today rado’s Fourth Congressional District. mission to address the House for 1 to congratulate the Randolph High Throughout his career in Congress and minute and to revise and extend his re- School Cardinals on their victory in on the State Board of Education, he marks.) the New York State Class D title game has dedicated himself to improving the Mr. PITTS. Yesterday, we had an En- on November 23, 2012, at the Carrier education of Colorado and this Nation’s ergy and Commerce Health Sub- Dome in Syracuse, New York. Led by youth. He’s a passionate advocate of committee hearing on how we can com- Head Coach Pat Slater and the game’s education policies that reach all stu- bat waste, fraud, and abuse in our Most Valuable Player, Cody Oldro, the dents in our Nation. health care system. We heard from pri- Cardinals won 28–7. It is with no small In addition to his work on the State vate sector representatives about some amount of pride that we recognize all board, Bob serves as the principal at of the innovative ways that they pre- of the players, cheerleaders, coaches, Liberty Commons in Fort Collins, Col- vent fraud before it happens. At the advisers, administrators, and, most im- orado. Liberty is a public charter same time, Medicare loses billions of portantly, the parents and the kids for school and is consistently ranked dollars annually because most fraud is their achievements and congratulate among the State’s top-performing only discovered after it has been per- them on their third State champion- schools. petrated. ship since 2005. Chairman Schaffer has been an advo- Now, under ObamaCare, we have a The 2012 New York State Class D cate for State and local control over new medical loss ratio rule, or MLR, title game was also Coach Slater’s education. He promotes the value that

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.014 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6515 all schools need to be competitive and forum—which we held in Vernon Hills, changed the lives of literally thousands accountable, including faculty and ad- Illinois—I’m proud of the work that’s of students who had the opportunity of ministration. being done to end this epidemic. We do being taught by such an outstanding While the challenges of education have much more work ahead of us, but educator. I have watched Mrs. Obray have been many over the past two dec- I’m confident that Sheriff Mark Curran for many years and can verify that she ades, Bob knows they are worthy of our and others will continue to champion is the epitome of what a good educator time and our best efforts. Through his this cause and provide valuable re- should be, and she will be sorely leadership, we have seen education in sources to our community. I look for- missed. So, Mrs. Obray, we want to Colorado improve for our kids; they ward to helping in any way possible. thank you for what you have done, for have a brighter future ahead and the f the impact you’ve had on students you tools to achieve success. have taught in the past, the ones you WORLD AIDS DAY And today, I recognize Bob Schaffer’s are teaching currently, and we have service in this Chamber and his service (Ms. CASTOR of Florida asked and pity for all those kids in the future to the people of Colorado. was given permission to address the who will never have that experience. House for 1 minute.) f f Ms. CASTOR of Florida. Mr. Speaker, b 1210 I rise today on World AIDS Day to HIV/AIDS CONGRATULATING SHALER NORTH highlight the remarkable progress that (Mr. MCDERMOTT asked and was HILLS LIBRARY has been made over the past 30 years in given permission to address the House the fight against HIV and AIDS. for 1 minute and to revise and extend (Mr. ALTMIRE asked and was given I commend local leaders from my his remarks.) permission to address the House for 1 Tampa Bay area district like the Rev- Mr. MCDERMOTT. Mr. Speaker, as minute.) erend Dr. James Favorite, who under- we celebrate World AIDS Day today, Mr. ALTMIRE. Mr. Speaker, recently stands the importance of speaking to we have reason to be proud of what I had the honor of attending a cere- his congregation about HIV and AIDS. we’ve done to fight HIV/AIDS. mony recognizing the Shaler North Reverend Favorite has urged more When I came to the Congress in 1989, Hills Library for receiving the National than 100 local churches and pastors AIDS was a death sentence; now, with Medal for Library and Museum Service. across the Tampa Bay area to put the right medicine, it’s a manageable This is the highest Federal honor any AIDS and HIV awareness at the heart chronic disease. And we’ve made real museum or library can earn. of their sermons. Reverend Favorite’s progress toward a vaccine. That hap- The Shaler North Hills Library impact has garnered national acclaim pened because the United States Con- serves over 50,000 families, providing from the National Black Leadership gress took action. It wasn’t magic. assistance for everything from job Commission on AIDS. People living with the disease fought searching to computer training. The li- I also commend the Test Tampa Bay to make it happen, and leaders in the brary also presents outstanding pro- campaign, which is an initiative de- Congress and the White House fought grams for all ages, including show- signed to intensify HIV education, to make it happen too. casing local gardeners, art exhibits, awareness, and prevention brought As we recognize World AIDS Day and a speaker series. Their interactive along by local health departments and today, we cannot get complacent. We science program, ‘‘Discovery Kids,’’ other health advocates. Test Tampa can create an AIDS-free generation—it won a Pennsylvania Library Associa- Bay aims to increase the number of is possible. But it will slip away if we tion Best Practices Award, recognizing Tampa Bay residents who know their let these essential programs get cut. the program as the best of the best for HIV status by encouraging HIV testing. Today, we should resolve to stay the early learning. The Shaler North Hills Finally, I would like to voice my course, to keep the pressure on, and Library truly sets the standard for all strong support for H.R. 6138, Ending win the fight, to honor all those who ages in library services. I congratulate the HIV/AIDS Epidemic Act, by Rep- died of AIDS and all those who are still them on this well-deserved honor. resentative BARBARA LEE and others, of fighting for AIDS today. This Capital f which I’m a proud sponsor. We must re- has an epidemic of AIDS. We need to main committed to ending the HIV/ DEDICATED LEADERSHIP OF deal with it. AIDS epidemic and improving the lives SHERIFF MARK CURRAN f of those infected with the disease. (Mr. DOLD asked and was given per- We are at a tipping point in the fight CONGRATULATING TEACH ELE- mission to address the House for 1 against AIDS, so let’s recommit to en- MENTARY SCHOOL IN SAN LUIS minute and to revise and extend his re- sure that America continues to lead OBISPO marks.) the way to achieve an AIDS-free gen- (Mrs. CAPPS asked and was given Mr. DOLD. Mr. Speaker, I rise today eration. permission to address the House for 1 to honor the work that Sheriff Mark f minute and to revise and extend her re- Curran and the Robert Crown Center marks.) are doing in Illinois’ 10th Congressional HONORING MARGARET OBRAY FOR Mrs. CAPPS. I rise today to con- District. DEDICATION TO EDUCATION gratulate Teach Elementary School in Heroin and prescription drug abuse Mr. BISHOP of Utah. Mr. Speaker, San Luis Obispo on becoming a Na- are on the rise in our local commu- schoolteachers are an overworked and tional Blue Ribbon School. nities. Families of all backgrounds are undercompensated group, but the good For 30 years, the Department of Edu- being affected by this epidemic in the ones are always appreciated for the cation has bestowed this coveted award Chicagoland region. As a result of the time and effort and commitment they for outstanding academic achievement, increase in heroin deaths and prescrip- make to kids. So I stand today to and I am delighted that one of our tion drug overdoses, Sheriff Mark honor one of the best examples of a local schools on the central coast of Curran and the Robert Crown Center dedicated teacher, Margaret Obray, California was awarded such a tremen- and other individuals in the commu- who was a government and history dous honor. nity have come together to raise teacher at Mountain Crest High School This distinguished recognition high- awareness of the dangers of these in Hyrum, Utah. Mrs. Obray has dedi- lights the hard work and dedication of drugs. cated the past three decades of her life the entire staff at Teach Elementary, Throughout the past 2 years I’ve had to encouraging her students, both in and I would specifically like to note the privilege of working with these and out of the school. She has worked the outstanding leadership of Principal leaders so that we can help educate our tirelessly to open their minds to guide Dan Block. communities and to help get help for them towards a productive and mean- For Teach Elementary to have such those who are struggling with addic- ingful life. remarkable results—particularly dur- tion. From roundtables to awareness Mrs. Obray has decided to retire at ing these tough budget times—is truly events and a recent community the end of this school year, having commendable. At a time when we must

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.016 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6516 CONGRESSIONAL RECORD — HOUSE November 29, 2012 invest in high-quality education in most vulnerable children and families. But while we have made tremendous order to strengthen our Nation’s eco- Yet they are the ones most likely to be progress, we must not lose sight of the nomic vitality, it is important that we targeted for budget savings. If we allow long road ahead. In my own district, recognize and replicate the successes of that to happen, we’ll condemn 16 mil- for example, in Alameda County, we schools such as Teach Elementary. lion children to living their lives on declared a state of emergency in 1998. Our students are our Nation’s great- the margins of our economy rather My phenomenal local activists and pro- est resource, and it’s our responsibility than providing them with the means viders have done a great job with mini- to provide them with high-quality necessary to escape the cycle of pov- mal resources to end the state of emer- schools that put them on a solid path erty as adults. gency; but like all communities, we towards success. A Nation such as ours cannot meet need more resources and not budget San Luis Obispo, California, is truly the challenges of the 21st century with- cuts. We have the tools we need. We fortunate to have a remarkable school out making the necessary investments just need the political will and invest- such as Teach Elementary. in our human and our physical infra- ments to make the end of AIDS the f structure and in cutting-edge basic re- legacy of our generation. search in health and technology. We OPPOSE ANTI-IMMIGRATION BILL f shouldn’t further diminish our future (Mrs. DAVIS of California asked and IN RECOGNITION OF WORLD AIDS in order to get ourselves through this DAY was given permission to address the artificially created budget crisis. House for 1 minute.) (Mr. PAYNE asked and was given f Mrs. DAVIS of California. Mr. Speak- permission to address the House for 1 er, I rise to oppose the anti-immigra- b 1220 minute.) Mr. PAYNE. Mr. Speaker, I join my tion bill brought before us today. WORLD AIDS DAY The supporters of this legislation colleagues today in recognizing World would have you believe that immigra- (Ms. SCHAKOWSKY asked and was AIDS Day. While great progress has tion is a zero sum game—that for every given permission to address the House been achieved nationally and globally, door you open for one person you have for 1 minute.) our fight against HIV/AIDS should only to close it on another. That’s what this Ms. SCHAKOWSKY. Today, World grow stronger. Globally, 6.8 million bill aims to do by increasing the num- AIDS Day, provides the opportunity to people are eligible for HIV treatment ber of visas for STEM graduates while celebrate the gains made in the preven- but don’t have access. In the U.S., ac- eliminating them from the Diversity tion and treatment of HIV/AIDS. cessibility of treatment has signifi- Visa Program. This troubling prece- People living with HIV can now expe- cantly increased, but the rate of new dent of creating visa offsets will fore- rience long and productive lives. Ad- HIV infections has only stabilized. close the promise of the American vancements in prevention have led to a So today, in recognition of World AIDS Day, I come first to remember Dream for countless immigrants. turning point—the possibility, as Sec- Our country remains the beacon of retary Clinton said—of an AIDS-free the lives of the affected in my district, the country, and the world but also to opportunity and freedom. For many, generation. reaffirm my commitment, on their be- the only path to getting here is However, cuts in funding to inter- half, to stand with those who have re- through the diversity program. People national and domestic programs could lentlessly forged progress, including like Yulia, who is a constituent of very well turn back the clock. We must my late predecessor and father, Donald mine, that lucky draw in the lottery take action now to avoid the looming M. Payne. was her best hope for coming to Amer- threat to more than 1 million Ameri- cans, including more than 4,000 in my Today, I stand with the Nation and ica from Kazakhstan. the world in international solidarity, It is irresponsible, Mr. Speaker, to own district in Illinois who are living with HIV/AIDS. They cannot afford the committed to the fight against HIV/ hold the much-needed—and I would say AIDS and ‘‘Getting to Zero.’’ we need it—STEM visa bill hostage $538 million in sequestration cuts that just to dismantle a program that has would affect our HIV/AIDS programs; f helped new Americans like Yulia. It’s 15,708 people cannot afford to lose ac- EQUAL RECOGNITION FOR DC AND bad policy, and I urge my colleagues to cess to crucial lifesaving drugs. So let’s THE TERRITORIES reject the bill. stop these cuts and move forward to- (Ms. NORTON asked and was given f wards an end to this epidemic. permission to address the House for 1 BUDGET CRISES f minute and to revise and extend her re- WORLD AIDS DAY 2012 marks.) (Mr. MORAN asked and was given Ms. NORTON. Mr. Speaker, I come to permission to address the House for 1 (Ms. LEE of California asked and was the floor to thank the House for recog- minute and to revise and extend his re- given permission to address the House nizing that all veterans and members marks.) for 1 minute.) of the military must be recognized Mr. MORAN. Mr. Speaker, the con- Ms. LEE of California. Mr. Speaker, equally, not only some of them; and I sequences of jumping off this so-called December 1 is World AIDS Day, al- have asked the Senate to do the same. ‘‘fiscal cliff’’ are serious but avoidable though every day is World AIDS Day Imagine you are a parent. You go to if the sacrifice is shared. My concern is for the millions battling this epidemic a military ceremony, for example, the that the domestic discretionary ac- on the front lines. It’s an important graduation from Navy boot camp. Ap- counts don’t seem to have a seat at the time, though, to reflect upon our loved plause comes with each graduate as his negotiating table. If you don’t have a ones lost, to celebrate the progress we or her name is called, and the flag of seat at the table, you’re far more like- are making, and to recommit ourselves the home State is raised. But your flag ly to be on the menu. to achieving an AIDS-free generation is not raised. Why? Because your son is Domestic discretionary funding is al- for all. from the District of Columbia or one of ready projected to fall to historically As this Congress comes to an end and the Territories. low levels at less than 3 percent of a new one begins in January, we have The House defense authorization bill GDP. This is less than what existed been given the extraordinary oppor- recognizes the injustice of the dis- during the Eisenhower administration tunity to leave an astonishing legacy. crimination against any of our vet- when our population was much smaller Our understanding of the spread of HIV erans or members of the military. The and much younger. These are the pro- has changed dramatically in recent Senate bill does not. We ask that the grams that are the most critical to the years. Armed with the National AIDS Senate follow the lead of the House. future of our country. They fund our Strategy, the Affordable Care Act, and In our country, no American—and es- roads and rails and ports, they support the ongoing progress of PEPFAR and pecially no veteran or member of the the most important scientific research the Global Fund, we are closer than military—is more equal than any in health and technology and are nec- ever to stamping HIV and AIDS off the other. If the military flies the flags, essary to educate, feed, and house our face of the Earth. then fly them all.

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.018 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6517 PROVIDING FOR CONSIDERATION even the Senate to come up with a bill that we need to keep American busi- OF H.R. 6429, STEM JOBS ACT OF that, hopefully, everybody could sup- nesses competitive in a globalized and 2012 port. increasingly technical age. In the proc- Mr. NUGENT. Mr. Speaker, by direc- Unfortunately, we’ve since been in- ess, we will eliminate a visa lottery tion of the Committee on Rules, I call formed that our colleagues on the system that’s rife with fraud and abuse up House Resolution 821 and ask for its other side of the aisle and in the other and the State Department stated contains significant threats to our na- immediate consideration. Chamber are looking to play politics tional security. The Clerk read the resolution, as fol- with the STEM Jobs Act. However, In the Rules Committee meeting last lows: that doesn’t change the fact that Chairman SMITH worked diligently to night, some opponents to H.R. 6429 said H. RES. 821 make sure this legislation was filled that fraud and security concerns are Resolved, That upon the adoption of this old problems and that they’ve been resolution it shall be in order to consider in with bipartisan ideas. The STEM Jobs Act would eliminate fixed. My colleagues were right in that the House the bill (H.R. 6429) to amend the these are old problems, but the State Immigration and Nationality Act to promote the flawed Diversity Lottery Green innovation, investment, and research in the Card program and reallocate up to Department inspector general report United States, to eliminate the diversity im- 55,000 green cards a year to new green published in 2003 listed the widespread migrant program, and for other purposes. All card programs for foreign graduates of abuse in the diversity lottery visa pro- points of order against consideration of the U.S. universities with advanced STEM gram. The inspector general pointed to bill are waived. An amendment in the nature degrees. identity fraud, forged documents, and of a substitute consisting of the text of Rules According to a study by the National national security threats. That’s their Committee Print 112-34, modified by the words. amendment printed in the report of the Com- Science Foundation and the National Center for Science and Engineering However, my colleagues were abso- mittee on Rules accompanying this resolu- lutely wrong to say that the problems Statistics, in 1990 about 91,000 full-time tion, shall be considered as adopted. The bill, have been fixed. In fact, just 2 months as amended, shall be considered as read. All foreign graduate students were study- ago, the GAO released a study dis- points of order against provisions in the bill, ing in STEM fields in the United cussing the ways the State Department as amended, are waived. The previous ques- States. That number had jumped to al- could reduce fraud in our immigration tion shall be considered as ordered on the most 149,000 by 2009. It was 149,000 in system, and it highlighted the diver- bill, as amended, and on any amendment 2009. However, the vast majority of thereto to final passage without intervening sity lottery program. Moreover, the these highly skilled, highly educated motion except: (1) 90 minutes of debate STEM Jobs Act does this without put- innovators are leaving the United equally divided and controlled by the chair ting American jobs at risk. and ranking minority member of the Com- States where they once received their This legislation includes provisions mittee on the Judiciary; and (2) one motion education. that would require the petitioning of to recommit with or without instructions. We’re training hundreds of thousands an employer to submit a job order to SEC. 2. It shall be in order at any time on of highly skilled engineers, techni- the legislative day of December 6, 2012, for the appropriate State workforce agen- cians, and scientists at American uni- cy. The job opening would then be post- the Speaker to entertain motions that the versities and then sending them back House suspend the rules as though under ed in the agency’s official Web site in clause 1 of rule XV. home to compete against us in other an effort to publicize available jobs for countries. The SPEAKER pro tempore. The gen- Americans. tleman from Florida is recognized for 1 b 1230 In addition to reforming the green card process for foreign students with hour. They aren’t moving to other coun- advanced STEM degrees, H.R. 6429 also Mr. NUGENT. Mr. Speaker, for the tries because they want to leave the includes provisions that would help re- purpose of debate only, I yield the cus- United States. They’re moving because unite families waiting on the immigra- tomary 30 minutes to the gentleman the immigration system forces them tion process. As it currently stands, from Colorado (Mr. POLIS), pending out. family green cards can take 6 or 7 which I yield myself such time as I Currently, we only select 5 percent of years to process and be approved. Dur- may consume. During consideration of our Nation’s legal immigrants based on ing these long years, families are sepa- this resolution, all time yielded is for skills and education they bring to the purpose of debate only. rated. A spouse or parent can be living America. So the vast majority of for- as a permanent resident in the United GENERAL LEAVE eign students who come to America for States while their loved ones wait back Mr. NUGENT. Mr. Speaker, I ask advanced degrees and get their edu- home hoping to be reunited somewhere unanimous consent that all Members cation find themselves on a years-long down the line. This pro-family legisla- have 5 legislative days to revise and ex- green card waiting list and give up on tion would help reduce the time these tend their remarks. the idea of staying here in the United families need to spend apart without The SPEAKER pro tempore. Is there States. speeding up or preempting the actual objection to the request of the gen- When they leave our country, they green card process. tleman from Florida? take with them all their training and Provisions contained within the There was no objection. all of their potential to go work for STEM Jobs Act would expand the V Mr. NUGENT. Mr. Speaker, I rise America’s business competitors in Can- nonimmigrant visa program to allow today in support of this rule, which ada, Europe, and Asia. The exodus of spouses and minor children of perma- will allow the House of Representatives U.S.-trained STEM professionals has nent U.S. residents to come to the to consider H.R. 6429, the STEM Jobs been referred to as reverse brain drain. United States to live with their loved Act of 2012. The STEM Act of 2012 would reverse ones once they have spent 1 year on the As I am sure my colleague from Colo- this trend. It would establish a pro- green card waiting list. The bill ex- rado will point out, H. Res. 821 is a gram to prioritize green cards for im- pressly states that these folks would closed rule. The fact is that like Mr. migrants with graduate-level degrees not be allowed to work, taking jobs POLIS, I prefer an open-amendment in the STEM fields. To offset the num- away from American citizens, nor process. Open rules let us come tober of green cards that would be given would they inherently be entitled to gether on both sides of the aisle and to the STEM Visa program, the bill any government welfare programs be- contribute ideas to help make a bill would eliminate the diversity lottery cause of the V visa in and of itself. better. green card program, a program that Similarly, the expanded V visa pro- Today’s rule will be closed, but that’s has been repeatedly highlighted as a gram won’t speed up or expedite the because the crafting of the STEM Jobs threat to our national security. green card process in any way. All it Act has been in a collaborative process The result is that there would be no does is this: It ensures that families for the last few months. Chairman net increase in the number of green don’t have to live separately and in un- SMITH, the author of this legislation, cards we give out as a Nation. The dif- certainty as to when they can be re- has already worked with his com- ference is that we will get immigrants united at an unknown time down the mittee, Republicans, Democrats, and who have the training and the skills line. It brings families back together.

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.020 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6518 CONGRESSIONAL RECORD — HOUSE November 29, 2012 The simple fact is that our current the Rules Committee a bill that I have who don’t happen to be from Mexico, immigration system is ineffective. We for the permanent reauthorization of India, China or the other main coun- educate the world’s best and brightest the EB–5 visa program, a program that tries have a way of getting here. It’s a and then send them away to be our is not very controversial and has good program. competitors. We only prioritize about 5 strong support from both sides but suf- So, too, having a STEM visa program percent of our visas based upon what fers from temporary reauthorizations. is absolutely critical as it is important they actually contribute to our econ- This is a critical program for creating to our country to make sure that we omy. We have a diversity lottery sys- jobs for Americans because it allows can retain the talent that we attract to tem that is subject to widespread abuse companies to attract capital from in- our universities. There is something and opens up our country to entry of vestors, and those investors are able to that is so frustrating to me as an hostile intelligence officers, criminals, be part of those companies and grow American and to many of our constitu- and terrorists. We separate spouses, those companies, creating jobs for ents, and I talk about it frequently parents, and minor children for un- Americans. back home with my representing both known years on end. This program could be much more of our major State universities in Colo- We can do better with the STEM successful if the Rules Committee yes- rado as well as private universities in Jobs Act. It is an important step to- terday had, on a party-line vote, not my district: wards doing better. It makes the Amer- allowed that amendment to come to Here we are educating people from ican green card process smarter, safer, the floor. I’m confident that that across the world, and if you look at our and more family oriented. It protects amendment would have passed with engineering grad schools, we see a high American jobs and workers while still near universal support, and certainly number of foreign nationals on student supporting the American innovation strong support from both sides. visas. We are educating computer pro- industry, which is why over 100 major Instead of trying to catch and move grammers and aerospace engineers companies and councils have supported forward on some of the less controver- with the skills they need to compete in H.R. 6429. sial aspects of immigration which in no a 21st-century workforce. Upon giving I support this rule, and I hope all my way, shape, or form, again, prevent the them their master’s degrees or Ph.D.s, colleagues on both sides of the aisle need for a comprehensive solution, but we tell them, do you know what, you’re will. instead of even moving forward on the not allowed to work here in this coun- With that, I reserve the balance of noncontroversial aspects, we have a try. You have to move back to another my time. bill before us that is controversial be- country and compete against us. Guess Mr. POLIS. Mr. Speaker, I thank the cause it weighs two important goals of what? The jobs follow them. In the dig- gentleman from Florida for yielding immigration against one another. So ital age, employers care less where an me the customary 30 minutes, and I rather than create a STEM Visa pro- employee is based. They care where the yield myself such time as I may con- gram as the IDEA Act does, as the talent is. If the best computer pro- sume. STAPLE Act, which I’m a cosponsor of grammer is only available for hire or if Mr. Speaker, I rise in opposition to with my colleague Congressman FLAKE an aerospace engineer is only available the rule for the underlying bill, H.R. from Arizona who has introduced it in for hire in India or in Mexico or in the 6429, the STEM Jobs Act of 2012. It is past sessions, rather than do that, it U.K., the companies will—and increas- important to talk about, in consider- asks the question of this body: Would ingly are—setting up divisions in those ation of this rule and this bill, what it we rather have a Diversity Visa con- countries to hire them rather than hir- is and what it isn’t. cept or would we rather have a STEM ing here. So the lack of having a STEM Here we are with a looming fiscal Visa concept? In reality, I think many job pathway is actively destroying cliff, and yet Congress has allowed no in this body would agree that both are American jobs every day. issue to fester longer than immigra- desirable. Here we are as a body being asked to tion. Whether one is on the left or the say under a closed rule, Is it more im- right or in the middle, I’m sure my col- b 1240 portant to have immigrants from coun- league from Florida would agree that Diversity Visas essentially go to im- tries other than Mexico, India, and whatever we’re doing now in immigra- migrants that are from countries other China? Is it more important to have tion is not working very well. We have than the main countries that send us some Ukrainians and Ethiopians and over 10 million people here illegally. immigrants. What are the main coun- Albanians? I use those examples be- There is rampant violation of the law. tries that send us immigrants? Obvi- cause those are some of the leading There is lackluster enforcement. Fami- ously, Mexico. In addition to that, countries that have used the Diversity lies are torn apart. there are China, Brazil, Bangladesh, Visa, but there are a broad number of What’s before us, regardless of the Pakistan, Peru, and several others. We countries that do. Is that something merits, which we’ll get into in a mo- have a lot of immigrants from Mexico that’s important? How does its impor- ment, clearly does not address the and these other countries. What the Di- tance compare to making sure that problems in our immigration system. versity Visa says is, shouldn’t we also those we train here are able to deploy Whether this bill becomes law or not, give opportunities to some residents of their talents here and create jobs in our immigration system will continue countries, like the Ukraine or Albania America rather than overseas? to have problems, and there will con- or Ethiopia, and have them also come Again, it’s a very frustrating propo- tinue to be over 10 million people here so that they’re not just crowded out by sition in the way the Republicans have in violation of the law, many working applicants from Mexico, India, and chosen to bring this to the floor: a, it illegally, in some cases taking jobs China? obviously doesn’t address the under- away from American citizens. If we don’t have a Diversity Visa, a lying issues of our immigration crisis So instead of a solution, we have a higher percentage of our immigrants in this country. It doesn’t change the bill before us that asks us to weigh two will be from Mexico, India, and China. fact that there are 10 million people goals of our immigration policy in Now, that’s okay—it’s certainly not here illegally, and it doesn’t prevent many ways against one another. There the end of the world—but there is value people from coming here illegally; b, it might very well be room for a non- in having immigrants from across the asks us to choose between two valuable controversial immigration bill that world. There is value in having Ukrain- programs. Rather than simply passing catches up and includes some of the ians come to this country. There is the Staples Act, rather than passing less controversial provisions, including value in having Ethiopians. In addi- the IDEA Act, it says that we’re going a STEM program, and there could very tion, there is value in people having di- to have to choose as a country to ben- well be room for that short of com- verse social backgrounds and ethnic efit either from STEM graduates or prehensive immigration reform. backgrounds coming to this country to from people from other countries other I support and am a cosponsor of the facilitate assimilation into this coun- than Mexico, India, and China. It’s a IDEA Act, which does that. I tried to try and integration into this country. false dilemma. amend into this bill and allow for the So I think that it was well thought out There were amendments that were consideration of this body yesterday in in having a concept whereby people offered by ZOE LOFGREN that would

VerDate Mar 15 2010 00:09 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.022 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6519 have addressed that which were turned As a former Internet entrepreneur ago, and amends it to deny V visa hold- down by the Rules Committee. Again, myself and in representing our univer- ers eligibility to work and cuts out of there were strong bipartisan concepts sities, I know firsthand about the crit- the program spouses and minor chil- like EB–5 permanent authorization ical need to pass a STEM visa program. dren already living in the U.S. This that I offered, put forward, that were Not only would it create more high- backhanded, so-called family fix should also shut down in committee. In addi- paying, high-tech jobs for Americans, offend anyone who truly cares about tion, at a time of budget deficits and but it would produce tax revenues. It families. the looming fiscal crisis, this bill would make our country stronger and But the family provisions are even would increase the budget deficit by our economy stronger. Yet rather than worse than that. Families of STEM over $1 billion over the next 5 years; take up the IDEA Act or the Staples visa holders are treated fairly, but the and that is unpaid for as well. Act, we’re here with a backdoor at- families of ‘‘ordinary’’ green card hold- There are many ways that immigra- tempt by the Republicans to increase ers are treated as second class. If you tion can be looked at to reduce our the number of illegal immigrants in are a STEM degree holder, your spouse budget deficit, and there are many con- our country, which I would argue is not and minor children can immediately cepts of comprehensive immigration the right direction for immigration re- come to the United States and your reform either through fees paid by form. Immigration reform should be spouse is granted a work permit. My those who violate the law, penalties predicated around solving the crisis of colleagues on the other side of the aisle paid. Increased taxes going forward for illegal immigration. Rather than in- know this. However, if you’re an ‘‘ordi- those who would have to pay taxes creasing the number of illegal immi- nary’’ green card holder who applies to under immigration reform would actu- grants from 10 million to 12 million to bring your spouse and children to the ally reduce our deficit; but here we are 14 million, we need to find a way to re- United States through our regular fam- with a solitary idea around immigra- duce that number to as close to zero as ily immigration channels, you will tion that forces all Members of this is feasible, and that should be the goal make your spouse and children wait at body to weigh two valuable programs of immigration reform. least a year before joining you in the against one another, and at the same With that, I reserve the balance of U.S., and we will not allow your spouse time it costs taxpayers over $1 billion my time. to work once he or she gets here. over the next 5 years. It’s a choice that Mr. NUGENT. I continue to reserve I agree that STEM holders should be Congress shouldn’t face. the balance of my time. able to bring their families—their chil- There are also very legitimate con- Mr. POLIS. It is my honor to yield 3 dren and their wives or their hus- cerns that, not only does this bill minutes to a leader on immigration bands—and that their spouses should weigh two valuable programs and asks issues, the gentleman from Illinois be able to work legally in the United us to choose, but, in effect, it’s a back- (Mr. GUTIERREZ). States. However, I resent that the door way to reduce the number of legal Mr. GUTIERREZ. I thank the gen- spouses and children of other family- immigrants. There should be no hesi- tleman from Colorado and distin- based immigrants are treated dif- tation in saying that, by reducing the guished member of the Rules Com- ferently and unfairly. Apparently Re- number of legal immigrants, we will mittee for yielding time to me. publicans’ devotion to family extends increase the number of illegal immi- Despite bipartisan support for a clean only to families where the principal grants. This bill will likely increase STEM visa bill, this is a partisan bill immigrant is smart enough to earn a the number of illegal immigrants to that picks winners and losers in our Ph.D. or master’s degree in a STEM this country because the math doesn’t immigration system and requires the field, and that is something that I re- work. elimination of the Diversity Visa pro- sent. And that is something that all Now, why doesn’t the math work? gram before a single STEM visa can be Americans should abhor. It goes The bill purports to offset 55,000 STEM issued. In other words, we want to pick against the immigration diversity that green cards by eliminating 55,000 green immigrants we like and then eliminate we have, as a Nation, created. cards in the Diversity program. Now, if immigrants we don’t like as though Mr. NUGENT. Mr. Speaker, I con- that were a one-on-one trade, that some are better than others. The inter- tinue to reserve. would be the same net number of immi- esting thing is that most of the Mem- Mr. POLIS. Mr. Speaker, I would like grants. The issue is, as to our institu- 1 bers of the House can look back into to yield 2 ⁄2 minutes to the gentleman tions of higher education that give their own personal histories and find from Michigan (Mr. CURSON), a new master’s degrees and Ph.D.s in the eli- their own family members and ances- Member of our body. gible areas to students on foreign visas, tors who come from the countries that Mr. CURSON of Michigan. Mr. Speak- there are not 55,000 foreign students are being eliminated. er, I rise today in opposition to H.R. who receive them every year. There 6429 because I have grave concerns with were, in fact, 29,904 last year, so about b 1250 the bill’s elimination of the Diversity 30,000. There is a backlog so that, after After the historic elections we’ve Visa program. The Diversity Visa pro- several years, the 55,000 would no just witnessed, it flies in the face of gram has given people from around the longer be able to be met; but then after our diverse American electorate to pre- world the opportunity to win the most 3 or 4 years and after the backlog was condition STEM visas on the elimi- precious lottery: the chance to come to met, this would likely lead to a reduc- nation of Diversity Visa immigrants, 50 the United States, to work hard, and to tion in legal immigration and to an in- percent of whom come from the con- earn the right to be an American. The crease in illegal immigration because tinent of Africa. Like STEM graduates, program increases our Nation’s ethnic only 29,000 foreign nationals are ma- they have much to contribute to the diversity and provides one of the few triculating with master’s and Ph.D.s in United States. legal pathways for immigration from the included areas; yet 55,000 visas We’ve seen this poison pill before— countries that are impoverished, per- would be removed from the program pitting immigrant against immigrant— secuted, or unfree. that allows Ukrainians, Ethiopians, when the House voted down H.R. 6429 I do support increasing STEM visas and people from countries that are not under suspension. But it gets worse. In- to foreign graduates. That will increase Mexico, India, China, and the other 12 serted in the new version of the bill is our pool of high-skilled workers that from coming to this country legally. an amendment to the V Visa program will promote new ideas, new tech- So I have very sincere concerns that, that the majority claims helps families nologies, and help our businesses stay rather than addressing the issue of ille- and makes the bill balanced and bipar- on the cutting edge of new things to gal immigration, this bill because of tisan. come. But we should not reward one the math and because of the numbers Let me be clear: this was not a provi- class of individuals and deny another that have been brought to my atten- sion negotiated with us on the Demo- class that’s not so blessed with the option could actually increase illegal im- cratic side. It was negotiated with portunity to prove themselves. migration by reducing legal immigra- anti-immigrant groups and extremists H.R. 6429 would actually reduce legal tion, which is the last thing that we in the Republican Party. immigration levels by not allowing the need to do with regard to solving in a H.R. 6429 takes the V visa, a bipar- rollover of unused visas. It’s dis- bipartisan way our immigration crisis. tisan visa created more than 10 years appointing that there’s no opportunity

VerDate Mar 15 2010 00:27 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.024 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6520 CONGRESSIONAL RECORD — HOUSE November 29, 2012 to craft sensible, bipartisan legislation bill was also made marginally better. I rection. The DREAM Act and the creation of a on an issue that so many Democrats think we have an opportunity here for STEM visa program should be low-hanging and Republicans agree on. us all to help break this logjam. Cre- fruit that almost everyone can embrace. H.R. 6412, the Democratic version, re- ating a STEM Visa program should be The deferred action announced by the ad- quires that employers offer wages to a no-brainer. ministration to give a sliver of hope to these STEM graduates that do not undercut This legislation is certainly not per- bright young people who study hard and play actual wages paid to U.S. workers with fect, and I agree, as I mentioned, with by the rules and who are good citizens was a similar levels of experience. I have wit- some of the reservations that have good step but should be followed by early ac- nessed over the last decade unscrupu- been advanced. Frankly, unless our ob- tion on the DREAM Act. I am proud this was lous employers who dramatically erod- jections are addressed, it will not pass passed by the previous Congress and I hope ed wages, not for competitive reasons, the Senate. We don’t support the phi- it will be the first order of business in the new but solely to transfer wealth from losophy that immigration needs to be Congress. These young people are the life- workers to executives. They were suc- zero sum. We need not eliminate the blood of America’s future and we should wel- cessful only because workers were hun- Diversity Visa program in order to add come them and do everything possible to en- gry for jobs and willing to work for this program. The Senate, as I said, sure their success. nearly any wage. The median house- will fix these provisions, if they take it I will vote for H.R. 6429, the STEM Jobs hold income dropped by $3,700 in that up at all. Frankly, I hope they do take Act, which creates a STEM visa program and time while executive pay skyrocketed, it up and they do fix it. This would be would give 55,000 green cards a year to doc- even as our economy tanked. By con- an important signal to the next Con- toral and master’s graduates in science, tech- trast, the bill we are debating today gress that we can and must move for- nology, engineering and mathematical fields. I does not include wage protections and ward on broader immigration reform, reluctantly voted against this in September be- does not adequately ensure that Amer- like the comprehensive immigration cause it was brought forward as a last minute ican workers are protected. reform, that Senator MCCAIN pre- suspension bill designed to fail and create un- Equally important is that H.R. 6412 viously supported with the late-Sen- necessary political divisions. This time, dealing preserves the Diversity Visa program, ator Kennedy. with this in regular order is encouraging. It ensuring equal opportunity to work in The SPEAKER pro tempore. The was also made marginally better. For exam- our great land. Democrats and Repub- time of the gentleman has expired. ple, the new version of the legislation de- licans alike have forwarded great wis- Mr. POLIS. I yield the gentleman an creases the wait time for certain spouses and dom towards this issue. Now is the additional 30 seconds. children who are planning to join their loved time to cooperate with one another and Mr. BLUMENAUER. America needs ones with permanent residency in the United craft a truly bipartisan approach to to unite families, to protect and give States. It also removed a concerning provision immigration reform that provides for justice to young people, strengthen that forced STEM visa applicants to commit to equality of opportunity for all those business from high tech to agriculture working in the United States for five years. who seek the benefit of U.S. citizen- and help us live up to our ideals as a While prospects in the Senate are still dim, the ship. Nation of immigrants. most important change has been the willing- Mr. NUGENT. Mr. Speaker, I con- A costly, inhumane, and broken immigration ness of my friends on the other side of the tinue to reserve the balance of my system is a shadow over the American land- aisle to take another look at immigration and time. scape. The current system denies the reality maybe dial down the political rhetoric. I was Mr. POLIS. It is my honor to yield of nearly 12 million immigrants, who for the personally willing to meet them halfway. 21⁄2 minutes to the gentleman from Or- most part are already part of the fabric of Creating a STEM visa program should be a egon (Mr. BLUMENAUER). American life. They work in American busi- no-brainer. It will make a huge difference in Mr. BLUMENAUER. Mr. Speaker, I ness and are often already integrated into ex- keeping the best and brightest from around appreciate the gentleman’s courtesy isting families. Strengthening and expanding the world in the United States. These students for yielding me this time, and I iden- legal immigration even helps grow our econ- come to our colleges and universities to re- tify with a number of the reservations omy. Conservative economists for the Cato In- ceive the best education available and it is in- that he mentioned about this legisla- stitute project that a comprehensive imigration sane to send them back home or to other tion. reform with a pathway to citizenship would countries if they want to stay here. It has been A costly, inhumane, and broken im- add $1.5 trillion to the U.S. economy over 10 said that we should staple a green card to migration system is a shadow over the years. Unfortunately, rational immigration pol- every diploma for an advanced degree. We American landscape. The current sys- icy has fallen victim to some of the most ex- should certainly do whatever is necessary for tem denies the reality of nearly 12 mil- treme political cross currents in our country appropriate verification to ensure national se- lion immigrants, who, for the most which not only deny our roots, but violate fun- curity, but the overwhelming majority should part, are already part of the fabric of damental fairness and reality. be welcome to reside, be productive, create American life. They work in American Recent immigration legislation is costly, inef- families, and support businesses right here. business and are often already inte- ficient, and cruel as it relates to families al- grated into existing families. ready here. Young people brought here as The legislation is certainly not perfect and A consequence of this recent election children who know no other life and are Amer- unless our objection is addressed will not pass may well be a new reality on the Amer- ican in every sense, but are still denied the the Senate. We need comprehensive immigra- ican political scene when it comes to American dream. tion overhaul, not a piecemeal approach. I immigration, a willingness to soften A consequence of the election may well be also do not support the philosophy that immi- hard-edged positions and move us in a a new reality on the American political scene gration needs to remain zero-sum: we should more thoughtful direction. We are al- when it comes to immigration and a willing- not need to eliminate the diversity visa in ready hearing some of these signals ness to soften hard-edged positions and move order to add this program. I am confident the from the Senate this week. In a small us in a more thoughtful direction. Senate will fix these provisions. way, the legislation before us today There have been shifts in public attitude This would be an important signal to the may provide an additional opportunity embracing comprehensive solutions for some next Congress that we can and must move to move forward. time, but in the political arena this is a more forward on broader immigration reform. Amer- I voted against its earlier incarna- recent phenomenon. It will take time to do this ica needs to unite families, to protect and give tion—reluctantly—because it was de- right, but a willingness by some on the other justice to young people, strengthen business signed to fail. While I will vote today side of the aisle to offer their own version of from high-tech to agriculture, and help us live against the rule, tomorrow I will be the DREAM Act in the Senate, for example, is up to our ideals as a Nation of immigrants. voting for the legislation which would reason for optimism. Mr. POLIS. I would like to inquire if create the STEM Visa program and While I strongly support a comprehensive the gentleman from Florida has any re- give 55,000 green cards a year to doc- solution that provides a path to citizenship for maining speakers he’s expecting. toral and masters graduates in the people who are willing to play by the rules, Mr. NUGENT. I do not. science, technology, engineering, and work hard, pay their taxes, and demonstrate Mr. POLIS. Mr. Speaker, seeing as I mathematical fields. Dealing with this citizenship skills, there are two intermediate am the last speaker from my side, I in regular order is encouraging. The steps that should get us moving in the right di- yield myself the balance of my time.

VerDate Mar 15 2010 00:27 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.026 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6521 As articulated by the gentleman PLE Act, which would simply create a Congress to solve a broken immigra- from Oregon, this bill presents a dif- new STEM immigrant visa program. tion system, I’m certainly not holding ficult decision for Members of this My other concern with this bill, as I my breath. body, and I certainly have great re- mentioned, is that it would increase The zero-sum bill on the floor asks us spect for people on both sides of the the number of illegal immigrants here to weigh one class of immigrants at the issue. in this country. Simply by the way expense of another, in effect, trying to that the math works, the number of play politics and avoid solving our im- b 1300 STEM graduates is lower than the migration crisis. I want to go over, again, some of the number of STEM visas that are avail- I think it’s time for a transparent pros and cons. The program that allows able each year. and open debate. It’s time for com- Ukrainians, Ethiopians, and Albanians Now, it would be one thing if that promise. It’s time to work in a bipar- to come in to make sure that a dis- was allowed to trickle down to other tisan fashion to actually replace our proportionate number of our immi- categories, or, for instance, the over- broken immigration system with one grants are not just from a small num- flow was allowed to be used for diver- that works for our country, one that ber of countries is important. Absent sity visas. There might be room for strengthens our economy, one that cre- that, a higher percentage of our immi- compromise. But instead, those excess ates jobs for Americans, one that grants will be from Mexico, India, and visas disappear. So after the backlog of makes our Nation’s immigration sys- China. So again, if this bill passes, a three or 4 years is dealt with, these tem more humane and makes it work- higher percentage of our immigrants 55,000 visas that are being taken away able and enforceable. will be from the major countries that from Albania and the Ukraine and This bill, for all its merits, for all its send people here. Ethiopia and Africa and Asia, the back problems, I think, we, both proponents Now, it’s not the end of the world, of those 55,000 visas will only result in and opponents can agree it falls short but there’s added value in having peo- 20,000 or so net immigrants. on that account of fixing our broken ple from all corners of the world come Now 29,000 graduates graduating from immigration system and replacing it here to become part of our great coun- institutions of higher education. Now, with one that works. It has no addi- try and, in many cases, this is the only keep in mind, not everybody wants to tional enforcement provisions, no bor- way that people from Nepal or Albania stay here. As attractive as our country der security provisions. It provides no or Ethiopia have a shot at coming to is, some people do want to learn here requirement for people who are here il- this country and succeeding. and go back to their other countries, legally to get right with the law. We also need people in this country and that’s certainly fine as well. But Rather, it does create an excellent across all different skill levels in our many will want to stay here. program to keep high-tech graduates labor market. And whether that labor But in losing some of those visas, here. It destroys another valuable pro- includes toiling in the field or toiling again, we are only increasing the im- gram to keep people from countries in downtown buildings at night or pro- migration problem, the illegal immi- other than Mexico and India and China gramming computers or designing air- gration problem, and moving in the op- and the UK here. It likely will increase craft, we have needs across all sectors posite direction of addressing immigra- illegal immigration by 10 or 20,000 a of our economy—yes, in STEM, but not tion in this country. There is little to year, and provides no solution. just in STEM. be proud of with regard to the current So a difficult decision for all Mem- So we are asked to choose, asked to state of affairs in immigration. bers of this body. And I’d like to think choose between people with graduate It’s very different than when my that Members on both sides, hopefully, degrees whom we want to keep here in great-grandparents came here and got would agree that we can do better. We science, technology, engineering, and off at Ellis Island and registered and, need to do better. We’ve been called math. In many cases, if they’re not al- albeit with a misspelled name, were upon by the voters of this country to lowed to stay, they will have to return able to go to work the next day. It’s be- do better. to other countries, and the jobs will coming harder and harder. And I encourage, whether it’s in this follow them, costing our country jobs. The absence of a legal way of immi- Congress or the next Congress, to take Choose between them and allowing grating that is in touch with our labor up the difficult but critical issue of re- people here from countries other than market in this country, the lack of placing our broken immigration sys- Mexico, India, and China, some of having an operative immigration system with one that works for our coun- whom are high-skilled, some of whom tem has led to over 10 million people try, creates prosperity for America, are low-skilled, a diverse group across being here illegally, working illegally, helps reduce our budget deficit, is hu- the board. Looking back at many of as my colleague from Oregon said, in mane, is enforceable. No one said it our own forebears, certainly mine, my many cases, integrated into our com- would be easy, but that’s what the peo- family came to this country in the late munities. Many of them have American ple send us here to do. 19th century, and early 20th century, children, are parents of American kids, And regardless of the outcome of this 1890s, 1905. They didn’t have master’s and yet, without any way, currently, of particular bill, we are simply taking degrees. They didn’t have Ph.D.s. They getting right with the law. another week in avoiding addressing didn’t have college degrees. And that’s What we need to do in immigration the real issues of the immigration cri- the case for many of our forebears. reform is require that people who are sis in this country. Here today their great-grandson sits here illegally get right with the law, I encourage my colleagues to vote as a Member of Congress, and had a rather than prevent them from getting against the rule, which was a closed program not existed whereby they right with the law, which is what we do process and doesn’t allow for consider- could arrive at Ellis Island and be here, currently. ation of even noncontroversial amend- I wouldn’t be here today. So, again, while STEM immigration ments such as my EB–5 amendment. Now, my father has a Ph.D., but is very important, my colleagues are I yield back the balance of my time. that’s the legacy of his hard-working being asked, in a closed process, to Mr. NUGENT. Mr. Speaker, I yield immigrant grandparents that came to weigh that with the issue of immi- myself such time as I may consume this country without a college degree grants from countries like the Ukraine To my good friend from Colorado, we and, in many cases, without something and Albania. At the same time, again, agree on so many issues, particularly that’s the equivalent of even a high this bill will increase the number of il- as it relates to immigration reform. We school degree today. To work hard, to legal immigrants in this country. Per- agree. I think this is the first step in live the American Dream, and for their haps increasing the number of illegal regards to where we need to go. You descendents, to be able to serve in this immigrants will redouble the efforts of have sold a very persuasive argument august body. this Congress to address this issue. in regards to why it is so important, so So it’s a cause for reflection. Both But, given the enormous dimension important, that we have a STEM visa are important. And again, the closed of the problem already and the com- program; why it’s important to us to process of the bill doesn’t allow for a plete lack of consideration of any keep that brain power that we edu- discussion of the IDEA Act or the STA- meaningful immigration bill by this cated in the United States, keep them

VerDate Mar 15 2010 00:27 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.027 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6522 CONGRESSIONAL RECORD — HOUSE November 29, 2012 here in this country to support our has the option to bring it up, debate it, come law. The President has already businesses and our manufacturing so vote on it, amend it, and send it back kind of said he wouldn’t sign it. I don’t we can be more competitive on a global to the House. Do your job. I agree that know how you can have it both ways, market. You have made my case on that’s what they should do. At least Mr. Speaker. When we talk about that argument. have the discussion. When the Senate STEM, those individuals who have I’ll agree with you that this immi- comes out and says, We’re going to ig- come to our universities and graduate gration system that we have is broken. nore it, we’re not going to do anything with a degree in those STEM sciences, I wasn’t here 2 years ago or 4 years ago with it, that’s a disservice to the how we can just ignore them and say, when the Democrats were in power in American public, it’s a disservice to Listen, this is good for America. both the House and the Senate and the those that create jobs, and those Amer- Instead of making this a Republican Presidency, and they moved nothing icans that need jobs. or Democratic idea, why don’t we just forward that we’re talking about You talk about a zero sum game. pass it because it’s the right idea? today. This is not a way to reduce immigra- Let’s do something for once that’s good tion. I don’t know where my good b 1310 for America. Let’s do something once friend got the numbers about how this that’s good for those green card holders It’s disappointing when you have all is going to increase the number of ille- that are currently here in the United the levels of government and you don’t gal immigrants to this country. I’ve States, bringing their families together accomplish anything as it relates to never heard that before. I’ve never seen so they can become productive in what- this. And now we want to turn it anything in writing as relates to that. ever sense their family decides. around and say that this is a flawed I’m not saying it’s not true, but I don’t Wouldn’t we want to do that? I would bill. At the end of the day, this meets know that. I think it just sounds like a want to do that. I want to see families the needs of our corporations of cre- good number. What we don’t want to do reunited, not split apart, not kept be- ating more jobs here in America, about is scare people to be opposed to some- cause of some arcane rule that’s going putting more people to work, and it thing that is good for America. to take them 6 or 7 years, maybe, to We made an investment as a Nation also rectifies an issue on the V-Visa get a green card so they can bring their in these foreign students when they program in regards to instead of having family here in the United States, where came here, when we allowed them here families split because someone has a this would allow them to come 1 year in the STEM fields. Why let that in- legitimate green card as a resident after being on the waiting list, they get vestment leave? Why would we ignore here, that he has to be split or she has the opportunity to come here and be that investment and say, you know to be split from their family. The reunited with their family. what? we don’t care, when it has a di- mother of their children or their chil- For all that we hear about Demo- rect negative impact on this country— dren are kept from coming in the crats are always for families, this time not on any other country—on this United States. Because today, the way I guess they’re not. This time I guess country it has a direct negative im- the program is, they are kept from because they’re from some other coun- pact. It’s just common sense. And I coming to the United States. So they try, maybe they’re just not that impor- don’t have an opportunity to get a job, guess that’s the problem. Sometimes common sense and Washington, D.C., tant. They are to me. I think it’s im- anyhow. portant. Here’s once where the Repub- But what this does do is it rectifies a are vast worlds apart. While looking at this, it’s just a licans are stepping forward on an im- problem that allows parents to be re- migration issue that’s good for Amer- united with their children. I don’t small, commonsense reform to our immigration policy. But what it does do ica, it’s good for the people that are know, but that’s important to me as a currently here on green cards legally. father of three. I would much rather is addresses a dangerous Diversity Visa problem. Even the former Deputy As- It allows them to reinvest. How can have had my family here if I was a resi- this be bad for America? Is it because dent alien here. I would rather have my sistant Secretary of State for Visa Services testified in front of the Judi- it’s a Republican idea? Is that the rea- family here so I could reach out and ciary Committee that visa lottery son why this is a bad piece of politics? touch them and help encourage them fraud includes multiple entries, fraudu- I would hope not. I would hope that my and move them forward in the Amer- lent claims to education and work ex- colleagues across the aisle will be like ican principles—that’s what I would perience, pop-up spouses or family Mr. BLUMENAUER from Oregon and look want to do—versus trying to talk members, and false claims of employ- at the real merits of it. across great distances to try to bring a ment or financial support in the United While not perfect in any sense of the family together. That’s no way to raise States. His words, not mine. word, as is any legislation that comes a family. But they do it because they For example, one third-party agent out of this place, at least it’s a move have to. This rectifies that problem. in Bangladesh entered every single and a step in the right direction. And While it doesn’t allow them to go out name from a phone book in Bangladesh let the Senate do their job. Let the and get a job, it does bring the family into the lottery system in order to ex- Senate bring it up. Let the Senate vote unit back together again. I know, Mr. tort money. If your name got pulled he on it and amend it and send it back to POLIS, you have a son. You would rath- would go to you and extort money so the House. Let the Senate for once do er have your son with you than a thou- you can come to the United States. Or, their job. And then, Mr. President, you sand miles away, as I would. guess what? Sell that winning slot to can make a decision whether you’re So this is a step in the right direc- someone else. going to veto it or not. But let’s quit tion. This is moving us forward, not That’s not what the whole program playing politics with immigration. moving us backwards. This is actually was designed for. I would suggest to Mr. Speaker, I do want to thank my taking an approach that should have you that students that are coming good friend from Colorado because we been taken 4 years ago, and the Demo- from foreign countries come across- agree on so many issues as it relates to crats punted it down the field. In Sep- the-board. We have them from China, this. We just don’t agree on everything. tember, we voted on this initial STEM we have them from the Ukraine, as you Mr. Speaker, I yield back the balance bill and we had 30 Democrats across like to keep pointing out, and from all of my time, and I move the previous the aisle vote with us. We didn’t meet over the world to come to our univer- question on the resolution. the threshold of two-thirds because it sities, particularly for those STEM de- The previous question was ordered. was under suspension. grees, advanced degrees. So I would Ms. JACKSON LEE of Texas. Mr. Speaker, I truly believe that this bill has the suggest to you that you’re going to I rise today to oppose H. Res. 821, the Rule ability to cut across the aisle. And we continue that diversity by getting peo- providing for the consideration of H.R. 6429 heard our good friend from Oregon talk ple that have gone to the max that are ‘‘STEM Jobs Act,’’ a bill which eliminates the about it—for the right reasons. Just be- going to be so productive here in Amer- Diversity Visa Program. cause it’s not perfect doesn’t mean we ica to help us. It’s not a sum game. It’s Nearly 15 million people, representing about should just throw it in the scrap heap. just a rational game. 20 million with family members included, reg- And I agree that we can pass this bill I really wish that I knew that if we istered late last year for the 2012 Diversity and send it to the Senate. The Senate passed this today, that it would be- Visa Program under which only 50,000 visa

VerDate Mar 15 2010 01:00 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K29NO7.029 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6523 winners were to be selected via random selec- Diversity Visa recipients go through the Denham Kelly Reed Dent King (IA) Rehberg tion process. same immigration, criminal, and national secu- DesJarlais King (NY) Reichert Each year, diversity visa winners make up rity background checks that all people apply- Diaz-Balart Kingston Renacci about 4% of all Legal Permanent Resident ing for Lawful Permanent Residence undergo. Dold Kinzinger (IL) Ribble (LPR) admissions. They also are interviewed by State Depart- Donnelly (IN) Kissell Rigell Dreier Kline Rivera SEEDS OF DIVERSITY ment and Department of Homeland Security Duffy Labrador Roby Unlike every other visa program, its express personnel. Duncan (SC) Lamborn Roe (TN) Duncan (TN) Lance purpose is to help us develop a racially, eth- FRAUD Rogers (AL) nically, and culturally-diverse population. It Ellmers Landry Rogers (KY) Since the State Department OIG first raised Emerson Lankford serves a unique purpose and it works. In re- Rogers (MI) concerns about fraud in 1993, significant Farenthold Latham Rohrabacher cent years, African immigrants have com- Fincher LaTourette Rokita changes have been made. In 2004, State im- Fitzpatrick Latta prised about 50% of the DV program’s bene- plemented an electronic registration system. Rooney Flake Lewis (CA) Ros-Lehtinen ficiaries. This allows State to use facial and name rec- Fleischmann LoBiondo Diversity Visa immigrants succeed and con- Roskam ognition software to identify duplicate applica- Fleming Long Ross (AR) tribute to the U.S. economy. According to the Flores Lucas tions and to share date with intelligence and Ross (FL) Congressional Research Service, in FY 2009 Forbes Luetkemeyer Royce law enforcement agencies for necessary immi- Fortenberry Lummis Diversity Visa immigrants were 2.5 times more Runyan gration and security checks. Foxx Lungren, Daniel Ryan (WI) likely to report managerial and professional Franks (AZ) E. Scalise In 2012 there was an incident where 20,000 Frelinghuysen Mack occupations than all other lawful permanent Schilling people were erroneously notified that they Gardner Marchant Schock residents. Garrett Marino were finalists in the Diversity program. They Schweikert The Diversity Visa program promotes re- Gerlach Massie would have the opportunity to enter the lottery. Scott (SC) spect for U.S. immigration laws. It reduces in- Gibbs Matheson Scott, Austin The OIG investigated and found this was due Gibson McCarthy (CA) centives for illegal immigration by encouraging Sensenbrenner to a computer error. There was no evidence of Gingrey (GA) McCaul Sessions prospective immigrants to wait until they win a Gohmert McClintock intentional fraud, as a safety precaution and Shimkus visa, as opposed to attempting to enter with- Goodlatte McHenry Shuler because of the principle of fairness the State Gosar McIntyre out permission. Shuster Department did the lottery again. Gowdy McKeon U.S. FOREIGN POLICY INTERESTS Granger McKinley Simpson The Diversity Visa sustains the American The Diversity Visa program has led the way Smith (NE) in applying cutting edge technology to reduce Graves (GA) McMorris Dream in parts of the world where it rep- Graves (MO) Rodgers Smith (NJ) Smith (TX) resents the only realistic opportunity for immi- fraud and increase security. The program was Griffin (AR) Meehan one of the first in the government to use facial Griffith (VA) Mica Southerland grating to the U.S. Stearns recognition software to analyze digital photo- Grimm Miller (FL) Former Rep. Bruce Morrison—one of the ar- Guinta Miller (MI) Stivers chitects of the Diversity Visa—testified in 2005 graphs. Guthrie Miller, Gary Stutzman Terry that the program advances a principle that is I join the vast majority of my Democratic Hall Moran colleagues in supporting an expansion of the Hanna Mulvaney Thompson (PA) ‘‘at the heart of the definition of America’’; the Harper Murphy (PA) Thornberry principle that ‘‘all nationalities are welcome.’’ STEM program. H.R. 6429 attempt to increase Harris Myrick Tiberi Ambassador Johnny Young, Executive Di- the STEM Visa program is an admirable one; Hartzler Neugebauer Tipton rector of Migration and Refugee Services, U.S. however, I firmly believe it should not come at Hastings (WA) Noem Turner (NY) the expense of the Diversity Immigration Visa Hayworth Nugent Upton Conference of Catholic Bishops, testified at a Heck Nunes Walberg 2011 Judiciary Committee hearing: ‘‘The Pro- Program and should include a broader range Hensarling Nunnelee Walden gram engenders hope abroad for those that of institutions. Herger Olson Walsh (IL) Webster I firmly support Rep. LOFGREN’s bill, H.R. Herrera Beutler Palazzo are all too often without it—hope for a better Huelskamp Paul West life, hope for reunification with family in the 6412 which is a clean STEM Visa bill and cre- Huizenga (MI) Paulsen Westmoreland United States, and hope for a chance to use ates a visa program for students graduating Hultgren Pearce Whitfield their God-given skills and talents.’’ with advanced STEM degrees from U.S. re- Hunter Peterson Wilson (SC) search universities, without eliminating the Di- Hurt Petri Wittman AMENDMENTS OFFERED IN JUDICIARY AND RULES Issa Pitts Wolf During the Judiciary Committee’s markup of versity Visa Program. Jenkins Platts Womack a bill earlier this year to kill the Diversity Visa Frankly, it appears there are Republicans Johnson (IL) Poe (TX) Woodall who have been needlessly targeting this pro- Johnson (OH) Pompeo Yoder program, I offered an amendment directing the Johnson, Sam Posey Young (AK) Secretaries of Homeland Security and State to gram, as a means to decrease legal immigra- Jones Price (GA) Young (FL) report to Congress on steps that could be tion. Jordan Quayle Young (IN) taken to further eliminate fraud and security The SPEAKER pro tempore. The risks in the Diversity Visa program. Rather question is on the resolution. NAYS—170 than vote to fix the program and defend legal The question was taken; and the Altmire Connolly (VA) Grijalva Speaker pro tempore announced that Andrews Conyers Gutierrez immigration and diversity in our immigrant Baca Cooper Hahn pool, every Republican on the Committee who the ayes appeared to have it. Baldwin Costa Hanabusa was present voted down the amendment. Mr. POLIS. Mr. Speaker, on that I Barrow Courtney Hastings (FL) Once again I offered 2 amendments in demand the yeas and nays. Bass (CA) Critz Heinrich Becerra Crowley Higgins Rules Committee to protect the Diversity Visa The yeas and nays were ordered. Berkley Cuellar Himes Program, and once again the Republican ma- The vote was taken by electronic de- Berman Cummings Hinchey jority on the Committee voted against it. vice, and there were—yeas 243, nays Bishop (GA) Curson (MI) Hinojosa Bishop (NY) Davis (CA) Hirono NO SIGNIFCANT EVIDENCE OF A SECURITY RISK 170, not voting 19, as follows: Blumenauer Davis (IL) Hochul No substantive evidence has been given [Roll No. 611] Bonamici DeFazio Holden that the Diversity Program poses a significant Brady (PA) DeGette Holt YEAS—243 Braley (IA) DeLauro Honda risk to our national security. There are organi- Adams Bishop (UT) Camp Brown (FL) DelBene Hoyer zations like Numbers USA who are not just Aderholt Black Campbell Butterfield Deutch Israel advocating against illegal immigration but also Akin Blackburn Canseco Capps Dicks Jackson Lee wish to place caps on or decrease legal immi- Alexander Bonner Cantor Capuano Dingell (TX) Amash Bono Mack Capito Carnahan Doggett Johnson (GA) gration as well. Amodei Boren Carter Carney Doyle Johnson, E. B. As former Congressman Bruce Morrison Bachmann Boswell Cassidy Carson (IN) Edwards Kaptur testified in 2005: ‘‘[I]t is absurd to think that a Bachus Boustany Chabot Castor (FL) Ellison Keating lottery would be the vehicle of choice for ter- Barletta Brady (TX) Chaffetz Chandler Engel Kildee Bartlett Brooks Coble Chu Eshoo Kind rorists.’’ 12 to 20 million people enter the Di- Barton (TX) Broun (GA) Coffman (CO) Cicilline Farr Kucinich versity Visa lottery each year and no more Bass (NH) Buchanan Cole Clarke (MI) Fattah Langevin than 50,000 visas are available. Benishek Bucshon Conaway Clarke (NY) Fudge Larsen (WA) In 2007, GAO ‘‘found no documented evi- Berg Buerkle Cravaack Clay Garamendi Larson (CT) Biggert Burgess Crawford Cleaver Gonzalez Levin dence that DV immigrants . . . posed a ter- Bilbray Burton (IN) Crenshaw Clyburn Green, Al Lewis (GA) rorist or other threat.’’ Bilirakis Calvert Culberson Cohen Green, Gene Lipinski

VerDate Mar 15 2010 00:27 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A29NO7.008 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6524 CONGRESSIONAL RECORD — HOUSE November 29, 2012 Loebsack Perlmutter Sewell Iran’s mullahs shipped long-range that most Americans have come to now Lofgren, Zoe Peters Sherman rockets into Sudan, sent them up into understand as the acronym for science, Lowey Pingree (ME) Sires Luja´ n Polis Slaughter Egypt before smuggling them through technology, engineering, and math. Lynch Price (NC) Smith (WA) tunnels and assembling them in Gaza. As a longstanding member on the Maloney Quigley Speier Israel responded by doing the only Subcommittee on Immigration and on Markey Rahall Sutton thing a responsible nation should do: it Homeland Security, STEM is now a Matsui Rangel Thompson (CA) McCarthy (NY) Reyes Thompson (MS) defended itself. Now the United States basis for expanding visas to ensure or McCollum Richardson Tierney needs to show there are consequences to give opportunities to young people McDermott Richmond Tonko McGovern Rothman (NJ) for attacking this sovereign nation, who are graduating from our research Tsongas McNerney Ruppersberger consequences for Hamas and Iran, as institutions of higher learning who Van Hollen Meeks Rush Vela´ zquez well. have been born in other countries and Michaud Ryan (OH) We should have stricter enforcement to give them the ability to be able to Miller (NC) Sa´ nchez, Linda Visclosky Miller, George T. Walz (MN) of sanctions against Iran. Iran and stay here in order to help create jobs Moore Sanchez, Loretta Wasserman Hamas both need to be held account- and to build this economy. That’s a Nadler Sarbanes Schultz able for these attacks. Israel had the good thing. Yet on November 6, 2012, I Napolitano Schakowsky Waters Neal Schiff Watt moral right and legal duty to defend think America spoke and said, We’re Olver Schrader Waxman itself from attacks by the barbarians, ready to do more and go further. Pallone Schwartz Welch Hamas. There is a ceasefire, but only I voted ‘‘no’’ on the rule because I be- Pascrell Scott (VA) Wilson (FL) until Hamas obtains more Iranian mis- lieve we are ready for comprehensive Pastor (AZ) Scott, David Woolsey Pelosi Serrano Yarmuth siles. immigration reform, not something Hamas is the puppet, and Iran is the that will hurt us, but something that NOT VOTING—19 puppeteer. The Iranian regime needs to will help us. For those who appreciated Ackerman Lee (CA) Schmidt go. The Iranian people need to rid the Statue of Liberty that welcomed Austria Manzullo Stark Barber Murphy (CT) Sullivan themselves of the little fellow from the the poor and the downtrodden, that Costello Owens Towns desert, Ahmadinejad, and his ways of welcomed the Irish and the Germans Filner Payne Turner (OH) war. and the Italians, we know that com- Frank (MA) Pence Gallegly Roybal-Allard And that’s just the way it is. prehensive immigration reform is the f right way. This rule, H. Res. 821, is not b 1342 the right way. So I ask my colleagues Messrs. HONDA, ELLISON, CARNEY, b 1350 to look to comprehensive immigration CLEAVER, and Ms. LINDA T. NATIONAL FAMILY CAREGIVERS reform, and I will speak about this bill ´ SANCHEZ of California changed their MONTH tomorrow. vote from ‘‘yea’’ to ‘‘nay.’’ f So the resolution was agreed to. (Mr. PAULSEN asked and was given The result of the vote was announced permission to address the House for 1 UPHOLDING THE SECOND AMEND- as above recorded. minute and to revise and extend his re- MENT RIGHT TO BEAR ARMS A motion to reconsider was laid on marks.) (Mr. JOHNSON of Illinois asked and the table. Mr. PAULSEN. Mr. Speaker, I rise was given permission to address the Stated against: today to recognize the more than 65 House for 1 minute.) Mr. FILNER. Mr. Speaker, on rollcall 611, I million family caregivers across the Mr. JOHNSON of Illinois. Twelve was away from the Capitol due to prior com- Nation who work tirelessly and self- years ago, I took an oath to defend the mitments to my constituents. Had I been lessly to care for loved ones who are Constitution of the United States. I am present, I would have voted ‘‘nay.’’ chronically ill, disabled or aging. So here today to urge my colleagues to f this month, we celebrate National uphold our Second Amendment right to Family Caregivers Month, which is a ELECTING MEMBERS TO CERTAIN bear arms. time to thank all those heroes who sac- Congress has to put aside partisan STANDING COMMITTEES OF THE rifice their time and effort in looking HOUSE OF REPRESENTATIVES differences and act to uphold a citizen’s after others. right to bear arms in every State in Mr. LARSON of Connecticut. Mr. It is estimated that family caregivers the Union. Unfortunately, in my home Speaker, by direction of the Demo- provide 80 percent of our Nation’s long- State, residents are denied the ability cratic Caucus, I offer a privileged reso- term care, saving families about $375 to carry firearms even though the resi- lution and ask for its immediate con- billion annually. Caregivers are the si- dents of every other State in the Union sideration. lent heroes of the family. They work are allowed to protect themselves and The Clerk read the resolution, as fol- day in and day out to ensure that those their property. The Second Amend- lows: in need of care receive that support. ment is clear and concise, and it was H. RES. 822 Taking care of sick family members is, meant to protect all residents no mat- Resolved, That the following named Mem- no doubt, a difficult job; and I encour- ter where they live. bers be and are hereby elected to the fol- age caregivers to continue to utilize I urge Congress and the States to up- lowing standing committees of the House of the resources they have in their com- hold this fundamental and basic right. Representatives: munities for support. (1) COMMITTEE ON AGRICULTURE.—Mr. f I would like to acknowledge the hard Garamendi. THANK YOU, NOT GOODBYE (2) COMMITTEE ON SCIENCE, SPACE, AND work of the family caregivers in Min- TECHNOLOGY.—Mr. Curson. nesota and of those helping families in The SPEAKER pro tempore (Mr. POE The resolution was agreed to. America. Your work to support your of Texas). Under the Speaker’s an- A motion to reconsider was laid on families exemplifies the true meaning nounced policy of January 5, 2011, the the table. of putting someone else’s needs first. gentlewoman from Illinois (Mrs. f f BIGGERT) is recognized for 60 minutes as the designee of the majority leader. HAMAS IS THE PUPPET AND IRAN COMPREHENSIVE IMMIGRATION Mrs. BIGGERT. Thank you, Mr. IS THE PUPPETEER REFORM Speaker. (Mr. POE of Texas asked and was (Ms. JACKSON LEE of Texas asked I begin this Special Order for those given permission to address the House and was given permission to address Members on this side of the aisle who for 1 minute and to revise and extend the House for 1 minute and to revise are retiring or who are leaving at the his remarks.) and extend her remarks.) end of 2012, so I rise today not to say Mr. POE of Texas. Mr. Speaker, the Ms. JACKSON LEE of Texas. Mr. goodbye, but to say thank you. eyes of the world were on the Gaza Speaker, just about 40 minutes or so After 14 wonderful and productive Strip for 8 days as sirens wailed and ago, we were in the midst of a debate years, I will be stepping away from this Hamas rained rockets down on Israel. concerning STEM, which is something podium for the last time at the end of

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A29NO7.006 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6525 the 112th Congress. Representing the gress have all been as the result of col- What I heard around America was that people of the 13th District of Illinois laboration. My work to keep homeless they want people who will sit down to- has been the great honor of my life- kids in school, to bar genetic discrimi- gether and try to solve the problems time. Words cannot express the depth nation, or to reform the Nation’s Flood that confront America’s families and of gratitude I feel to my friends, col- Insurance Program were all signed into America’s workers. leagues, supporters, and staff who have law after extensive personal conversa- I want to say to the gentlelady from made this time in Washington so cheer- tions with Members of the upper Cham- Illinois, my experience with her, ful and fulfilling. I can recall the first ber. We have great leaders here in the throughout her career, has been that time that I stepped out onto the House House, but they alone cannot maintain she is one of those types of people. And floor as a Member of this great body communications between the two I want to thank her. I want to thank and said to myself, How did I end up in greatest deliberative bodies in the her for her decency. I want to thank the U.S. Congress, surrounded by the world. It’s up to all of us, and it will be her for her hard work. I want to thank legacies of so many great leaders? to all of you. her for her commitment to country Growing up on the south side of Chi- So, Mr. Speaker, my advice is to first. It’s been a privilege to serve with cago, I never expected to become a law- work together across the aisle and you, Judy, and I look forward to being yer or a school board president, much across the Capitol. I urge my col- your friend for many years to come. I less a Member of Congress. At the leagues to stay close to their voters wish you great success in the future. time, few women went to college, let and true to their principles, but to I wanted to say that because too alone law school. Today, I know the never let ‘‘compromise’’ become a dirty often the public sees us confronting path here was often the same for all word. That’s what our constituents one another and sometimes being who have walked these Halls. We are want; that’s what America needs; and angry with one another, but you and I just Americans who love our commu- that’s what has made these last 14 have had the opportunity to work to- nities and our country and who found years the source of great joy in my life, gether and I know the good heart that ourselves pursuing that love through none of which, I should add, would have you have and the openness that you service to others. Even among those been possible without my wonderful have displayed, and I thank you for who rarely see eye to eye, I know that staff. that. we share a passion for creating a better Before I close, I must give thanks to Mrs. BIGGERT. And I thank you, the future for the next generation and that these individuals who have been with minority whip, so much for those com- there has always been enough to bridge me for months or years and who have ments. That really is very kind of you, any gap that divides us. Maybe that’s never let up in their service to the resi- and I appreciate it. why I’ve always been known as a mod- dents of the 13th Congressional District Mr. HOYER. I thank the gentlelady. erate. I like to assume the best about of Illinois. From casework, to flag re- Mr. PERLMUTTER. Would the gen- people with whom I disagree, at least quests, to building roads or to passing tlelady yield for one more comment? until they prove me wrong. Thank- laws, my staff has taken every chal- Mrs. BIGGERT. I yield to the gen- fully, I can say without question that lenge in stride, has brought out the tleman from Colorado (Mr. PERL- I’ve rarely been wrong, which is why best in me, and has done it all without MUTTER). my faith in this country and its future ever seeking recognition, praise, or a Mr. PERLMUTTER. I just wanted to has never been stronger. raise. echo Mr. HOYER’s comments. You and I But listening is the key. Lawmakers I also want to thank the great com- have served together on the Financial must listen to those around them as mittee staff with Financial Services, Services Committee. We have worked one American to another, as neighbors with Education and the Workforce, and together on legislation that I was pro- with shared values and without assum- with Science, Space, and Technology, posing and that you were proposing, ing that any difference of opinion is as well as the team at Ethics, with and working with you was always a evidence of greed, ignorance, or malice. whom I worked for several years. Also, pleasure and an honor. I always appre- I was fortunate. I learned that lesson thank you to the unappreciated staff ciated the knowledge you would bring early. Maybe it was because I was the here on the House floor, who always to all of these different discussions; only female Republican in my fresh- keeps the debate moving forward. and the fact that you were willing to man class here. All of my colleagues, Most of all, I would like to thank work with me in such a fashion, that chairmen and ranking members seemed Kathy Lyndon, the best chief of staff helped bring me along as a Member of eager to come and say hello, to wel- and friend that a Member of Congress Congress. I think you definitely come me with a smile and sage advice. ever asked for. Without her, I would brought legislation to the country that Their advice served me well, and, in not be here; and without her, I would was of value, and I just want to thank turn, it allowed me to serve my con- not have been able to assemble one of the gentlelady from Illinois. stituents better. My hope is that our the smartest and most capable staffs in Mrs. BIGGERT. I thank the gen- incoming class of lawmakers follows a Washington. tleman. I will always think of you as similar path and that they come to the green man from Colorado. Washington ready to learn from those b 1400 Now I would like to yield to the gen- around them and to benefit from the So, thank you. Thank you to my col- tleman from Pennsylvania, Mr. TODD diversity of backgrounds and experi- leagues, my staff, my friends, my fam- PLATTS, who is also retiring. ences that can be found here in the ily, my supporters, and even my critics Mr. PLATTS. I thank the gentlelady. Capitol. who have helped me to grow, to learn, Before commenting on my own re- Because we face great challenges— and to serve the people of Illinois. I tirement, I want to echo the gentlemen the economy, immigration, the debt, have always viewed public service as a from Colorado and Maryland, Mr. Social Security, and Medicare—on privilege, not a career, and you have PERLMUTTER and Mr. HOYER, and their these items and more we must find the all made this the fondest privilege of right-on-point remarks, Judy, about answers soon if we hope to keep our my life. you and your service. country on a path to prosperity. Those Mr. HOYER. Will the gentlelady We have sat together for the last 12 solutions will only materialize if the yield? years on the Ed Committee working on Members of Congress take a chance, Mrs. BIGGERT. I yield to the gen- education issues and children’s issues. work together, and care more about re- tleman from Maryland. You’ve been such a great leader on the sults than sound bites or the next elec- Mr. HOYER. I thank the gentlelady issue of homeless children and the im- tion. Equally important, they must be for yielding. portance of us doing right by them in willing to take a walk a few hundred I was in the cloakroom having some the education arena even though they feet to the other side of the rotunda. lunch, and I heard the gentlelady’s were homeless—and maybe all the The House and the Senate are two comments. Most of us—a lot of us— more important that we do right by sides of the same coin, and yet they went around this country listening to them. have never seemed further apart. My people as well as speaking on behalf of When we hear the terms ‘‘statesman’’ proudest moments as a Member of Con- our respective candidacies and parties. or ‘‘public servant,’’ you epitomize

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.037 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6526 CONGRESSIONAL RECORD — HOUSE November 29, 2012 both. Judy, it has been a great privi- teered on my first campaign. It was supper where everybody brings a dish lege to work with you. Jerry Ford running for reelection for and we’ll have food, we’ll get some As I think back to arriving 12 years President, John Heinz for the United good work done. But the people of the ago, one, it is hard to believe it has States Senate, and Bill Goodling for 19th district is what allowed me to been 12 years since first coming here. his first reelection to represent the come here. That first campaign I was My decision about a year ago, January 19th Congressional District of Pennsyl- outspent 5–1, 3–1, 2–1, and because of of this year, to step down was not an vania. Pretty eerie, 24 years later, after the people, I’ve been allowed to serve easy one, but it’s one that I felt was volunteering for Mr. Goodling as a here for the last 12 years, and I will be the right decision for me. I’ve always ninth grader, that’s who I succeeded. forever grateful for that. been one who believed in 12-year term When he retired after 26 years here in Before I wrap up, I’d be very remiss if limits and thought I’ve got to live the people’s House, I had the privilege I didn’t recognize my family. My wife, what I preach as a servant, as a public to succeed him. But I have known ever Leslie, well, we celebrated 22 years of official, but maybe most importantly since then that this is what I wanted to marriage this past July. I’ve been in of- as a dad, that I needed to set a good ex- do. fice for 20 of those, 8 in the State ample to my sons, Tom and TJ, that So first, I thank the citizens of the House, 12 here. And so this is our first they saw me living up to my word and district for allowing me this privilege election year in 22 years where we that my actions backed up my words. and for giving me their trust. Certainly weren’t campaigning, going door to So while it wasn’t an easy decision to I could not have served the citizens door. And I certainly would not be decide to leave this great Chamber, I back home without a tremendous staff standing here as a Member of the believe it was the right one. in the district, as well as here in Wash- United States House of Representatives But it has been such a privilege to ington. I have been blessed with just but for her great love and support over represent the people of Pennsylvania’s true public servants. When we would all these years, along with our sons, 19th Congressional District—Adams, hire, I never asked what their party T.J. and Tom, and my extended family. Cumberland, and York counties; Get- registration was or anything about Mom and Dad. Dad passed away my tysburg, Carlisle, and York, the county their politics other than, Why do you first year here in Congress, but Babs seats in the three counties in my dis- want to serve, and why do you want to and Dutch Platts; my brothers, Mark trict—and the fact that 12 years ago serve in the 19th District in particular? and Craig; and sisters, Pam and Jill; the citizens of this district said, Todd, So, thanks to all of my staff, to my and my sons, Tom and T.J., who have we trust you to represent our interests personal staff in the district and down made so many sacrifices while I’ve in Washington. And to allow me to re- here, and to the committee staff. I’ve been allowed to serve in this position turn for five more terms after that had the privilege to chair a sub- from a time standpoint of being away first one has been pretty remarkable. committee on Oversight and Govern- and missing ball games here or there. And it speaks volumes to me about ment Reform for many years, and have But because of their support, and that what truly a land of opportunity we been blessed in the past and present love and support of my family, and the are. As a kid growing up, that I would with a great staff there as well. support and trust of my constituents, be given this opportunity, it only hap- But the one thing I would emphasize I’ve been allowed this great privilege. pens in America. I’m one who’s known is we call this the people’s House, and I’ll leave here with a heavy heart, be- that I wanted to do this since I was 14. I look at it that way for a number of cause I’m still pretty passionate about I’ve often been asked, What made you reasons. One in particular is the only what we do. I’ll leave here with great want to serve in Congress at such an way you get here is if you’re elected. friends on both sides of the aisle, Re- early age? You can be a Senator, you can be Vice publican, Democrats, from all corners I point first to my mom and dad, President, you can be President and of this great country. It’s been such a Babs and Dutch Platts, just average never be elected to those positions. privilege to serve with these true pub- citizens, middle class family. Dad was Jerry Ford, never elected Vice Presi- lic servants. a mechanical engineer; Mom was a dent and President, served in both I’m going to share one final story stay-at-home mom, park director, a lot Houses. You can serve in the Senate, that kind of captures what I think is of odd jobs that were part time to but here, if there’s a vacancy, you have great about our country and the fact make sure that she could be hands on to wait until the people decide. So that I’ve been allowed to serve here. with all five of us kids. They were not we’re the people’s House. But also be- When my dad passed away my first active politically other than always cause we’re a great representation of year in Congress, June 25, 2001, I had voting and taking us with them to vote the people of this great country. just, about a month earlier, had the when they would go, but they were so The approach and how I got here, it privilege of introducing my parents to active in the community. They were was because of the people of the 19th President Bush for the first time. In community servants, teaching Sunday District. When I leave, it’s my under- fact, the last picture of my dad before school, coaching Little League base- standing that I’m the last Member of his passing is a picture of my mom and ball. In fact, I had the privilege to the House or Senate, other than a cou- dad with me and President Bush taken coach my sons for about 10 years on the ple of self-funders, who rely solely on up on the edge of my district in Penn- same fields that my dad coached three individual contributions—no special in- sylvania. of us Platts sons way back when; Mom terest money, no PAC contributions. Dad passes away. I get a note from running the school candy sales. They I’ve never had a paid television com- the President expressing his sym- gave all five of us children—I’m the mercial in any campaign. I’ve never pathies, having just met my dad. But fourth of the five—a wonderful example had a paid pollster in any campaign. about a week after his funeral, Presi- to follow, that if you want to live in a It’s been about volunteers going door dent Bush was here in the Capitol with great Nation and a great community, to door with me spreading the word. us in caucus and meeting with all the you need to do your part. You need to I think back to that first campaign House Republicans. And when it was be engaged and be involved. So they 12 years ago when over 500 volunteers over, we all scattered and went back to gave me the example of service, and came out in 1 day and stuffed a 115,000- our offices, wherever it may be. then it was my eighth grade social piece mailing for me. And not only did As I’m leaving the Capitol Building studies teacher by the name of Earl they come and volunteer and spend to go back to Longworth House Office Lucius, who passed away just shy of 2 about 10 hours that day doing that Building, I hear applause up here in the years ago, who encouraged taking that work for us, but they also brought rotunda. And I come up, and this was community service example of my par- their own food and fed themselves be- pre-9/11, and the President’s just going ents and to make it a public service ca- cause we were a low-budget campaign, down a rope line, shaking hands with reer. then and now. all the visitors to the Capitol that day. So as I left eighth grade and Mr. So moms and dads and kids are just Lucius’ class and got ready to enter b 1410 getting to meet the President of the high school, I joined the Teenage Re- We didn’t have money to buy them United States by good timing of being publicans as a ninth grader and volun- food, so it was kind of like a church in the Capitol.

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.038 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6527 I’m standing at the House side of the wedding anniversary, which I can’t be- But you’ve always been willing to rotunda with Bill Livingood, our then- lieve, as time flies when you’re having discuss the issues with us. You’ve al- Sergeant at Arms, and the President fun. ways been willing to make suggestions. stopped and said hello to Bill, said Mr. PLATTS. Congratulations. We haven’t always agreed. We’ve hello to me, and invited me to walk out Mrs. BIGGERT. But my children, we agreed a lot on these issues of child nu- to the motorcade with him. And the raised them, I think, well, and we trition and school reform and out-of- subject of our conversation was the raised them to be independent. We home children and where do they go to passing of my dad and how he dreads didn’t think that they would be so find the schooling and the support sys- the thought of some day losing his dad. independent. One lives in London with tems they need to be successful in our And, thankfully, President Bush 41, 88 her husband and three children, one education systems. And I just can’t tell and I know in the hospital right now, lives in Los Angeles with her husband you how much I appreciate your serv- but hopefully still going strong. and three children, one lives in Be- ice. Thank you. I thank you for that. thesda with her three children, and our But it was an amazing conversation, And TODD reminds us—I’m listening one, President Bush, a new President son lives in New York City. to you talk about your family. Some- They’re great places to visit, but you showing concern for a freshman House body once said, there’s no great way to don’t really have time, I think, when Member and my family and how my do this job with a family because the mom and I were doing with the loss of you’re here as much as it was. But to have the family that’s there family sort of is the shock absorber for my dad and my mom’s husband. But it our schedules and everything else. But also spoke volumes about what an all the time I think it’s wonderful, but it has also been really difficult. you obviously have done it pretty darn amazing country in which we live. well. My dad was one of nine kids who Mr. PLATTS. It’s one of the bless- grew up in a row house in the city of ings, Judy, that I’ve been allowed, be- I just want to thank you for your York during the Depression. Five boys, cause of my district, about 100 miles service to the Congress, to the country, four girls. Five boys in one bedroom, each way, in my 12 years serving here, and to obviously the people that you’ve four girls in the second, Grandma and while I’ve been honored to work here, represented so terribly well. Thank Grandpa, his mom and dad, in the I’ve been blessed to live at home all but you. third. 12 nights, or maybe 13 nights that I Mrs. BIGGERT. I really appreciate The fact that his passing was the sub- couldn’t go back home. But being able that. Thank you. You were great as ject of a conversation between the to go back to my wife and children, to chairman, great as ranking member, President of the United States and a start every day and end every day with and I think education is where it all Congressman who happened to be his them kept me grounded. And it’s one of starts in this most important com- son speaks volumes about us being the sacrifices that, as you know, and mittee. Thank you. truly a land of opportunity. That this our colleagues, the families of Mem- Mr. PERLMUTTER. If the gentlelady kid from a typical middle class family bers make a tremendous sacrifice, be- would yield to me one more time, as to has been allowed to serve here for 12 cause I’m the exception. I’m the only Mr. PLATTS and to yourself, I mean, years, it’s just amazing about what we Pennsylvanian. There’s a couple of the word that has come to me as I’m stand for, that if you are willing to Maryland and Virginias, but most sitting here and always has struck me work hard and follow your dreams, Members have to be away all week or is ‘‘respect.’’ You both have respect on they can come true. relocate their families here, so it is a both sides of the aisle. You listen, you So to the people of the 19th District tremendous family commitment. work, you have energy, you want to of Pennsylvania, I say thank you for But you’re right. As I say, my kids, make this country a better place for all allowing this now 50-year-old’s dreams when I walk in the door, they don’t of us. And I just want to thank you for to come true many years ago as a care if I was meeting with the Presi- the service to the Nation. It’s been an State representative and then ulti- dent of the United States or working honor to serve with both of you. whatever issue. Dad, get rid of the coat mately as a United States Congress- And I would say to my friend, Mr. man. I will be forever grateful and and tie. We’re late for practice. Let’s PLATTS, he introduced me to about a go. Kids do a good job of keeping our would tell you that while I’m a proud half a dozen military installations in Republican, most importantly, every priorities straight. the Far East on the fastest moving trip time I entered the Chamber, I came Mrs. BIGGERT. I also thank you for I have ever been on; and that was a into this Chamber, as our men and the experiences we’ve had working to- year and a half ago and I’m still tired women in uniform do every day on the gether on the Education Committee from how quickly and how much en- front lines of democracy, as a proud and being the Bermuda Triangle that ergy he put into this trip to expose me American, first and foremost. we always laughed about, sitting on I think they give us the example, and our side with Tom Osborne. We made a to the needs of our troops throughout that’s my final comment is to all those nice triangle to put things like vouch- the Far East. out there who are defending the free- ers in there. They go away, but they doms we have and the blessings we wouldn’t come back. b 1420 have, such as TODD PLATTS, me, being Mr. PLATTS. And public education, Again, your respect on both sides of allowed to serve in Congress, I say and one of our colleagues who we both the aisle is well known. Your energy is thank you to those courageous men had the privilege to serve under when well known. And thank you for your and women and to their families. he was chair of our committee as well. service. Godspeed as they continue to defend Mrs. BIGGERT. So thank you. us and all that’s great about this great Mr. GEORGE MILLER of California. Mrs. BIGGERT. I appreciate that. Nation. Will the gentlewoman yield? Thank you. I thank the gentlelady for yielding. Mrs. BIGGERT. Yes, I will yield to Mr. PLATTS. If the gentlelady will Mrs. BIGGERT. You know, I just the gentleman from California. yield, I would add it’s been a great would like to say how we have worked Mr. GEORGE MILLER of California. privilege to serve with you here and to together, and I really appreciate all I want to thank the gentlewoman for travel. You’ll enjoy a story from that that you have done. And what’s dif- yielding. I want to thank the gentle- trip when we were visiting the Special ferent is that you had this family. And woman from Illinois, JUDY, and TODD Forces in the Philippine Islands. This that is the hardest thing to have, you from Pennsylvania. Thank you so past September, I was at my local fair know, the kids and a wife, but to have much for your service in the Congress. in York, Pennsylvania, and I ran into the kids that you’re always worried I’ve known you as members of the Edu- one of those Special Forces members about. You always want to be to their cation and Labor Committee, and I that’s from my district that we had games. I know you were always rushing can’t thank you enough. I’ve known met and had just left the military and around to do that and driving home, you when I was in the minority, I knew was getting ready to go back to school. and I appreciate that. you when I was chairman, I’ve known But we were reminiscing about our trip I have four children and a husband. you when I was ranking minority mem- to visit him and his fellow special oper- Actually, we just celebrated our 49th ber. ators on that trip.

VerDate Mar 15 2010 01:22 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.040 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6528 CONGRESSIONAL RECORD — HOUSE November 29, 2012 It was great to travel and to serve to come before the body today, Mr. views simply to get any deal done. The with you, and I wish you great success Speaker, with the Progressive message. deal we should do should be a fair deal, as you continue to serve the State of The Progressive message is a message it should be a deal for all, and it should Colorado with great fashion. that the Progressive Caucus shares be a deal that meets our most impor- Mr. PERLMUTTER. Thank you. with people. The progressive message is tant priorities. But it should not be Mr. PLATTS. I thank the gentlelady very simple. It’s a basic idea that some force-fed thing that we accept again for the time she’s allowed me America, this great land of ours, is big simply because we fear going over this here today. enough for everybody, has enough cliff that really doesn’t exist. Mrs. BIGGERT. Thank you. abundance for everybody, and we have You can refer to it as a set of dead- I yield 1 minute to Mr. YODER. natural resources which should be re- lines. That’s the best way to put it. CONGRATULATING KANSAS HOUSE SPEAKER spected, and we should live in harmony That’s what it actually is. And if you MICHAEL O’NEAL and promote a green economy and don’t meet a deadline, then, of course, Mr. YODER. I thank the gentlelady should have civil and human rights for there are consequences to not meeting from Illinois for yielding. all people. deadlines. And you want to avoid them. Mr. Speaker, I rise today to salute In the Progressive message we say But at the same time, this idea that the legacy of service and dedication of that we would promote dialogue and di- we’ve got to put up with anything that my friend, Kansas Speaker of the plomacy before we ever find ourselves the other side may offer because we’re House Michael O’Neal. After 28 years, in military conflicts. The Progressive facing a cliff is a concept that I reject, Mike has decided to retire from public message is about an inclusive Amer- and I hope the American people reject, service to the people of Kansas. He ica—all colors, all cultures, all faiths, Mr. Speaker, because that’s not really leaves behind a history of courageous an America that says if you live in this what is going on. We have a set of leadership in making smart public pol- country and you want to work hard, deadlines that we should meet. And ev- icy on behalf of all Kansans. the economy should be robust and erybody in this body should work ear- Mike spent his career in the Kansas broad enough and fair enough for you nestly, sincerely, and in good faith to House notably chairing the Judiciary to make a good run in this economy. If compromise. But in terms of just ac- Committee and the Education Com- you work 40 hours a week, you ought to cepting some bad deal just to get a deal mittee before eventually being elected be able to feed your family. You done because of a crisis that they’ve by his colleagues twice as Kansas shouldn’t have to resort to public as- threatened, we shouldn’t buy into that speaker of the house. While Mike’s ca- sistance. It’s talking about standing up line of thinking. reer in the people’s house in Kansas for the rights of labor, the rights of Now what are these deadlines? Well, will be remembered for his many nota- working men and women, the right to we know that the Bush tax cuts are ex- ble legislative achievements, his most be able to be paid fairly, the right to be piring. They’ll expire for everyone, not prominent legacy may be the wonder- able to go to the doctor, the right to just the top 2 percent. This is some- ful friendships and relationships he look forward to a decent and fair re- thing that we don’t want the American built along the way. Many of us con- tirement, the right to be able to see middle class to get hit with, a tax insider Mike a mentor and true friend, that your children will be able to get a crease at this time, but we do believe someone you can always count on—a good education that can see them the wealthiest among us should pay rare quality in politics today. through. In other words, the Progres- more. And we think that the top 2 per- So as the gavel falls for the last time sive message is the message of an in- cent should pay a higher tax rate on and Kansas Speaker of the House Mike clusive America that makes sure that the money they make after $250,000 a O’Neal closes this chapter of service on our economic and our environmental year. behalf of so many appreciative Kan- lives are strong, healthy, and affirm- b 1430 sans, I would like to thank him for his ing. 28 years of tireless service to make We contrast this with another vi- We also believe that there’s more Kansas the best State in the Nation. sion—a vision of a divided America, that can be done. Closing loopholes. Rock Chalk, Mr. Speaker. where not everybody counts and not People say, well, let’s talk about that Mrs. BIGGERT. We have no other everybody matters; an America in tonight too. But we see the Bush tax Members that are here so I would just which labor and management are fight- cuts expiring for everybody. We see the like to say, again, thanks so much to ing and there’s no peace; an America production tax credit expiring—which my colleagues, and particularly my where there’s not full inclusion of is something important for people who family. Some have been with me these LGBT Americans or Americans who work in the wind industry and in the entire 14 years and some have arrived are trying to join America through im- area of industry that promotes envi- after the start of the 14 years. To my migration—a not fully inclusive Amer- ronmental matters. We also see the ex- friends and my supporters who have ica; an America in which women have piration of things like the estate tax, helped me really to grow and to learn to worry about their right to be able to the SGR—which is the doctor fix for and to serve the people of Illinois, it’s seek out contraception or seek out Medicare. We also see the sequestra- been a real honor and a privilege. Pub- equal pay for equal work. This is the tion, which is the outcome, the final lic service is something that is such a America that we don’t embrace. The outcome of the Budget Control Act privilege and honor, and I think that America that we embrace embraces that we passed in August 2011 which is this has been the greatest privilege of equality, inclusion, and opportunities. now coming due. There will be equal my life, to have been a Member of the Now where are we today? We are in defense and discretionary spending U.S. House of Representatives. the middle of a national conversation cuts on both sides, which will inflict With that, I yield back the balance of which is playing itself right here in damage. my time. Congress that has to do with the so- So all these things are happening at f called fiscal cliff. I’m not going to use the same time, and so the same ques- that term anymore because we’re actu- tion is going to be asked: How will this THE PROGRESSIVE CAUCUS ally not on a cliff. What we are on is a budget entanglement be resolved? Will The SPEAKER pro tempore (Mr. set of important deadlines that we it be resolved on the backs of people YODER). Under the Speaker’s an- should meet and we should work at. who can least afford it, or will the peo- nounced policy of January 5, 2011, the But this imagery of a cliff and of fall- ple who can best afford it be asked to gentleman from Minnesota (Mr. ELLI- ing over something and plummeting help out? SON) is recognized for 60 minutes as the downward is false, and we should stop So it’s within this context, Mr. designee of the minority leader. using this analogy. I know the press Speaker, that I come before you with Mr. ELLISON. Thank you, Mr. likes it because it adds drama. Of the Progressive message today to try Speaker. course, the press thrives on drama. But to bring some clarity to folks listening My name is KEITH ELLISON, cochair in truth, there are some important to C–SPAN today about what the real of the Progressive Caucus along with deadlines we should meet. But we issues are, what we have to avoid, and my good friend, RAU´ L GRIJALVA. I want should not surrender our deeply held what we have to fight for.

VerDate Mar 15 2010 01:22 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.042 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6529 I submit, Mr. Speaker, that this deal we’re going to continue to have Social people’s retirement savings—or at least that is being considered right now by Security. Well, we’ve got to change it. one-third of what they were counting the U.S. Congress and the American We have the fiscal crisis coming up, on—is diminished in a very significant people—and of course the President—is don’t we have to change Social Secu- way. still something that is subject to being rity? No, we don’t. It doesn’t add to the The other thing, private savings have changed and altered depending upon deficit. In fact, if any changes need to gone down. A few years ago before the how vigorously people are willing to be made to it, they need to be on their financial crisis hit in 2006 we had a sav- advocate for what’s right. So I want to own, freestanding. ings rate of negative 2 percent, which talk about that today. I don’t want to Social Security is one of the greatest meant people were not saving. So here call it the fiscal cliff—that will be the programs this country has ever pro- we are when we’re having one of the last time I use that term—because it’s duced. It helps literally millions and largest age cohorts in American his- not that, but there are serious fiscal millions of senior citizens and people tory moving into their golden years, issues that we should address. on disability and people who receive when they’re expecting to retire, their Now, I want to talk about a few survivor benefits. It’s a great program, 401(k) is a 201(k) and their pension from things that we should not be discussing and we should continue to support that their own personal savings has gone and don’t need to be talking about, and program. We don’t need to mess with down, and now we’re going to tell one of them is Social Security. Social it. When we do want to reform it, it them, your Social Security, you can’t Security does not contribute to the needs to be something that will pre- really count on that anymore. This is a deficit. It’s not expiring. There’s no serve benefits for people and allows the problem. reason we have to deal with Social Se- program to continue. It’s a solid pro- We have a problem with retirement curity right now. It is one of those gram, and it doesn’t need to be in these in America today. People aren’t ready things that some people—who never budget entanglements. I hope Ameri- for it. This is the wrong time to take liked Social Security, by the way, cans really get the facts. that one solid leg on what we used to called it socialism even—want to Some people say, Well, okay, you’re call a three-legged stool and start saw- change and have been wanting to right, Social Security doesn’t add to ing on it and making it less strong change for decades, and so they create the deficit, but let’s talk about it any- than it was before. The fact is, raising this imagery of crisis coming at the way. Okay. Well, let’s talk about it for the retirement age means lessening end of the year. Then what they’re try- a minute anyway even though it benefits for people—people who need it, ing to do is say, well, we’ve got to shouldn’t be considered. Here’s what many of them who have been working change Social Security because of the could be said, Mr. Speaker, by someone hard at jobs all their lives—and it’s so-called ‘‘fiscal cliff’’—although it’s who wants to defend the excellent pro- wrong to do. not really a cliff. So this is something gram known as Social Security. As I said before, Mr. Speaker, as we that really shouldn’t be on the table. They might say, Well, shouldn’t we talk about this fiscal entanglement, I want to encourage folks to really raise the retirement age? Again, it’s an these expiring deadlines that we’re discuss and get the facts, Mr. Speaker, irrelevant conversation to this prob- coming up on right now, Social Secu- because Social Security is solvent lem. But if they want to go down that rity shouldn’t be part of the conversa- through 2037. Does it need to be fixed? road you can tell them, Look, we don’t tion. Anybody who brings up Social Se- Yeah. It is true that there is slightly need to raise the retirement age be- curity in this conversation ought to be more money going out than coming in. cause, firstly, people who are running asked why they’re bringing up things But when you look at all the money jackhammers or people who are on that are irrelevant to resolving these that is owed to Social Security and you their feet for their whole working life— expiring deadlines that are coming up have the interest payments that are nurses, firefighters, people who really between now and the end of the year. being made on it, it more than pays for use their bodies to earn a living—it’s Why do they want to bring up stuff itself for now. There are some things just not fair to them when you say that doesn’t have to do with these ex- that could be done into the future that we’re going to raise the retirement age. piring deadlines? If it doesn’t have to are not an emergency. It doesn’t have If you’ve been a nurse picking up pa- do with sequestration and it doesn’t to be done this second. tients and walking, walking, walking have to do with the 2001/2003 tax cuts Social Security is probably more sol- for 30, 40 years, now all of a sudden that are expiring, then what are we dis- vent than a whole bunch of businesses they tell you, yeah, you used to be able cussing it for? It’s a distraction from and agencies of government. To try to to retire at 65, but we’re going to move what we should be devoting our time throw Social Security into the mix at it to 70, that’s just not fair to them. If to. this time is a big mistake. I believe, you’re just a white collar worker, that Mr. Speaker, it’s being done because might be a little different, but the b 1440 people who have been wanting to truth is it’s going to be a big rule that change it for decades and decades and everybody has to abide by, and it’s not Now, Mr. Speaker, you’re also going decades want to create the idea of a fair to a number of people, so we’re to have people who like to use the term crisis and then use that crisis to get against it. ‘‘entitlement.’’ I resent the term ‘‘enti- Members to vote for something that is Here’s another reason—even the tlement’’ because entitlement kind of not well considered. more important reason—why messing suggests that, well, this is just some- I insist on any changes to Social Se- with Social Security that way is the thing we’re giving to you. No, this is an curity being well considered. I insist wrong thing to do: earned benefit, Social Security, and it that there be a full-fledged debate on As you know, Mr. Speaker, over the should not be referred to as an entitle- Social Security, not this fiscal mess last number of years we’ve seen our ment. that we’re working through right now. 401(k)s go to what? 201(k)s. We’ve seen Mr. Speaker, I hope that people begin But let Social Security be considered American savings rates go down. We to defend Social Security and say, on its own freestanding basis, and if used to talk about a three-legged stool Look, don’t call my Social Security an changes need to be made, we make when it came to retirement: one, So- entitlement. I’ve worked my whole life them. But just to sort of argue that in cial Security; two, the money you save for this, and I’m not about to just say order to solve this fiscal crisis that yourself; three, the money you get it’s some sort of entitlement, that it’s we’re facing with these ending dead- from your job. some sort of a thing that somebody’s lines, these expiring deadlines, because The money that we get from our jobs, handing to me. of that we’ve got to deal with Social we have seen pensions, guaranteed pen- I just want to say that I think people Security, Mr. Speaker, I think the sions become almost a thing of the need to defend Social Security. They American people should reject that past. Some people still have them—God need to stand up for it. They need to idea. bless them—but most workers are now explain that it’s not part of this fiscal I have brought this issue to people having to bear the risk of their own re- mess that we’re in. It’s not part of the who say, Well, what are we going to do tirement through a 401(k) plan. If the expiring deadlines that we’re seeing about Social Security? I say, Well, market has been down, as it has been, happening right now, and we should

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.044 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6530 CONGRESSIONAL RECORD — HOUSE November 29, 2012 not deal with it here. They should de- not, and, therefore, they have to either but they had paid into Social Security. fend it by saying that people’s retire- have extended public care or wind up Which brings me to a couple of other ment security has significantly dimin- picking up those children. But what I points, and I will yield back to the dis- ished over the last number of years, will say to you is that they toil and tinguished gentleman. and now is not the time to start cut- work every day. It is important that we maintain the ting benefits to Social Security. And So this fiscal deadline—deadline—is extension of unemployment benefits more than that, we should make it very serious to the Progressive Caucus because I’m glad to say that I feel a clear that Social Security is the best and those of us who really believe that surge in this economy. Things are get- program, perhaps one of the best pro- we would not be the patriots that we ting better. We’ve had some great grams our government has ever come claim to be if we did not recognize the Thanksgiving sale days, and people up with. We’re going to get more into millions of Americans—with great went out even on Thanksgiving Day. the expiring deadlines that we see com- humor, people were making jokes to Then we had Black Friday and then ing up in the next few weeks. the gentleman from Minnesota about Cyber Monday. And everybody is tell- But before I say another word, Mr. the Powerball last night and how many ing us that things are on the move. Speaker, I want to yield to my good people had tried to sign up for it—not But it is important to recognize that friend from the great State of Texas, out of greed. When they interviewed the country churns if you keep the im- SHEILA JACKSON LEE, a stalwart mem- people, they were talking about char- portant safety nets of Medicare, Med- ber of the Progressive Caucus. She is ity and their friends and helping Mama icaid, Social Security. And that must totally reliable and can be counted on get a better house and helping them- be what we do. And then to add unem- to stand up for the American working selves get a better house. ployment, unemployment insurance. people. And something was said in our dis- You always have to say over and over Ms. JACKSON LEE of Texas. I thank cussions today that the people who are again, the word ‘‘insurance’’ means the distinguished gentleman. And, of trying to get into the middle class are that you’ve gotten some insurance to course, who could help but listen to the ones that we should be able to say get you through a rainy day. It’s not a that very potent message. And we are to them, Your desires, the service you handout. It’s a hand up. But it is insur- better for the fact that you and the dis- have given to your country, the work ance, and you’ve earned it because you tinguished gentleman from Arizona you do when you get up in those early have worked and you are now unem- have come together again to—I call it mornings—some of them are park at- ployed and you are looking for work. standing in the gap and reinforcing to tendants. Some of them are working in So the unemployment insurance is to individuals who have never walked bus barns. They may not even be bus be something that we need to count as these Halls. drivers or they may not be conductors. a safety net and one that is of great The thing I want to just reinforce They may be working around. They need. very briefly is how much all of us who may be working in the great work that Now let me finish by trying to, again, have the privilege of walking these au- we could not survive, we call it Depart- reemphasize the importance of biparti- gust Halls, sometimes on occasion ments of Sanitation, the same group of sanship. And progressives are those looking at these ornate murals and rec- men at that time that Martin King who recognize what a great country ognizing the historic features and the went to Memphis for. this is, and we are progressive by the history of this body, the largest democ- And the reason why I call out what nature of some of the issues that we racy but the longest democracy, exit’s like every morning before dawn support. But we do not have a wall in tending democracy in the world, that is when people get up and go to work is front of our face and say that we don’t the United States of America. And for that they don’t have time to do social believe in bipartisanship or we haven’t this place called the House of Rep- media. They don’t know when we are in joined with some of our colleagues to resentatives, this honored place to be negotiations about the fiscal deadline, make a difference for America. called the people’s House is for the but they’re hoping someone is here I truly believe that every set of poli- very reason that we are the defenders. standing in the gap. cies have, maybe, relevancy as their We are those who will stand in the gap. And Social Security is earned. It is past, and some policies—and I’m going We will be there when others cannot earned by these people, whether to add the 1964 Civil Rights Act and the and when others’ voices cannot be they’re in coal mines, as I said, wheth- 1965 Voting Rights Act—have an heard. er they’re sweeping streets, whether unending life. But when you come to So let me give you a picture of Amer- they are children who are disabled, fiscal policy, because the economy ica because, for some reason, if we are whether they are children of the de- churns and it goes in cycles, sometimes not tied to the latest social media or ceased who the only thing that kept we’re up, and sometimes we’re down. maybe to our favorite cable stations, them going or is keeping them going is Tax cuts of the nineties and earlier we can’t imagine what happens across a Social Security death benefit that than the nineties with President Bush, America, from California to New York, they got from their deceased parent. before President Clinton and then from the furthest State going to the So it is important as we look to what thereafter with President Bush who North to our southern friends, includ- we will be doing is that we understand came after President Clinton—some- ing the great State of Texas. that it is not those of us in this place times economic policies say it’s time Every morning, every morning some that we speak of. And as we speak of for a rest; and those tax cuts, the top 1 family, some single mother, some sin- the hardworking middle class, we must and 2 percent, it is time for a rest. gle dad, some mother and father rise at put into the mix those individuals that 4:00 or 5:00 or 6:00 in the morning. And keep the lights on, those individuals b 1450 on some tables, there may be more that keep the streets clean, those indi- To be able to shore up, to say to than one would expect for breakfast; on viduals that are assisting those who every American that you will get a tax some tables, there is no breakfast. are at home—our nurses, attendants, cut for $250,000 of your income, which They rush to prepare for the day’s and aides—those who are working in includes 97 percent of small businesses work. They rush sometimes to get daycare centers, those persons who, is a reasoned response to the changing their children to schools that are far when a fire in my district burned down economy. The protection of the safety beyond bus stops. And the reason why a daycare center or something occurs, net is a reasoned response to the I say that is many school districts have then you can be sure that there are changing economy. And the recogni- even cut out school buses. So that workers who cannot work. tion of the importance of Social Secu- means that these hardworking Ameri- And let me be clear: Since there was rity, the recognition of the importance cans have to rush and get their chil- a tragedy in my community, I was not of Medicare and Medicaid, and the rec- dren to school. And they go off to jobs speaking of that specific tragedy. I’m ognition of the importance that if that are 8, 10, 12 hours long, where they talking about if something stops you you’re unemployed of extending the work all day. And maybe they had from working, something happens to unemployment, responds to the people someone—a grandmother or someone— your business and there are workers who don’t get their news on a regular pick up the child, but maybe they did there, those workers are unemployed, streaming basis. They don’t know

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.046 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6531 what’s going on up here. They’re count- proper role of government is to have a that sometimes you get it on disability ing on us to stand in the gap and to program administered through the gov- and sometimes you get Social Security make a difference in their lives. Some ernment that looks out for the aged, as a death benefit for a deceased parent of them are working and some are on the disabled, the vulnerable. They that keeps those children going. Then assistance, but they’re not defined by don’t think the government should do you have people who get payments be- anything except that they are Ameri- that. They think it’s all about 100 per- cause they are ill or have no way of cans that love their country. cent individual initiative, and they working or have children, need assist- I hope as we go into 2013 and as we don’t believe the government has a role ance; and people start looking at that. have the privilege of being sworn in or responsibility to administer a pro- We need to be deliberative in our at- again, that we will look at issues like gram to make sure the aged and the tempt to do the things that we want to a wealth tax, that we will look at sick and those who are the children of do in a bipartisan way, which is reduce issues that address equalizing the im- those people who may have died should the deficit, to make sure we tighten poverished in this Nation, most of have some basic sustenance. our belt and act accordingly to churn them children. We’re not there yet, but We disagree philosophically and fun- this economy, and we’re fair in our tax I think that we would be even a greater damentally, but some folks—there is a policies. My friends, we can do all that, country—we’re a great country and the concept out there known as the ‘‘shock but let us not do that with hysteria greatest country in the world—if we doctrine.’’ A woman named Naomi that starts looking at the basic safety recognize that there is value to lifting Klein wrote a very interesting book. net of Medicare, Medicaid, and Social all boats, that there is value to saying Sometimes you will have folks who Security. As my friend said, Social Se- that you’re on hard rubble times, and will create a crisis. They want there to curity is 2037 and Medicare is 2024. this great country wants to lift the be a crisis because within the context That means your house doesn’t have to boat so that any children that you are of the crisis, the parties to the bar- be on fire. You don’t have to get a raising have the equal opportunity to gaining will be willing to do things skinny hose that is just drip, drip, drip- achieve their greatness. that in the absence of a crisis they ping, and then you just burn up. To the gentleman of Minnesota and would never agree to. So I believe that You can be deliberative. We can deal the cochair of the Progressive Caucus, these expiring deadlines don’t have to with this immediate fiscal issue of let me thank you for your wisdom and be a crisis, but they’ve been created to deadlines with tax issues and begin to your sense of—I think the character- be one. We even use words that invoke build on what the revenues will be. ization that I’ve heard you state in imagery of a crisis, and that’s why we Mr. ELLISON. The gentlelady cor- many different instances and the char- now talk about this thing as to what it rectly mentioned Medicare, because in acterization that I made today. We really is, which is expiring deadlines. this whole fiscal situation, they keep have an obligation to the people whose Ms. JACKSON LEE of Texas. If the on throwing out Social Security and daily life is simply about trying to gentleman will yield for a moment. Medicare entitlement reform, which is make it to the next day. I hope this Mr. ELLISON. I yield to the gentle- what they want so bad. Again, we’ve Congress and I hope this process of ne- woman. clearly shown Social Security has no gotiations and media debate and dis- Ms. JACKSON LEE of Texas. The place in this debate. cussion don’t ignore the fact that Congressional Budget Office even indi- Let’s talk about Medicare for a mo- sometimes you’ve got to make sure cated that there is no such thing as a ment. In the Affordable Care Act, the that you respond to those who are now ‘‘cliff.’’ There will be expiring dead- so-called ObamaCare, which I used to busily filling in those 12 hours of work, lines that will allow deliberative not want to call it that, but now I do and the only thing they’re looking for- thought. That’s what you’re talking because Obama does care. We call it ward to is whether they will have about. Let’s have deliberative thought. ObamaCare because the Republicans enough for a dinner at home and to When you act and your hair is on fire thought they could use it as an insult, pick up those children and get ready or you’re running out of a burning but actually it’s kind of a badge of for the next day. As Americans, many building, you will take any water hose honor. of whom have served their Nation, I you can find; and that may not be the The Affordable Care Act, with the feel an obligation to make sure that we good water hose that will keep us bill we passed, is estimated to save stand in the gap on their behalf. going. about $500 billion over the next 10 I thank the gentleman for yielding, I just wanted to mention my late col- years. They say we’ve got to reform and I thank the gentleman for his lead- league, Mickey Leland. This is his Medicare. There may be reforms to ership. birthday this week. It was November Medicare that are important to do, but Mr. ELLISON. I thank the gentlelady 27. I just wanted to mention it on the we already started that process with for joining me. If you have the time, floor of the House. Congressman Mick- the Affordable Care Act by reducing we’d love to hear more from you. ey Leland served in this Congress in extra subsidies paid to Medicare Ad- Let me just say today that we’re the late 1970s until 1989, when he died vantage plans. They said they were members of the Progressive Caucus in Ethiopia trying to feed the starving going to do it for cheaper, and they did talking about the deal for all. First of Ethiopians who had been impacted by it for more. Now we’re saying we’re all, we are laying out some of our val- the drought. At the same time, he going to hold you to your word. ues, but also talking about some things helped cochair the Hunger Select Com- that are really problems in this debate. mittee because at that timeframe b 1500 I mentioned before and you men- there was an effort to try to extinguish We used that savings to close the tioned, as well, Social Security is not hunger in America and hunger in the doughnut hole, to make reductions in contributing to the deficit. Social Se- world. Lo and behold, here we are in the rate of growth and provider pay- curity is solvent through 2037. Social 2012, and I bet we can have a vigorous ments, in efforts to make sure that Security may need attention, but to debate on hunger that still exists in Medicare programs were more effi- try to fix it in the midst of this debate this country. cient, and to reduce waste, fraud, and is not the right thing. Again, I’m When we put our hair on fire, then we abuse. speaking only for myself. People who start looking and digging deep and we Medicare will be reformed as we re- are demanding that we reform Social start ignoring the peace dividend and form health care and as we move away Security right now are people who resources that we could get from that, from this fee for service, where it’s this want us to put attention on something from an expedited withdrawal for our much for this test, this much for that that is other than the problem, and hardworking military that are in far- test, then some folks run a bunch of then I have to wonder why that is. away places such as Afghanistan. The tests, and you get this huge bill. We Does it have something to do with the point is that then we begin to do things are now moving from that fee-for-serv- fact that ever since Franklin Delano like look at the minimal subsistence ice model to a model that goes on, Are Roosevelt signed the legislation, that that people get in order to survive. So- you improving the health of your pa- there have been some that don’t like it. cial Security is a different line of fund- tients? There are a lot more doctors Why? Because they don’t think the ing; but as you well know, I mentioned nowadays, particularly at the Mayo

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.048 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6532 CONGRESSIONAL RECORD — HOUSE November 29, 2012 Clinic in Minnesota, who are on salary States of America is actually poorer is, if you are a poor woman in the so that the doctors don’t have to worry today than we were then? United States of America, you have ac- about the tests, they just have to I wanted to quote from something in tually lost ground in terms of lon- worry about health. They order the The Washington Post, an article that gevity in this country. So it is just tests that you need, but they don’t Ezra Klein wrote, entitled, ‘‘Why Rich simply a myth to say that. Averages order the ones that you don’t. Guys Want to Raise the Retirement can be deceiving, right? You get a bas- So my point is that we are already Age’’: ketball player, and you average him to implementing ways to maintain and The first point worth making here is that 6-feet tall even though one is 7’2’’ or control costs in Medicare that do not the country’s economy has grown 15-fold whatever. That’s ridiculous. People are deprive seniors of good medical care. since Social Security was passed into law. actually losing life expectancy. That’s the key. Medicare—I’m sorry— One of the things the richest society the The truth of the matter is, while the is going to cost more in the future be- world has ever known can buy is a decent re- Social Security retirement age is now cause we have a lot of people born be- tirement for people who don’t have jobs they about 67, you can retire early at 62, love and who don’t want to work forever. tween 1945 and 1960 who are now get- which is the earliest the law allows. ting into older years. Everybody knows I think that’s right. It’s like—real- You lose some benefits, but that is as you get older you may need to go to ly?—we can’t afford it? This is one of when most people retire. Now, these the doctor more, and we have more the things that we absolutely have to are not slackers. These aren’t people folks who are in that age group, so cut. who just now want to lie around at that’s the way it is. It does make sense I wanted to just make a point about home and eat bonbons. These are peo- to try to control costs, but the pro- some of these guys, these 71 CEOs who ple who pretty much can’t wait until posals have been to give seniors a cou- are in the fix-the-debt group who wrote their full benefits kick in because pon that the Congressional Budget Of- this letter about the things that need they’ve been working really tough jobs, fice admits is going to cost them $6,000 to be done, some of which included the long hours, who’ve been on their feet, a year more than it does now and to cuts. flipping patients in beds, working with give Medicaid a block grant program, Mr. ELLISON. Will the gentlelady their hands. It is not easy. So now which we know will likely be reduced. yield? what? Are these people supposed to go What’s the point? Ms. SCHAKOWSKY. I yield to the out and all find jobs—what jobs? Where They keep on saying, ‘‘entitlement gentleman from Minnesota. are those jobs?—in order to wait even reform,’’ ‘‘entitlement reform.’’ Social Mr. ELLISON. Is not having to bail longer for them to get their Social Se- Security is fine for now, and it will be them out on that list? curity benefits? into the future with just a few tweaks Ms. SCHAKOWSKY. Bailing them Frankly, I’m personally pretty re- that will not hurt beneficiaries. As for out, that was then. Get over it. Of sentful that some of the very richest Medicare, we are reforming it and course they got a lot of money from people in our country, who are now of- making it more solvent. We literally the taxpayers. Why do you keep bring- fering advice on how we can save extended the life of the program up ing that up, Mr. ELLISON? That was money and fix the debt, are offering up through 2024. Republicans during the just a fine thing to do. senior citizens, half of whom make campaign attacked President Obama But here. The 71 fix-the-debt CEOs, $22,000 or less per year. for this, and yet we extended the life of who lead publicly held companies, have b 1510 amassed an average of $9 million in the program. If entitlement reform Those seniors who make $85,000 or their own company retirement funds. A were wrapped up in the expiring dead- more a year are already paying more dozen have more than $20 million in lines and the sequestration, I would for their Medicare benefits. We are al- their accounts. So, if each of them con- say, yes, we have to talk about that ready means testing Medicare benefits. verted his assets to an annuity when he now, but it isn’t. Why are we doing A lot of people don’t know that. So that? It’s because people never liked turned 65, he would receive a monthly who are the rich seniors who are sup- the program and don’t believe the prop- check of at least $110,000 for life. Now, posed to pay more? Who are the seniors er role of government is to help people. one of those fellows, Dave Cote, whom who are living longer? Well, you know, So we just disagree. I just wish folks I know because I served with him on Dave Cote and the other CEOs, they’re would be a little more transparent in the Simpson-Bowles commission—and doing just fine. They may want to the positions that they take. he’s a longtime advocate of Social Se- work forever. God love them. God bless I am very fortunate to have been curity cuts—has a $78 million nest egg. them. Let them do it and retire with joined by the gentlelady from Illinois, That’s enough to provide a $428,000 tens of thousands of dollars every sin- JAN SCHAKOWSKY, and I yield to the check every month after he turns 65 gle month. And their advice is cut the gentlelady. years old. Since the average monthly rest of the people. That’s not right. Ms. SCHAKOWSKY. I want to thank Social Security benefit is $1,230, Dave Mr. ELLISON. It’s not right. you so much, Congressman ELLISON, Cote would receive a retirement in- You know, here’s the reality. In this for pulling this together, because we come every month—by the way, this whole debate, we want to talk about are in the midst of an incredibly impor- doesn’t count his Social Security—of how to deal with these expiring mat- tant debate about how to deal with all as much as 348 Social Security bene- ters like the 2001 and 2003 taxes and the of these fiscal issues. Mainly, to me, ficiaries. This is a guy saying that sequestration. They have a time limit it’s about who shall pay, not about those 348 people, who are together on them, and we in Congress are here what are the dollar figures and how do going to get as much as he gets, ought now to address these issues. But does it we take a little bit from this and that. to see those Social Security benefits strike you funny that they keep on It’s about who exactly in our society is cut. talking about stuff and want to drag it going to be responsible. I just think it’s outrageous because into this debate that doesn’t have any- I want to focus on the entitlements. this is about who we are. Really? We thing to do with sequestration or these In addition to some of our Republican can’t afford today the kind of Medicare expiring tax matters? Why do they colleagues—I’m talking mainly about benefits that we had 50 years ago when keep talking about Social Security? the CEOs now, the fix-the-debt group, Medicare went in or 70 years ago? Why do they want to keep talking who say quite piously, by the way, and Here is the other thing. One of the about raising the age or somehow cut- self-righteously that we have to cut en- arguments that is used is that life ex- ting benefits for Medicare and Med- titlements. In listening to them, you pectancy has gone up. That’s true for icaid? I mean, one needs to ask the would think that the United States of some of us but not for all of us. Since question, if these are problems and America is poorer today than it was 50 1977, the life expectancy of male work- they need to be solved, why do they years ago when Medicare and Medicaid ers retiring at age 65 has risen 6 years have to be solved in this very limited became part of our social contract, or in the top half of the income distribu- window of time when there are other 70 years ago when we created Social tion, but if you’re in the bottom half of things that, in fact, are expiring? Security. Now they say it’s the income distribution, then you just Ms. SCHAKOWSKY. Well, first of all, unsustainable. Is it because the United gained 1.3 years. The fact of the matter I agree with you because I think what

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.051 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE November 29, 2012 CONGRESSIONAL RECORD — HOUSE H6533 I’m hearing you say is let’s put those— belt and have to lower expectations, what happened to the basic idea that, Medicare, Social Security, and Med- this should be met with extreme dis- yes, I may be a CEO and, yes, I have an icaid—in a separate basket and deal pleasure. obligation to my shareholders, but I with them at another time. Social Se- Ms. SCHAKOWSKY. Here’s Lloyd also have an obligation to the commu- curity should not be even on a different Blankfein, and he’s just one example, nity that has fed my business and I’ve table. It should be in a different room, the CEO of Goldman Sachs, and part of got an obligation to the United States because Social Security has a big sur- what I really resent about it is he that has made it possible for me to do plus in the trust fund and hasn’t con- doesn’t even know what he’s talking well. about. He says: tributed one thin dime to any deficit. b 1520 Medicare and Medicaid, I’m all for You can look at the history of these making those programs more efficient. things, and Social Security wasn’t devised to What happened to the basic idea that We can find savings in those programs. be a system that supported you for a 30-year we’re sort of in this thing together? But let’s remember, it occurred to me retirement after a 25-year career. Ms. SCHAKOWSKY. Well, frankly, I that Democrats, through ObamaCare, Well, first of all, the average bene- think that idea is alive and well and actually found—does this number ficiary collects about 16 years, so a 30- was reflected in the elections on No- sound familiar?—$716 billion worth of year retirement after 25 years? vember 6—— Mr. ELLISON. He must be talking Mr. ELLISON. I agree. savings in Medicare that made the pro- Ms. SCHAKOWSKY. That the idea gram more efficient but didn’t touch about himself. Ms. SCHAKOWSKY. I don’t know that we are all in this together, that benefits. we do have some responsibility. And I Mr. ELLISON. Right. what he’s talking about. want to tell you that there isn’t a per- Ms. SCHAKOWSKY. We actually im- So there will be things. Maybe the retire- son that goes to synagogue or church proved Medicare by finding savings. ment age has to be changed, maybe some of It seems to me that number came up the benefits have to be affected, maybe some or a mosque or a temple that doesn’t in the election that Democrats were of the inflation estimates have to be revised, learn about, we are our brother’s and but, in general, entitlements have to be our sister’s keepers, we do feed the somehow stealing from Medicare, im- slowed down and contained. plying to senior citizens that their pro- hungry and take care of the poor, that Now, you know, this is a guy who’s a grams were being eroded when, in fact, we have an obligation to do that. So in pretty entitled fellow. And the idea of their programs were being improved our private lives, and in our faith lives, him pointing to these people who, you and Medicare was made more efficient. we’re taught that as well. know, half of whom make less than I mean, it’s good economics, but it’s So now that the election is over, $22,000 doesn’t sit well with me and, I also the right thing to do. And I also they’re back to saying we’ve got to cut don’t think, most Americans. It’s not think it’s a very American kind of these entitlement programs; they’re just that I think; we’ve asked most ideal, and that, at the end of the day, unsustainable. We just can’t make it Americans. that most people agree with that. anymore. We’re too poor a country. We And, by the way, even people who When I say under $22,000, that’s in- can’t aspire to make sure that people voted for Mitt Romney said, Do not cut come. The average Social Security ben- with disabilities and old people are my Social Security and Medicare bene- efit is far below that. And so we’re going to have access to health care. We fits. They don’t want that. And it’s not talking about very little, very little can’t do it anymore. That was so 20th because they’re stupid or greedy, as money to provide not a whole lot of se- century. We’re done with that. Alan Simpson would like to make them curity, but some security. I mean, it’s really outrageous, the out to be. It’s because, in this country, Mr. ELLISON. Well, I’d just like to hypocrisy of criticizing us for making retiring with some level of security is advise the gentlelady that we’ve got the programs more cost effective, cost something that people who’ve worked about 3 more minutes in our hour, and less, but keep benefits, and now hitting all their lives deserve in this country I just wanted to encourage you to us over the head with that and now and something that should be a pri- think about some of your essential saying, Oh, no, never mind, we have to ority. points that you may want to repeat for go back and cut those programs. Mr. ELLISON. Well, let me quote Mr. the Speaker. Mr. ELLISON. Well, you know, I ap- Blankfein of Goldman Sachs. He says: But I just wanted to say that, look, preciate the gentlelady in revealing You’re going to have to do something, un- you know, the Progressive Caucus— really the real deal here. The Presi- doubtedly, to lower people’s expectations of we’re here with the Progressive mes- dent, to his credit, is trying to talk to what they’re going to get, the entitlements, sage—is thinking about these fiscal broad cross sections of Americans. He’s and what people think they’re going to get deadlines that this country is facing. had labor and progressive groups join because you’re not going to get it. We do believe that we should try to him, and then the CEOs come in. And That’s what he said. Now, this gen- come up with a fair deal in anticipa- it’s funny, when the CEOs come in, and tleman is the CEO of a firm that re- tion of sequestration and the expira- I’m not talking about everyone, but ceived tens of billions of dollars—— tion of deadlines on some taxes. this letter where they’re telling us Ms. SCHAKOWSKY. Tens of billions. We believe that the top 2 percent of we’ve got to have austerity, we’ve got Mr. ELLISON. Tens of billions of dol- the income scale should have to pay to lower people’s expectations as to lars from direct money and indirect more. We believe that the Defense De- what people expect. money through access to the Fed at partment, which has seen its budget Ms. SCHAKOWSKY. Other people. lower rates, and now has the audac- double since 2001, should have to take Not them, other people. ity—is the only word you can use—to cuts. Mr. ELLISON. Other people. They start talking about how somebody who We believe we have to invest in jobs are extremely well taken care of, and is making $22,000 a year has to figure and get people back to work. And we they come from companies, several of out what they’re going to do. believe we should protect Social Secu- them, that got direct benefits from the Here’s the thing. I remember 2008 rity, Medicare, and Medicaid. Those government. And now all of a sudden, very well. I remember people’s 401(k)s are some takeaways that I think are you know, everybody else has to tight- taking massive hits directly related to very important. en their belt. It’s shocking, actually. the behavior of large banks. So it used We do believe in negotiating. We be- And if there’s anything funny about it, to be that you had money you saved, lieve that it’s important to do so. it is that they don’t get the irony of money you saved on the job and then We’ve already given up $1.5 trillion in what they’re doing. Social Security. Two sources of your the last term. People talk about what’s I think the American people should retirement income are now dwindling on the table, what’s off the table—$1.5 know that whenever you see CEOs from in part because of the behavior of these trillion should be on the table as cuts polluting industries, from financial banks, and one of the leaders of one of that have already taken place. services industries, from industries the biggest ones is talking about other I’d just like to leave the gentlelady that have gotten a lot of help and ben- folks having to get by on less. the remaining time to summarize. efit from the government talking about My question is: What happened to the Ms. SCHAKOWSKY. You have the how other people should tighten their basic concept of civic virtue? I mean, sign, ‘‘The Progressive Message,’’ and I

VerDate Mar 15 2010 00:49 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.053 H29NOPT1 pwalker on DSK7TPTVN1PROD with HOUSE H6534 CONGRESSIONAL RECORD — HOUSE November 29, 2012 am a proud member of the Progressive morrow, Friday, November 30, 2012, at 9 the 698-746, 747-762 and 777-792 MHz Bands Caucus. But I believe that if you pre- a.m. [WP Docket No.: 07-100] [PS Docket No.: 06- 229] [WT Docket No.: 06-150] received Novem- sented what you just said to the Amer- f ican people, in general, that the vast ber 14, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. majority agree with that because it’s EXECUTIVE COMMUNICATIONS, ETC. 8501. A letter from the Chief, PSHSB, Fed- fair. That’s all. eral Communications Commission, transmit- We are willing to find cuts, and as Under clause 2 of rule XIV, executive ting the Commission’s final rule — Imple- you pointed out, we’ve already done communications were taken from the menting Public Safety Broadband Provisions that. That’s already been done with Speaker’s table and referred as follows: of the Middle Class Tax Relief and Job Cre- $1.5 trillion in cuts. But fairness means 8494. A letter from the Director, Regu- ation Act of 2012; Implementing a Nation- not just that starting from scratch, we latory Management Division, Environmental wide, Broadband, Interoperable Public Safe- ty Network in the 700 MHz Band; Service cut everybody across the board, but we Protection Agency, transmitting the Agen- cy’s final rule — 1,4-Dimethylnaphthalene; Rules for the 698-746, 747-762 and 777-792 MHz do it in a humane and fair and sensible Bands [PS Docket No.: 12-94] [PS Docket No.: way in our country. And I think the Amendment to an Exemption from the Re- quirement of a Tolerance [EPA-HQ-OPP- 06-229] [WT Docket No.: 06-150] received No- Progressive message is the American 2011-1029; FRL-9368-2] received November 14, vember 14, 2012, pursuant to 5 U.S.C. message, the one that we’re hearing 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Energy and from the American people. Committee on Agriculture. Commerce. So I thank you so much for your 8495. A letter from the Director, Regu- 8502. A letter from the Chief of Staff, Wire- latory Management Division, Environmental less Communications Bureau, Federal Com- leadership. And going forward, I hope munications Commission, transmitting the we can help to mobilize, along with the Protection Agency, transmitting the Agen- cy’s final rule — Dinotefuran; Pesticide Tol- Commission’s final rule — Amendment of President, mobilize people to support Part 90 of the Commission’s Rules to Permit these ideas. erances [EPA-HQ-OPP-2012-0060; FRL-9365-1] received November 14, 2012, pursuant to 5 Terrestrial Trunked Radio (TETRA) Tech- Mr. ELLISON. The gentlelady from U.S.C. 801(a)(1)(A); to the Committee on Ag- nology; Request by the TETRA Association Illinois has the last word from ‘‘The riculture. for Waiver of Sections 90.209, 90.210 and 2.1043 Progressive Message.’’ 8496. A letter from the Director, Regu- of the Commission’s Rules [WT Docket No.: I yield back the balance of my time. latory Management Division, Environmental 11-69] [ET Docket No.: 09-234] received Octo- Protection Agency, transmitting the Agen- ber 31, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); f cy’s final rule — Flonicamid; Pesticide Tol- to the Committee on Energy and Commerce. 8503. A letter from the Chief of Staff, Media erances [EPA-HQ-OPP-2011-0985; FRL-9368-7] SENATE BILL REFERRED Bureau, Federal Communications Commis- received November 14, 2012, pursuant to 5 sion, transmitting the Commission’s final A bill of the Senate of the following U.S.C. 801(a)(1)(A); to the Committee on Ag- rule — Basic Service Tier Encryption; Com- title was taken from the Speaker’s riculture. patibility Between Cable Systems and Con- table and, under the rule, referred as 8497. A letter from the Director, Regu- sumer Electronics Equipment; Inter Moun- follows: latory Management Division, Environmental tain Cable Inc.’s Request for Waiver of Sec- Protection Agency, transmitting the Agen- S. 1998. An act to obtain an unqualified tion 76.630(a) of the Commission’s Rules; cy’s final rule — Approval and Promulgation audit opinion, and improve financial ac- RCN Telecom Services, Inc.’s, Request for of Air Quality Implementation Plans; Dela- countability and management at the Depart- Waiver of Section 76.630(a) of the Commis- ware; Requirements for Prevention of Sig- ment of Homeland Security; to the Com- sion’s Rules; Coaxial Cable TV’s Request for nificant Deterioration and Nonattainment mittee on Homeland Security; In addition to Waiver of Section 76.630(a) of the Commis- New Source Review; Fine Particulate Matter the Committee on Oversight and Govern- sion’s Rules; Mikrotec CATV LLC’s Request (PM2.5) [EPA-R03-OAR-2012-0381; FRL-9747-9] ment Reform for a period to be subsequently for Waiver of Section 76.630(a) of the Com- received November 2, 2012, pursuant to 5 determined by the Speaker, in each case for mission’s Rules [MB Docket No.: 11-169] [PP U.S.C. 801(a)(1)(A); to the Committee on En- consideration of such provisions as fall with- Docket No.: 00-67] (CSR-8483-Z) (CSR-8525-Z) ergy and Commerce. in the jurisdiction of the committee con- (CSR-8334-Z) (CSR-8528-Z) received November 8498. A letter from the Director, Regu- cerned. 21, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to latory Management Division, Environmental f the Committee on Energy and Commerce. Protection Agency, transmitting the Agen- 8504. A letter from the General Counsel, BILLS PRESENTED TO THE cy’s final rule — Approval and Promulgation Federal Energy Regulatory Commission, of Implementation Plans; Tennessee; Re- PRESIDENT transmitting the Commission’s final rule — gional Haze State Implementation Plan; Electricity Market Transparency Provisions Karen L. Haas, Clerk of the House, Best Available Retrofit Technology Require- of Section 220 of the Federal Power Act reported that on November 28, 2012, she ments for Eastman Chemical Company [Docket No.: RM10-12-000; Order No. 768] represented to the President of the [EPA-R04-OAR-2009-0786; FRL-9752-5] received November 16, 2012, pursuant to 5 United States, for his approval, the fol- ceived November 14, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- U.S.C. 801(a)(1)(A); to the Committee on En- lowing bills. ergy and Commerce. ergy and Commerce. 8505. A letter from the Director, Defense H.R. 6063. To amend title 18, United States 8499. A letter from the Chief of Staff, Wire- Security Cooperation Agency, transmitting Code, with respect to child pornography and less Telecommunications Bureau, Federal Transmittal No. 12-56, pursuant to the re- child exploitation offenses. Communications Commission, transmitting porting requirements of Section 36(b)(1) of H.R. 6570. To amend the American Recov- the Commission’s final rule — Amendment of the Arms Export Control Act, as amended; to ery and Reinvestment Act of 2009 and the the Amateur Service Rules Governing Quali- the Committee on Foreign Affairs. Emergency Economic Stabilization Act of fying Examination Systems and Other Mat- 8506. A letter from the Director, Defense 2008 to consolidate certain CBO reporting re- ters; Amendment of Part 97 of the Commis- Security Cooperation Agency, transmitting quirements. sion’s Amateur Service Rules to Give Perma- Transmittal No. 12-0C, pursuant to the re- H.R. 2453. To require the Secretary of the nent Credit for Examination Elements porting requirements of Section 36(b)(5)(e) of Treasury to mint coins in commemoration of Passes; Amendment of Part 97 of the Com- the Arms Export Control Act, as amended; to Mark Twain. mission’s Rules to Facilitate Use in the the Committee on Foreign Affairs. H.R. 6118. To amend section 353 of the Pub- Amateur Radio Service of Single Slot Time 8507. A letter from the Acting Secretary, lic Health Service Act with respect to sus- Division Multiple Access Telephony and Department of Commerce, transmitting pension, revocation, and limitation of lab- Data Emissions; Request for Temporary Periodic Report on the National Emergency oratory certification. Waiver; Amendment of the Amateur Service Caused by the Lapse of the Export Adminis- H.R. 6131. To extend the Undertaking Rules Governing Vanity and Club Station tration Act of 1979 for February 26, 2012 — Spam, Spyware, And Fraud Enforcement Call Signs [WT Docket No.: 12-283] [WT August 25, 2012; to the Committee on Foreign With Enforcers beyond Borders Act of 2006, Docket No.: 09-209] received November 14, Affairs. and for other purposes. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8508. A letter from the Director, Consumer f Committee on Energy and Commerce. Financial Protection Bureau, transmitting 8500. A letter from the Deputy Bureau the semiannual report on the activities of ADJOURNMENT Chief, Public Safety and Homeland Security the Office of Inspector General for the period Mr. ELLISON. Mr. Speaker, I move Bureau, Federal Communications Commis- April 1, 2012 to September 30, 2012; to the sion, transmitting the Commission’s final Committee on Oversight and Government that the House do now adjourn. rule — Amendment of Part 90 of the Commis- Reform. The motion was agreed to; accord- sion’s Rules; Implementing a Nationwide, 8509. A letter from the Secretary, Depart- ingly (at 3 o’clock and 23 minutes Broadband Interoperable Public Safety Net- ment of Transportation, transmitting the p.m.), the House adjourned until to- work in the 700 MHz Band; Service Rules for annual report under the Federal Managers’

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Financial Integrity Act for 2012; to the Com- DEGETTE, Mr. GARDNER, Mr. LAM- By Ms. MATSUI: mittee on Oversight and Government Re- BORN, Mr. POLIS, and Mr. TIPTON): H.R. 6614. form. H.R. 6615. A bill to exclude from gross in- Congress has the power to enact this legis- 8510. A letter from the Chairman and Chief come payments from the Aurora Victim Re- lation pursuant to the following: Executive Officer, Farm Credit Administra- lief Fund to the victims of the event at the Article 1, Section 8, Clause 3 tion, transmitting the semiannual report on Century 16 Cinema in Aurora, Colorado, on By Mr. PERLMUTTER: the activities of the Office of Inspector Gen- July 20, 2012; to the Committee on Ways and H.R. 6615. eral of the Farm Credit Administration for Means. Congress has the power to enact this legis- the period April 1, 2012 through September By Mr. PRICE of Georgia: lation pursuant to the following: 30, 2012; and the semiannual Management Re- H.R. 6616. A bill to protect securities trans- Article 1, Section 8 port on the Status of Audits for the same pe- actions in the United States from enforce- By Mr. PRICE of Georgia: riod; to the Committee on Oversight and ment of certain excise taxes imposed by any H.R. 6616. Government Reform. foreign government, and for other purposes; Congress has the power to enact this legis- 8511. A letter from the Director, Trade and to the Committee on Ways and Means, and in lation pursuant to the following: Development Agency, transmitting the addition to the Committee on Foreign Af- This bill makes changes to existing law re- Agency’s Performance and Accountability fairs, for a period to be subsequently deter- lating to Article 1, Section 8 which provides Report including audited financial state- mined by the Speaker, in each case for con- that, ‘‘The Congress shall have Power To lay ments for fiscal year 2012; to the Committee sideration of such provisions as fall within and collect Taxes, Duties, Imposts, and Ex- on Oversight and Government Reform. the jurisdiction of the committee concerned. cises, to pay the debts and provide for the 8512. A letter from the Acting Assistant By Mr. SIMPSON: common Defense and general Welfare of the Attorney General, Department of Justice, H.R. 6617. A bill to provide for Indian trust United States; but all Duties, Imposts, and transmitting the Annual Report to Congress asset management reform, and for other pur- Excises shall be uniform throughout the on the implementation, enforcement, and poses; to the Committee on Natural Re- United States.’’ The Secretary of the Treas- prosecution of registration requirements sources. ury is responsible for the collection of any under Section 635 of the Adam Walsh Child By Mr. SMITH of Washington (for him- tax at the federal level. It is purview of the Protection and Safety Act of 2006 (Pub.L. self and Mr. REICHERT): Congress to determine which taxes the Sec- 109-248)(AWA); to the Committee on the Ju- H.R. 6618. A bill to further the mission of retary shall or shall not collect. Clarifying diciary. the Global Justice Information Sharing Ini- direction to the Secretary in regards to a 8513. A letter from the Commissioner, So- tiative Advisory Committee by continuing foreign financial transaction tax will ease cial Security Administration, transmitting a its development of policy recommendations the administrative and compliance burden news release on Social Security Benefit In- and technical solutions on information sharon the private financial sector and the fed- crease for 2013; to the Committee on Ways ing and interoperability, and enhancing its eral government. and Means. pursuit of benefits and cost savings for local, By Mr. SIMPSON: f State, tribal, and Federal justice agencies; H.R. 6617. to the Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS Congress has the power to enact this legis- By Mr. YOUNG of Alaska: lation pursuant to the following: Under clause 2 of rule XII, public H.R. 6619. A bill to provide for the Article I, Section 8, which grants Congress bills and resolutions of the following unencumbering of title to non-Federal land the power to regulate Commerce with the In- owned by the city of Anchorage, Alaska, for dian Tribes. titles were introduced and severally re- purposes of economic development by con- ferred, as follows: By Mr. SMITH of Washington: veyance of the Federal reversion interest to H.R. 6618. By Mr. CASSIDY (for himself, Mr. ROO- the City; to the Committee on Natural Re- Congress has the power to enact this legis- NEY, Mr. ROGERS of Michigan, Mr. sources. lation pursuant to the following: HARRIS, and Mr. BENISHEK): By Mr. LARSON of Connecticut: Article I Section 8. ‘‘. . . provide for the H.R. 6611. A bill to amend title XVIII of the H. Res. 822. A resolution electing Members common Defence and general Welfare of the Social Security Act to promote public notifi- to certain standing committees of the House United States . . .’’ cation and provide incentives to reduce drug of Representatives; considered and agreed to. By Mr. YOUNG of Alaska: shortages, and for other purposes; to the By Ms. HIRONO (for herself, Mr. H.R. 6619. Committee on Energy and Commerce, and in HANNA, Ms. HANABUSA, and Ms. Congress has the power to enact this legis- addition to the Committee on Ways and BUERKLE): lation pursuant to the following: Means, for a period to be subsequently deter- H. Res. 823. A resolution honoring and Article 4, Section 3, Clause 2 mined by the Speaker, in each case for con- praising Mother Marianne Cope for her leg- sideration of such provisions as fall within acy of compassionate care and recognizing f the jurisdiction of the committee concerned. her example of what it truly means to dedi- By Mr. MCCARTHY of California (for cate one’s life in service to others, especially ADDITIONAL SPONSORS himself, Mr. CALVERT, Mr. SCHIFF, to those she served at the leprosy settlement Under clause 7 of rule XII, sponsors Mr. SMITH of Texas, Mr. MCKEON, Mr. at Kalaupapa on the island of Molokai; to were added to public bills and resolu- PALAZZO, and Mr. ROHRABACHER): the Committee on Foreign Affairs. tions as follows: H.R. 6612. A bill to redesignate the Dryden f Flight Research Center as the Neil A. Arm- H.R. 59: Mr. GOSAR. strong Flight Research Center and the West- CONSTITUTIONAL AUTHORITY H.R. 402: Ms. MCCOLLUM. ern Aeronautical Test Range as the Hugh L. STATEMENT H.R. 816: Mr. MARCHANT. H.R. 1001: Mr. MICHAUD. Dryden Aeronautical Test Range; to the Pursuant to clause 7 of rule XII of Committee on Science, Space, and Tech- H.R. 1386: Mr. CUMMINGS. nology. the Rules of the House of Representa- H.R. 1489: Ms. ESHOO. By Mr. FRANK of Massachusetts (for tives, the following statements are sub- H.R. 1653: Ms. BONAMICI. himself and Mr. CAPUANO): mitted regarding the specific powers H.R. 1711: Mr. RANGEL. H.R. 6613. A bill to establish the Securities granted to Congress in the Constitu- H.R. 2069: Mr. BLUMENAUER. and Derivatives Commission in order to com- tion to enact the accompanying bill or H.R. 2104: Mr. PALAZZO. bine the functions of the Commodity Futures joint resolution. H.R. 2705: Ms. PINGREE of Maine and Ms. Trading Commission and the Securities and EDWARDS. By Mr. CASSIDY: Exchange Commission in a single inde- H.R. 2969: Mr. ELLISON. H.R. 6611. H.R. 3238: Ms. MOORE and Ms. MCCOLLUM. pendent regulatory commission; to the Com- Congress has the power to enact this legis- H.R. 3497: Mr. THOMPSON of California. mittee on Financial Services, and in addi- lation pursuant to the following: tion to the Committee on Agriculture, for a Article I, Section 8, Clause 3 of the United H.R. 3769: Mr. ISRAEL. period to be subsequently determined by the States Constitution. H.R. 4156: Ms. CASTOR of Florida. H.R. 4202: Mr. TIERNEY. Speaker, in each case for consideration of By Mr. MCCARTHY of California: such provisions as fall within the jurisdic- H.R. 6612. H.R. 4373: Mr. CARSON of Indiana. tion of the committee concerned. Congress has the power to enact this legis- H.R. 5741: Mr. NEAL. By Ms. MATSUI: lation pursuant to the following: H.R. 6155: Mr. GENE GREEN of Texas. H.R. 6614. A bill to amend the National Article IV, Section 3, Clause 2 of the Con- H.R. 6256: Ms. FUDGE, Mr. CLAY, and Mr. Flood Insurance Act of 1968 to allow the restitution RANGEL. building of certain structures located in spe- By Mr. FRANK of Massachusetts: H.R. 6275: Ms. MATSUI. cial flood hazard zones, and for other pur- H.R. 6613. H.R. 6312: Mr. PAULSEN. poses; to the Committee on Financial Serv- Congress has the power to enact this legis- H.R. 6320: Mr. GRIFFIN of Arkansas and Mr. ices. lation pursuant to the following: JONES. By Mr. PERLMUTTER (for himself, Article I, Section 8, Clause 3 (the Com- H.R. 6388: Mr. HANNA and Mr. KING of New Mr. COFFMAN of Colorado, Ms. merce Clause). York.

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H.R. 6413: Mr. ELLISON. H.R. 6575: Mr. PETERSON and Mr. BISHOP of GUTIERREZ, Mr. DOGGETT, Mr. CLAY, Ms. SE- H.R. 6475: Mr. FALEOMAVAEGA and Mr. Georgia. WELL, Mr. CICILLINE, Mr. MCNERNEY, Mr. TOWNS. H.R. 6587: Mr. MCNERNEY, Ms. ESHOO, and NADLER, Mr. TIERNEY, and Mr. KUCINICH. H.R. 6494: Ms. BASS of California, Mr. SHER- Mr. STARK. H.R. 6603: Mr. MATHESON. MAN, Mr. WAXMAN, Mrs. DAVIS of California, H.R. 6588: Ms. WILSON of Florida and Mr. H. Con. Res. 141: Mr. NADLER, Ms. LEE of Ms. WATERS, Ms. SPEIER, Mrs. CAPPS, Ms. ELLISON. California, Ms. ROYBAL-ALLARD, and Mr. GRI- MATSUI, Mr. BECERRA, Ms. HAHN, and Mr. H.R. 6589: Mr. BRADY of Texas, Mr. JALVA. COSTA. MCCAUL, Mr. HINOJOSA, Mr. NEUGEBAUER, Mr. H. Res. 220: Mr. DEFAZIO, Mr. SENSEN- H.R. 6495: Mr. RIGELL, Mr. PITTS, Mr. SMITH of Texas, Mr. MARCHANT, Mr. BRENNER, and Ms. NORTON. MULVANEY, Mr. SCHWEIKERT, Mr. GARRETT, FARENTHOLD, Ms. GRANGER, and Mr. OLSON. H. Res. 734: Ms. JACKSON LEE of Texas and Mr. FRANKS of Arizona, Mr. LABRADOR, Mr. H.R. 6591: Mr. BUTTERFIELD, Mr. CLARKE of Ms. HIRONO. STUTZMAN, Mr. CAMPBELL, and Mr. RIBBLE. Michigan, Mr. SCHIFF, Ms. KAPTUR, Ms. H. Res. 819: Mr. PAUL, Mr. AMASH, Ms. LEE H.R. 6527: Ms. SEWELL. CLARKE of New York, Mrs. CHRISTENSEN, Mr. of California, and Mr. MCGOVERN.

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Vol. 158 WASHINGTON, THURSDAY, NOVEMBER 29, 2012 No. 151 Senate The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, wonderful experience in getting to called to order by the Honorable TOM indivisible, with liberty and justice for all. know this quiet, very productive man. UDALL, a Senator from the State of f I have enjoyed his innate skills. He is New Mexico. APPOINTMENT OF ACTING one of the best businesspeople we have PRESIDENT PRO TEMPORE in America today, one of the best Sen- PRAYER ators we have in America today. The PRESIDING OFFICER. Today’s The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- opening prayer will be offered by Rabbi clerk will please read a communication pore. The Senator from Wisconsin. to the Senate from the President pro Baruch Frydman-Kohl, senior rabbi of f Beth Tzedec Congregation in Toronto, tempore (Mr. INOUYE). WELCOMING THE GUEST Canada. The assistant legislative clerk read CHAPLAIN The guest Chaplain offered the fol- the following letter: lowing prayer: U.S. SENATE, Mr. KOHL. Mr. President, I rise God of us all, we assemble before You PRESIDENT PRO TEMPORE, today to thank Rabbi Baruch in humility, recalling both triumph Washington, DC, November 29, 2012. Frydman-Kohl for his invocation this To the Senate: morning and welcome him and his be- and defeat, summer drought, autumn Under the provisions of rule I, paragraph 3, hurricane, and the cooperative resil- of the Standing Rules of the Senate, I hereby loved wife Josette to the Senate. ience of our Nation. In this season appoint the Honorable TOM UDALL, a Senator Rabbi Baruch’s father Jack and my after elections and before the new Con- from the State of New Mexico, to perform father Max were brothers and Euro- gress, we ask that You give these Sen- the duties of the Chair. peans during the First World War. Both ators and our government the wisdom DANIEL K. INOUYE, were exiled to Siberia. Later, after my to avoid the exclusion of either/or and President pro tempore. father immigrated to America, he to embrace the blessings of both/and. Mr. UDALL of New Mexico thereupon helped Jack and his family come to Rather than fear falling off a cliff, assumed the chair as Acting President Milwaukee. help our leaders to learn to chimney. pro tempore. Baruch is the Anne and Max In climbing, chimneying requires push- f Tanenbaum senior rabbi of Best Tzedec ing off one side of a mountain cleft and Congregation, the largest synagogue RECOGNITION OF THE MAJORITY then the other to advance higher. The community in Canada. The focus of his LEADER resistance of each face of the rock con- rabbinate has been family education, tributes to the ascent. Help these lead- The ACTING PRESIDENT pro tem- lifelong learning, and care for the ers to appreciate individual initiative pore. The majority leader is recog- housebound, hospitalized, and home- and care for the distressed, to value nized. less. Beyond the synagogue, the rabbi competition and find a path for co- f is the president of the Toronto Board operation, to be mindful of human lib- of Rabbis and recently organized the SCHEDULE erty and be grateful for mutual help, to Path of Abraham mission to bring recognize the occasional need for force Mr. REID. Mr. President, following Jews, Christians, and Muslims to the and to forcefully pursue peace. Enable leader remarks, the Senate will be in a Holy Land to explore the challenges of them to chimney up the cleft of our period of morning business for 1 hour, three religions, two nations, and one differences, to reclaim fiscal integrity with Republicans controlling the first land. and maintain social concern, to be half and the majority controlling the Baruch’s list of accomplishments and exemplars of responsibility and reason- second half. Following morning busi- credentials is as impressive as it is ableness, so that all Americans may re- ness, the Senate will resume consider- long. I ask unanimous consent to have spect and rejoice in their leadership of ation of the Defense authorization bill. a copy of his biography printed in the this great country. We will continue to work through the RECORD following my remarks. Amen. amendments to the bill during today’s The ACTING PRESIDENT pro tem- f session. Rollcall votes are expected all pore. Without objection, it is so or- throughout today. dered. PLEDGE OF ALLEGIANCE I would now yield to my friend, the (See exhibit 1.) The Honorable TOM UDALL led the senior Senator from the State of Wis- Mr. KOHL. I will just add to this list Pledge of Allegiance, as follows: consin. I will have more of an oppor- his place in my heart as a beloved cous- I pledge allegiance to the Flag of the tunity at a later time to say things in, valued friend, and welcomed reflec- United States of America, and to the Repub- about Senator KOHL, but I have had a tion of all about our fathers that was

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

S7127

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Tzedec Congregation, the largest synagogue percent of Republicans support what f the President asks us to do. community in Canada. The focus of his rab- RECOGNITION OF THE MINORITY binate has been a commitment to family So now reasonable Republicans—I education, life-long learning and care for the think it is very important—are coming LEADER housebound, hospitalized and homeless. around to what Democrats have said The ACTING PRESIDENT pro tem- Rabbi Baruch initiated the development of a all along: Let’s reassure millions of pore. The minority leader is recog- ‘‘synaplex’’ of innovative ritual and edu- Americans that taxes will not go up by nized. cational opportunities to encourage more $2,200 a year on January 1; that is, f participation in synagogue life. Beyond the synagogue, the Rabbi is the those people who are the middle class FISCAL CLIFF President of the Toronto Board of Rabbis of America. Mr. MCCONNELL. Mr. President, and recently organized the Path of Abraham Prominent Republicans are calling mission to bring Jews, Christians and Mus- on Speaker BOEHNER to end the sus- throughout the week, I have raised lims to the Holy Land to explore the chal- pense for millions of these American questions about the President’s level of lenges of three religions, two nations and families. Yesterday Republican Con- seriousness and engagement when it one land. He serves on the Board of UJA Fed- gressman TOM COLE of Oklahoma, a comes to resolving the short- and long- eration of Toronto, has served on the Execu- veteran in the House of Representa- term fiscal challenges we face. I have tive Committee of the Rabbinical Assembly, tives, urged his caucus to pass the Sen- done this because, as I have said re- and as past president of two of its regions. ate’s legislation keeping taxes low for peatedly, the President is the key to He was awarded a Coolidge Fellowship to those making less than $250,000 a year. success in all of these discussions. So I pursue research in an inter-faith community am hoping that when Secretary at the Episcopal Divinity School at Harvard That would pass by an overwhelming University. The Rabbi received his doctorate margin. All the Speaker has to do is let Geithner comes up to the Capitol in Jewish Philosophy from the Jewish Theo- it come up for a vote. I would bet a lot today, he brings a specific plan from logical Seminary and is a Rabbinic Fellow of of his Republicans would vote for it. I the President that the two parties the Shalom Hartman Institute of Jerusalem. would bet a majority of his Repub- could agree to for the good of the coun- Rabbi Frydman-Kohl is the author of schol- licans would vote for it. Virtually try. I hope to hear the administration’s arly articles in the area of Jewish philosophy every Democrat would vote for it. They specific plans for protecting jobs and and mysticism. only need 218. There are 435 Members in promoting economic growth for mid- Rabbi Baruch’s father, Jack, and Senator the House. We also noted yesterday dle-class Americans, while reducing KOHL’s father, Max, were brothers and young the debt by strengthening entitle- teenagers during the First World War when that Republican Congressman TIM they were caught between the Austrian-Hun- SCOTT of South Carolina, who is noted ments, reducing Washington’s spend- garian Empire and Czarist Russia. They were for his conservatism, admitted yester- ing, and preventing a tax hike on every taken captive and sent to exile in Siberia. day that if the Speaker brought our American taxpayer. Later, after Max’s immigration to America, bill to a vote, it would surely pass. So Up until now, the White House has he helped to bring Jack and his family to it is time the House Republican leader- preferred talking points and an appeal Milwaukee. Through their love and care for ship listened to the will of the Amer- to the hard left to a serious discussion each other, the two brothers enabled each ican people—Independents, Democrats, about how we fix the economy, reduce other to survive war and to build a new life the Federal debt, and return the coun- in America. and Republicans—and also the advice of the reasonable members of their own try to a path of growth and prosperity Rabbi Baruch is married to Josette. They for all. They are stuck on the same old are the parents of Yakov (married to Sarah), caucus. The way out of this standoff is Rafi and Amir and the doting new grand- clear. Yet we are left wondering how tired slogans, and it is really com- parents of Ilana Adi. long Republicans will force middle- pletely counterproductive. So this morning I would like to address one of The ACTING PRESIDENT pro tem- class families to wait and to worry. these recurring talking points in a lit- pore. The majority leader. Unfortunately, resolving the standoff tle more detail in the hope that the Mr. REID. Mr. President, it is a re- will not resolve every conflict over the White House puts it aside and starts markable short history, very amazing fiscal future. We have to end wasteful talking in a way that suggests they are how wonderful our country is. I note tax breaks for the richest Americans. actually serious over there about find- just in passing that my wife’s father, We agree. We agree with the majority ing a solution. I am referring to the my father-in-law, was born in Russia, of Americans. We are serious about reducing the deficit. It will take a bal- oft-repeated assertion by the White immigrated to the United States like House and reporters alike that those of the rabbi and Senator KOHL’s father. anced approach. Last year we successfully worked across party lines to cut us who insist on not raising income tax f $1 trillion worth of spending we could rates on anybody are doing so to ‘‘pro- FISCAL CLIFF not afford. Even our Republican col- tect the rich.’’ I assure you, that has leagues acknowledge budget cuts alone absolutely nothing to do with it. Check Mr. REID. Mr. President, it took 4 will not solve our fiscal challenges. We the polling data. The super-rich vote months, but Republicans are finally re- can argue over whether to give more for the Democrats. We are not insisting alizing their way back from the fiscal wasteful handouts to the wealthy. on keeping tax rates where they are to cliff has been right in front of them all They can do that tomorrow. We can protect some tiny sliver of the elec- along. In July the Senate passed legis- discuss balanced, responsible ways to torate; we are insisting on keeping tax lation to give economic certainty to 98 reduce our deficit tomorrow. But let’s rates where they are first and foremost percent of American families and 97 take care of the middle class today. to protect jobs and because we do not percent of small businesses, to every think government needs the money in f American making less than $250,000 a the first place. year. For 4 months we have been one RESERVATION OF LEADER TIME The problem, as I have said, is not vote away from a solution to this The ACTING PRESIDENT pro tem- that Washington taxes too little, but it looming crisis. For 4 months House Re- pore. Under the previous order, the is that it spends too much. But if more publicans have refused to act. Instead, leadership time is reserved. revenue is the price Democrats want to they have held the middle class hos- f exact for supporting other necessary tage to protect the richest 2 percent of reforms, then we should at least agree taxpayers—people who have enjoyed a MORNING BUSINESS that we do it in a way that does not decade of blooming income and shrink- The ACTING PRESIDENT pro tem- cost jobs and disincentivize work, as ing tax bills. pore. Under the previous order, the we all know raising rates would do.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.004 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7129 A lot of people around here seem to to work, and they can be found right in Under Tom Jurich’s leadership, stu- have forgotten that we are still in the the President’s own budget. In the dent athletes at UofL have been mak- middle of a jobs crisis. I can tell you President’s own budget he proposes ing and breaking records and stirring that lots of folks are hurting in my three different ideas that, combined, excitement deep in the hearts of Car- State of Kentucky. National unemploy- dwarf the $442 billion revenue his own dinal fans all across Kentucky and all ment is still just a hair below 8 per- Treasury estimates he could grab from over the world. Since joining the Big cent, and millions of Americans are increasing two rates. All of them cap East Conference in 2006, Cardinal teams still looking for work. the amount that higher income Ameri- have won 50 championships, with 10 of So if it is an iron law of economics cans can deduct from their income those in the 2011–2012 season alone, 10 that you get less of what you tax, why taxes, and all of them do it in a way championships just this year. on Earth would we want to raise taxes that is far less damaging than raising Our men’s basketball team ranks No. on work? Rates matter because they those tax rates while protecting mid- 2 in the Nation in total attendance affect behavior. The higher the tax dle-class taxpayers. records. Our women’s basketball team rate, the higher the disincentive to Look, I don’t like any of these ideas. ranks No. 2 in the Nation for average work. This isn’t just Republican ortho- They all hurt somebody. The govern- attendance per game. I think it is safe doxy, it is basic economics. As the non- ment spent way too much money as it to say Cardinal fans love their basket- partisan Congressional Budget Office is. Frankly, I don’t think the Demo- ball. recently put it, ‘‘Increasing revenues crats are any more interested in using Tom Jurich masterminded the hiring by raising marginal tax rates on labor new revenue to lower the deficit now of legendary men’s basketball coach would reduce people’s incentive to than they have ever been. But don’t Rick Patino, who has led the Cardinals work and therefore reduce the amount tell me you have to raise rates to do it. to three Big East titles and two Final of labor supplied to the economy.’’ It is not true. The longer Democrats Fours, including one last season. Now That is the CBO, not the Republican keep saying it, the longer it is going to ranked in the top five nationally, this National Committee. They go on to say take to come up with an agreement. year’s Cardinal team is well poised to over at CBO, it would, by itself, ‘‘de- The only reason Democrats are in- make another run for the Final Four. crease output in the medium and long sisting on raising rates is because rais- Tom was also responsible for hiring term.’’ ing rates on the so-called rich is the head football coach Charlie Strong, a In the middle of a jobs crisis, that is holy grail of liberalism—the holy grail legend in the making, who has revital- the last thing we ought to be doing. of liberalism. Their aim isn’t job cre- ized the Louisville football program by Shouldn’t we at least agree on that? ation; they are interested in wealth de- leading the Cardinals to two bowl The negative effect raising rates has on struction—not job creation but wealth games and a share of the Big East labor is so widely acknowledged that destruction. championship in his short tenure there. The President needs to realize that the Joint Committee on Taxation actu- Now in Coach Strong’s third year, the he wasn’t elected President of the hard Cardinals are 9–2 and have been ranked ally has models that incorporate the left wing of the Democratic Party. He effects of doing it. They also know that was elected President of the United in the top 10 nationally this year and higher rates increase the incentive to States. He is the steward of the Na- have a chance to win the Big East title shelter income from taxation. When tion’s finances. He has a responsibility in a nationally televised game against rates are higher, the people paying to everyone to work out an agreement, Rutgers tonight. them try even harder to keep the gov- and that means he has to come up with Under Tom Jurich’s tenure, Cardinal ernment from taking what they earn. something that can get through a Re- teams have been brought home cham- In short, raising rates means less publican House of Representatives. pionships in sports as diverse as base- labor, less investment, and more incen- We are waiting on the President. We ball, field hockey, men’s soccer, wom- tive for the wealthy to waste money in can still get there, but he is going to en’s soccer, volleyball, men’s cross an attempt to shelter what they have have to lead. He can start by putting country, men’s golf, women’s golf, soft- earned. We can quibble about the mag- the campaign talking points on the ball, men’s swimming and diving, wom- nitude of these effects, but everyone shelf. I know that whacking the rich en’s swimming and diving, men’s ten- agrees they exist. works politically. It worked pretty nis, women’s indoor track, and men’s The problem is particularly acute for well for him in his campaign; I get it. and women’s outdoor track and field, those thinking about taking a second But the election is over, and it is time an extraordinary list of accomplish- job in a household, which in many to lead. ments. cases unfairly targets married women TRIBUTE TO TOM JURICH Tom Jurich has grown the school’s looking to supplement the family in- Mr. President, yesterday was an ex- physical facilities to be, in my view, come or someone considering a pro- tremely happy day for my alma mater, the best in the country. Under his lead- motion or starting a new venture. the University of Louisville, and I want ership the men’s and women’s basket- Instead of raising rates, Republicans to talk today about an extraordinary ball teams began playing in a new have proposed capping deductions individual who has achieved an incred- state-of-the-art KFC Yum! Center in through tax reform instead. If the only ible success at my university over the downtown Louisville in 2010. It is an way to get Democrats to agree to last 15 years. It has been my privilege arena equal to any college basketball progrowth tax reform and meaningful during my career to get to know a facility, college or professional, in our entitlement reform is through more number of people in all walks of life country. revenue, a smarter way to do it is by who have been highly successful. How- Under Tom Jurich, an expansion of capping deductions. Capping deduc- ever, I am hard pressed to think of a Papa John’s Cardinal Stadium was tions, or tax expenditures as some peo- more conspicuous example of success completed in 2010, giving UofL football ple call them, is a far less painful, than what Tom Jurich has accom- fans one of the best stadiums in the more economically sound, way of clos- plished for the University of Louisville country in which to watch a game, ing deficits. The Congressional Budget in athletics in the last 15 years. Mem- seating 55,000. Tom Jurich also oversaw Office agrees. As the Congressional bership in the ACC, announced yester- the construction of an extensive sports Budget Office recently put it: day, is the culmination of his extraor- park that includes new softball and Increasing revenues . . . by broadening the dinary leadership. field hockey stadiums, a soccer field tax base would probably have a smaller nega- Tom Jurich has for 15 years served as surrounded by a track, fitness trail, tive effect, or even a positive effect, on the the athletic director for the University and playground. amount of labor supplied. of Louisville, and yesterday it was an- Tom has increased participation for The White House likes to say you nounced that UofL, as I indicated, will women’s athletics, upgrading funding can’t come up with a realistic plan to be joining the Atlantic Coast Con- and support staff for existing women’s reduce the deficit without raising tax ference. The ACC will be a great home programs and adding four new women’s rates. It is not true. Not only are there for UofL and the school’s commitments sports: softball, golf, rowing, and la- plenty of ways to do it, there are ways to academics, groundbreaking re- crosse. He transitioned field hockey to do it that minimize the disincentive search, and top-ranked athletic teams. and women’s soccer and baseball to

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.005 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7130 CONGRESSIONAL RECORD — SENATE November 29, 2012 fully funded programs. For his accom- short-term consequences and needs for were there in a relatively clear glide plishment, he received the Citizens for the fiscal cliff have dominated the dis- path that would be relatively unno- Sports Equity 2000 Sports Leadership cussion. Well, that is okay; we are 1 ticed in most households. Award. month away, after all, from dire cir- Let me lay out what will happen: For his success as an athletic direc- cumstances. However, we cannot avoid There will be a 25-percent automatic tor, Tom was honored as the talking about the long term because cut to the retirement payments and Louisvillian of the Year in 2005 by the that is what we have been doing that the disability payments that are going Louisville Urban League, and he was has caused us to reach a fiscal cliff. We out now in Social Security. That would nationally recognized in 2007 as Street need to look at entitlements. Accord- be an average of $308 per month. & Smith’s Sports Business Journal and ing to Medicare trustees, for instance, The Social Security trustees put it Sports Business Daily Athletic Direc- Medicare paid $35 billion more to bene- straight out there. They have two ideas tor of the Year. The university also ficiaries than it took in last year in to shore up Social Security right now: recognized his enormous contribution payroll taxes, and its trust funds will One is to immediately and perma- to the institution by appointing him be depleted 12 years from now if we nently increase the combined payroll vice president for athletics in 2003. don’t act to save Medicare in a respon- tax on employees and employers from Yesterday, the totality of Tom sible way. 12.4 percent to 15.01 percent. That Jurich’s accomplishments was recog- The other issue that is not being would be a one-fifth increase in the nized when the ACC voted unanimously talked about very much at all is Social payroll taxes that are, in the norm, to accept the University of Louisville Security. In 2010 and 2011, Social Secu- being paid today. as its newest member. This is an excit- rity expenditures, the benefits paid to The other alternative they suggested ing time for Cardinal sports fans. We retirees and the disabled, exceeded pay- is to cut core benefits right now by $200 relish the opportunity to play in the roll tax revenue for the first time since per month. They said that would do strongest league in the Nation and 1983. So as a practical matter, we know it—$200 per month in cuts to Social Se- show that Cardinals are able to com- the Federal Government is borrowing curity checks. pete and beat anybody. to pay the Social Security needs of I don’t think anyone in America be- To my good friends from the fine today. lieves that is feasible or even desir- States such as North Carolina, Vir- Last year, 2011, the Social Security able—either of those options. So what ginia, New York, Pennsylvania, Flor- trustees reported that with benefits can we do? We can act now. We can re- ida, Indiana, Georgia, Massachusetts, paid continuing to exceed payroll, the form Social Security without cutting and South Carolina, I say ‘‘look out.’’ trust funds would be depleted in 2036, core benefits and without increasing I have been pleased to get to know after which the program would have a taxes on people who are working today. Tom well over the years, as well as his net unfunded obligation through the I introduced a new version of my De- wife Terrilynn and their wonderful end of Social Security’s 75-year valu- fend and Save Social Security Act after family. I don’t think I have ever met ation window, and that net unfunded the 2012 report came out from the anybody who has done a better job obligation would be $6.5 trillion. After trustees, and it covers the 75 year win- building an enterprise than he has, reading the trustees’ report last year, I dow and the shortfall of $8.6 trillion given what he had when he came to the drafted the Defend and Save Social Se- which is estimated, and it doesn’t raise university in 1997, and then look at it taxes on the people working today. today. He has built an athletic depart- curity Act to preserve and strengthen Here is what it does: It increases the ment that boasts a budget in the top 20 Social Security for 75 years. The longer age of retirement very gradually. When in the country, championship football we delay, the longer and more painful I introduced my bill just last year, it and basketball teams, record-setting the fix will be. I keep hearing Members of Congress, wouldn’t have affected anyone who was men’s and women’s basketball attend- and even the President, saying Social 58 years old or older. But in just that 1 ance at our new downtown arena, and Security is off the table; we are not year, because the deficits in Social Se- enormous success for all the other going to talk about it when we are curity payments going out have oc- school sports that may not get as much attention but are just as vital to the talking about the fiscal cliff. That is curred, today it is 59 years of age. No students and the community in Louis- an astonishing statement for the Presi- one 59 years of age or older would be af- ville. He has done all this while in- dent and Members of Congress to say, fected. For everyone else it would be a creasing academic success for student that we are not going to talk about 56 very slow increase of 3 months per athletes with a record 21 of 23 Cardinal percent of the spending in this country, year. For instance, the normal retire- athletic teams producing a 3.0 or high- that it is off the table, because that is ment age would reach 67—going from er grade-point average in the most re- what mandatory spending is—56 per- 66—by 2019, 68 by 2023, 69 by 2027, and 70 cently completed semester. cent of our spending in this country on by 2031. The early retirement age It is a truly extraordinary accom- an annual basis. Of that, let’s take out would be increased to 63 by 2019 and 64 plishment. I am proud of my friend Medicare, Medicaid, and Social Secu- by 2023. Tom Jurich and what he has done. I rity, which is 44 percent of the total The second point: The COLA—the want to extend to him my heartiest spending of our country. cost-of-living adjustment—would be re- congratulations from the Senate floor. According to the Social Security duced slightly when inflation is 1 per- Go Cards. trustees—1 year after the 2011 report— cent or more. Inflation has averaged I yield the floor. the Social Security trust fund reserves, about 2.5 percent, so there would be a The ACTING PRESIDENT pro tem- because we waited 1 year to do any- COLA, but it would be about $12 less if pore. The Senator from Texas is recog- thing about it, will now be depleted in inflation is kicking in above 1 percent. nized. 2033. That is 3 years earlier than was There would be no core benefit cut at FISCAL CLIFF estimated just 1 year ago. And the un- all, just a slightly smaller COLA in- Mrs. HUTCHISON. Mr. President, I funded obligation for the 75-year win- crease if inflation goes up, and then we rise today to talk about the need to ad- dow has now grown to $8.6 trillion. would have a secure system. It would dress entitlement reform as part of the So we can see what happens with just be a system that would last 75 years. impending fiscal cliff. 1 year of delay to the security of Social We would not have the $8.6 trillion I am not just going to talk about the Security and the capability to keep it added to our deficit and no core bene- macro issue, I am going to talk about going. In 21 years, if we don’t do some- fits would be cut. specifics on a way that we can at least thing there will be severe cuts or se- Mr. President, I ask unanimous con- do one entitlement reform, Social Se- vere increases in taxes that will be sent for 2 more minutes. curity, and make a difference for the automatic. Without any act of Con- The ACTING PRESIDENT pro tem- long-term future of Social Security gress, they will be automatic. Talk pore. Without objection, it is so or- and the millions of Americans who de- about a fiscal cliff now, think about dered. pend on it and have earned it. the cliff Members of Congress will face Mrs. HUTCHISON. Mr. President, let It is so important that it be part of then because we didn’t do our job in ad- me just say that is not the only thing the discussion today. So much of our dressing this issue when the solutions we could do. We could change the cost

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.007 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7131 of living to the chained consumer price be initiated in the House of Represent- flowthrough entities I mentioned—you index. That would be OK. It wouldn’t atives. That is one reason the bill got are doubled-taxed if you also pay a div- get us as much of a deficit reduction through the Senate, because everybody idend or you have a capital gain. You over 75 years—a chained CPI—but it knew it couldn’t pass. It was simply a have to pay not only your corporate in- would get us at least into a better posi- statement by our Democratic col- come tax but the tax on the gain, or tion if we increased the age rate. leagues. It wasn’t serious legislation. the individual pays the tax on the divi- I just want to give a note of history. But if we look at the legislation itself, dends that are paid out by the corpora- When President Reagan was facing the we begin to see why Republicans are so tion. same issue, and the Senate was one- opposed to what the President is pro- So we already have the fourth high- party dominated and the House the posing—because of the job-killing poli- est integrated capital gains and divi- other, he got together with House cies contained in that bill the Presi- dends rates in the industrialized world Speaker Tip O’Neill, and they formed a dent would ask the House of Represent- at over 50 percent. Why would we want commission which started the increase atives to pass. to make ourselves even less competi- in age that we have today because peo- What are we talking about specifi- tive by raising these taxes? We would ple were living longer and they were cally? I don’t like to get into this kind fall even further behind our inter- working longer. We can do the same of detail very often, but somebody has national competitors with the second thing President Reagan and Tip O’Neill to at some point just discuss the actual highest capital gains rate, 56.7 percent. did, because our government is a simi- facts of what this bill would do. It Talk about a blow to the economy— lar configuration, by coming together would raise the marginal income tax which is the way the President put it 2 and acknowledging that people are liv- rates from 33 percent to 35 percent in years ago when he decided not to raise ing longer and are working longer. the fourth bracket, and in the fifth all of these rates. Of course, we all We can make accommodations for bracket from 36 percent to 39.6 per- agreed with him on that. It would be people who are in particularly phys- cent—almost 40 percent. an even bigger blow to the economy to ically strenuous jobs. I think all of us Well, what is the problem with that? do so today. Our growth rate today is understand people in those jobs may Let’s start with the fact that 53 per- less than it was 2 years ago when the not be able to work as long. We can do cent of all income from so-called President himself said these very poli- those things and fix this issue in a re- flowthrough businesses is subject to cies he is advocating would be a blow sponsible way. Let’s do it now. One these higher tax rates. That is because to the economy. more year is going to make it that most small businesses are not corpora- The last thing I would mention, everybody knows about the death tax. We much worse. We have added $2.1 trillion tions. They are called flowthrough en- have forgotten about what would hap- to the deficit in just 1 year. We can do tities—subchapter S corporations, lim- pen with the death tax. The death tax this. ited partnerships, and those kinds of Mr. President, I thank the Senator entities that pay their income taxes as rate would go to 55 percent, up from 35 percent today. A lot of people think 35 from Arizona for giving me the extra 2 if they were individuals. So they are percent is way too much and would minutes to say let’s do it now. In fact, governed by the top two marginal like to see it eliminated. I would. But the Senator from Arizona has been a rates. think about this. You would only have cosponsor of my bill to fix Social Secu- Well, they are governed by all the $1 million of the farm or the business rity. We cannot address the fiscal cliff marginal rates of the income-tax code. or the estate exempted from the tax. without talking about entitlements So when we raise those rates, we are After that, over half—55 percent—of ev- and mandatory spending, which is 56 raising taxes on much of small business erything you have worked for all your percent of our spending. Anybody can income. In fact, almost 1 million small years would have to go to Uncle Sam, do the math on that. business owners—940,000 to be exact— leaving your heirs frequently with the I yield the floor. would be hit by the higher taxes caused requirement of selling off all or part of The ACTING PRESIDENT pro tem- by the President’s proposal. That is an the business or the farm, whatever it pore. The Senator from Arizona. average, by the way, of well over 18,000 Mr. KYL. Mr. President, first, let me is, in order to pay for the estate tax. per State of the Union. It would increase the number of es- thank my colleague from Texas for her What else would it do? It goes di- tates hit by the death tax from 3,600 leadership on this and so many other rectly to business taxes, such as cap- this year to over 55,000 next year. issues that we have worked on over the ital gains taxes. It raises that from 15 There would be 24 times more farm es- years. One of my regrets in leaving the to 20 percent, which is why we are see- tates that would be hit, 13 times more Senate is that I will not be able to ing a lot of activity right now taking small businesses, 15 times more taxable work with her, and she has said the advantage of the lower rate, and we are estates. same thing about me. We will be off going to find virtually none of that This is not good for our economy, doing something else, but we are not after this rate is increased to 20 per- and it is not good for our families. The going to give up on some of the fights cent. It is one of the reasons we will go estate tax raises about 1 percent of all we have been engaged in during these back into recession, as the Congres- the tax revenue. To hurt the small years. sional Budget Office has pointed out. businesses again by raising this death I want to just begin where my col- It also raises taxes on qualified divi- tax rate is just unconscionable. league left off, about the meaning of dends from 15 percent, where it is People need to stop and think. This this fiscal cliff and what is being pro- today. The problem of raising taxes on is not just about hitting the rich; this posed as alternatives to going over the qualified dividends is, as the Wall is about hitting small business folks, fiscal cliff. I was interested this week Street Journal has reported over and the very people we anticipate will cre- that the President has embarked on over again, that companies that are ate the jobs coming out of the econ- what one newspaper referred to as ‘‘the paying dividends are dumping them all omy. fiscal cliff campaign trail.’’ We have right now so they will all be paid out Let’s turn to job creation issue for seen the pictures. He is out speaking as before the end of the year. just a second. Ernst & Young, the re- if the campaign were still going on, and If you are a retired teacher or a respected accounting firm, released a the centerpiece of his pitch—and I tired fireman or have a pension and study recently that estimated the long- heard him say it on TV again last you are counting on your investments run effects of a plan very similar to the night—is that the House of Representa- to pay dividends in the future, forget Senate bill that the President is advo- tives should pass a bill that was passed it. Once the dividends rate goes back cating—the top two rates increasing, in the Senate related to 2001 and 2003 up, corporations are not going to plow combined with the ObamaCare tax income taxes. their earnings back into dividends to rates taking effect, all of this together, The President is a constitutional the shareholders as they do today. But that study found that 710,000 jobs scholar, and he served in the Senate. these don’t even tell the whole story would be lost just as a result of this, He knows that can’t be done. It is un- because, of course, once you are taxed 710,000 jobs. constitutional. The Constitution re- as a corporation—and this pertains just The President likes to brag every quires that all revenue measures must to the corporations, not the now and then that we have an increase

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.008 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7132 CONGRESSIONAL RECORD — SENATE November 29, 2012 of 100,000 or 115,000 jobs in a month. ness and improve our standard of liv- on the ‘‘fiscal cliff’’ of expiring tax provi- Here is 710,000 jobs they say would be ing. sions and automatic spending cuts. Second, lost just from the increase in these tax Many studies have found that low- it will need to raise the debt ceiling. rates. Our gross domestic product ering our corporate rate will increase In taking on these challenges, we call on Congress to avoid raising marginal tax rates would decline by $200 billion, and wages growth, including one which found that on employers, either as part of negotiations would fall by 1.8 percent. cutting the corporate tax rate by 10 over the fiscal cliff, or as part of larger effort I know these statistics make our percentage points can increase the an- to reform the tax code. Instead, Congress eyes glaze over sometimes, but these nual growth rate by around 1.1 percent. should seek to enact comprehensive tax re- are the facts; these are the results. And Since we are only a little over 1.1 perform that simplifies the tax code and encour- poorer families and a weak economy cent as it is, cutting it by that much ages economic growth for both pass-through and a lot of joblessness are the result. would have a dramatic impact. businesses and corporations. To put these numbers into perspec- Comprehensive tax reform also Raising rates on individuals and employers tive, 42 business organizations rep- means lowering tax rates on individ- will harm hiring and investment now and resenting tens of millions of American into the future. According to the Congres- uals, including the 95 percent of pass- sional Budget Office, allowing top tax rates employees—including those in whole- through entities that file as individ- to rise to their pre-2001 levels and beyond saling, air conditioning, retail, fran- uals. will result in 200,000 fewer jobs early next chising industries, and others—re- The Reagan tax reform also provided year. Ernst & Young has estimated that the cently sent a letter to the congres- relief for businesses that are not struc- impact of these higher tax rates will be to sional leadership urging Congress not tured as C corporations. During Ronald reduce long-term employment levels by more to raise income taxes during negotia- Reagan’s 8 years, 20 million new jobs than 700,000, while also lowering overall in- tions over the fiscal cliff and instead to were created. More specifically, after vestment and suppressing wage levels. The prospect of higher marginal tax rates pursue comprehensive progrowth tax tax reform became law, inflation and reform. is already having an adverse impact on the unemployment fell. economy. According to the National Federa- I ask unanimous consent to have this The ACTING PRESIDENT pro tem- tion of Independent Businesses, two-thirds of letter printed in the RECORD at the end pore. The Senator’s time has expired. business owners cite the uncertainty over fu- of my remarks. Mr. KYL. Mr. President, I ask unani- ture fiscal policy as making it more difficult The ACTING PRESIDENT pro tem- mous consent to proceed an additional for them to grow their businesses and in- pore. Without objection, it is so or- 1 minute. crease employment. At the same time, the dered. The ACTING PRESIDENT pro tem- rate of business creation is at its lowest level (See exhibit 1.) pore. Without objection, it is so or- in two decades. Mr. KYL. I will conclude by quoting Although some have asked Congress to dered. one sentence from it. enact corporate-only reform in the coming Mr. KYL. If we are interested in year, there is no economic or political jus- We call on Congress to avoid raising mar- growth, Congress must avoid raising ginal tax rates on employers, either as part tification for reform that lowers marginal of negotiations over the fiscal cliff, or as tax rates in the lameduck session and tax rates on corporations while raising ei- part of a larger effort to reform the tax code. instead pursue tax reform, which sends ther marginal or effective tax rates on the 95 Instead, Congress should seek to enact com- a signal to the world that we are open percent of businesses structured as pass- prehensive tax reform that simplifies the tax for business. through entities who employ more than half code and encourages economic growth for Short of going off the fiscal cliff en- of the U.S. workforce. Finally, we are eager to see Congress enact both passthrough businesses and corpora- tirely, passing the Senate tax increase tions. permanent, comprehensive tax reform, but instead of pursuing these progrowth this alone will not solve the long-term fiscal As I said, the passthrough entities and fiscal reform ideas is the worst imbalance. The Trustees to Social Security are those small businesses, and the cor- idea on the table. Raising the top two and Medicare have made clear that, absent porations are those that pay under the marginal rates would reverse long- reform, these programs are unsustainable. corporate tax rate. So I think the data, standing tax policy and hit nearly 1 While Congress should commit to tackling as well as the voices from employers million business owners in the process, comprehensive tax reform, it is also impera- around the country, make it clear that and it would eliminate over 700,000 tive that Congress agree to develop a long- term plan to address America’s entitlement the Senate bill, combined with the tax jobs. increases from ObamaCare, would have programs as well. So if the President is genuinely in- Simply put, we need to reform our tax code a devastating effect on economic terested in economic growth and high- and we need to reform our entitlements. growth and our ability to create jobs. er tax revenues that come from it, he Sincerely, What should we do instead, just to should drop his demands for the Senate Air Conditioning Contractors of Amer- summarize? I think the better ap- bill and listen to the growing bipar- ica, American Council of Engineering proach is the one the Republicans have tisan consensus that higher taxes hurt Companies, American Farm Bureau ® been proposing. We actually have a growth and lower taxes help create jobs Federation , American Foundry Soci- plan, as opposed to the administra- and prosperity. ety, American Supply Association, tion’s plan—the only part of which I American Trucking Association, EXHIBIT 1 can discern is to pass the Senate bill, AMT—The Association For Manufac- NOVEMBER 27, 2012. turing Technology, Associated Builders which raises tax rates. Our plan is to Hon. HARRY REID, and Contractors, Associated Equip- avoid the tax rate increases that would Majority Leader, U.S. Senate, Capitol Building, ment Distributors, Associated General otherwise automatically occur on Jan- Washington, DC. Contractors of America, Automotive uary 1 and commit to tax and entitle- Hon. MITCH MCCONNELL, Aftermarket Industry Association, Fi- ment reform that raises revenue Minority Leader, U.S. Senate, Capitol Building, nancial Executives International, Food through economic growth, eliminates Washington, DC. Marketing Institute, Heating, Air-con- wasteful credits and deductions and Hon. JOHN BOEHNER, ditioning & Refrigeration Distributors loopholes, and cuts spending in the fu- Speaker of the House, U.S. House of Represent- International, Independent Insurance atives, Capitol, Washington, DC. Agents & Brokers of America, Inter- ture. Hon. NANCY PELOSI, national Foodservice Distributors As- Recall that, in 1986, President Minority Leader, U.S. House of Representatives, sociation, International Franchise As- Reagan signed into law a historic tax Capitol, Washington, DC. sociation, Metals Service Center Insti- reform bill that lowered corporate and DEAR CONGRESSIONAL LEADERSHIP: As orga- tute, National Apartment Association, individual tax rates and eliminated a nizations representing millions of pass- National Association of Convenience lot of loopholes. It wasn’t a perfect bill, through businesses employing tens of mil- Stores, National Association of Whole- but the 1986 reform package can serve lions of workers, we strongly urge Congress saler-Distributors. as a guide for revenue-neutral tax re- to pursue comprehensive tax reform that National Automobile Dealers Associa- form moving forward. Cutting our cor- lowers rates on all forms of business income tion, National Beer Wholesalers Asso- while enacting significant entitlement re- ciation, National Electrical Contrac- porate tax rate—which had a combined forms that put the federal budget on a sus- tors Association, National Federation rate of 39.2 percent as the highest in tainable fiscal path. of Independent Business, National Gro- the industrialized world—would dra- Congress faces two fiscal challenges in the cers Association, National Lumber and matically boost American competitive- near future. First, it will need to take action Building Material Dealers Association,

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.010 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7133 National Marine Manufacturers Asso- raises taxes, under their plan, to ex- complaint. I am saying the President ciation, National Multi Housing Coun- pand government. That is not accept- of the United States should be dis- cil, National Restaurant Association, able. I don’t believe Congress will ac- cussing with the American people the National Retail Federation, National cept such a deal if that is what is going great danger of our time: the debt. Roofing Contractors Association, Na- The President will go out to the press tional Small Business Association, Na- on in these secret negotiations. tional Utility Contractors Association, President Obama campaigned on tax and use the buzz words that say he has Printing Industries of America, Profes- increases just on the wealthy, just on a balanced plan or a responsible path sional Beauty Association, S Corpora- raising their rates, just only $800 bil- to deficit reduction. But where are the tion Association, Service Station Deal- lion in tax increases. But now the spending reductions? What is the plan? ers of America & Allied Trades, Tire White House is demanding $1.6 trillion It seems to me the plan is to talk in Industry Association, Truck Renting in tax increases. Don’t the American general, to meet in secret day after and Leasing Association, United States people have a right to see where those day, week after week, the deadlines Chamber of Commerce, Wine & Spirits taxes fall, who they will impact, and getting closer, the fiscal cliff getting Wholesalers of America. how much they are? closer. Then, under threat of panic, The ACTING PRESIDENT pro tem- Shouldn’t the President lay out his force through some deal that main- pore. The Senator from Alabama. plan? He is the President of the United tains the status quo: more taxes, more Mr. SESSIONS. Mr. President, I ap- States and the only person who rep- spending, more debt. And it will be pre- preciate Senator KYL’s comments, and resents everybody in the country. Will sented to the Senate in a way that, if I share them. We are going to miss the that remain a secret? Will it just be re- it is not adopted immediately, the most knowledgeable fiscal tax expert vealed to us on the eve of Christmas or country will be in great fiscal danger. in the Senate, and his long career in- the eve of the new calendar year? We This process needs to be taken out of cludes time on the Finance Committee. will be asked to vote for or to ratify the shadows. We need public debate, I thank Senator KYL. like lemmings, I suppose. and then people would know the facts I want to express some reservations The White House has repeatedly as- that are now being hidden from us, hid- about the negotiations that have been serted they believe in $2.50 in spending den from Members of Congress. We going on, as I understand it from read- cuts for every $1 in tax hikes, which don’t know what is going on. The latest ing the paper, involving the fiscal cliff. does not reflect sufficient spending article in Politico today said the deal— Over the last 2 years, Congress and cuts. But if the White House now wants the so-called deal has been negotiated the President have held an endless se- $1.6 trillion in new taxes, where are the by the Speaker of the House and the $4 trillion in spending cuts? Have those ries of negotiations. There have been President. Not even HARRY REID is in Gangs of 6 and 8, a supercommittee of been laid out? Do we know what they the meetings, apparently—certainly 12, talks at the Blair House and the would be? And this is over 10 years. not the Members of the Senate or the White House. But the only thing these These spending cuts would be very Members of the House of Representa- secret talks have produced is a govern- achievable if we put our minds to it. tives. ment that skips from one crisis to the The ACTING PRESIDENT pro tem- If we had a public debate, people next. Everything has been tried but pore. The Republican time has expired. would discover that according to the Mr. SESSIONS. Mr. President, I ask open production of a 10-year plan from CBO, mandatory spending is going to unanimous consent that I be allowed to this Senate that is required by law, increase nearly 90 percent over the that would allow us to openly debate have the full 10 minutes. The ACTING PRESIDENT pro tem- next 10 years. To get the country under and discuss concretely the financial control requires some real tough focus, challenges we face today. pore. Is there objection? Without objection, it is so ordered. but it does not mean we are going to All of this secrecy allows the Presi- Mr. SESSIONS. I thank my col- have to cut spending dramatically, just dent to position himself as being in leagues for their courtesy. reduce the growth of spending. Ex- favor of a balanced plan—which is what In fact, the President has given penses on welfare are particularly in- he says: I favor a balanced plan—while speeches calling for more spending. On teresting. Mandatory spending, that is, the only comprehensive proposal, to Tuesday, he gave a speech in which he the entitlement programs of all kinds, my knowledge, he has actually laid out said he wants to use the tax hikes to is set to automatically increase 90 per- was in January or February of this ‘‘invest in training, education, science, cent over the next decade. That is over year when he laid out his budget. Of and research.’’ half of our budget. We already spend course, it was voted down unani- When you are in a deep hole and you $2.3 trillion on mandatory costs today mously. In both the House and the Sen- are borrowing almost 40 cents of every in our budget—this year we will spend ate not a single person voted for it. But dollar you spend, shouldn’t you con- 2.3 trillion—but we will spend $4.12 tril- he did lay out a financial plan for the strain yourself and not start new pro- lion in the 10th year from now. Those country. He put it on paper. grams? Or if you start a new, needed are the projected growth patterns we Basically, it increases taxes to fuel program, shouldn’t you reduce some are on. This is a huge increase, and we more spending. That is what the plan less valuable program to pay for it in- do not have the money. did. It increased taxes $1.8 trillion and stead of just taxing to create more pro- People would also learn from public increased spending $1.4 trillion over the grams? debate that welfare costs are now the agreement we just reached under the Not once in the speech did he discuss single largest item in the budget, ex- Budget Control Act in August, a year entitlements. That is the largest item ceeding Medicare—larger than Medi- ago. in our government, entitlements. Not care, larger than Social Security, larg- So we reached agreement on 10 years once did the President of the United er than the defense budget. We spend of spending limits in August, a year States discuss with the American peo- enough on these poverty programs to ago. Then January, 6 months later, he ple the problem that Social Security, send every household beneath the pov- proposes a budget that would increase Medicare, and Medicaid are on an erty line in America a check for $60,000, taxes $1.8 trillion and spending that unsustainable path and are at great each family. That is how much we are would increase another $1.4 trillion risk. Shouldn’t the President honestly spending. The President’s plan appar- over that BCA baseline: tax and spend. talk to the American people about ently would not deal with that at all. Not taxes to reduce deficits but taxes that? Indeed, the Budget Control Act of 15 to fund new spending. That is why the He didn’t discuss our $16 trillion debt months ago that was passed explicitly budget puts us on track to have $25 and how the Debt Commission he ap- failed to address some of the biggest trillion in total debt at the end of 10 pointed indicates that we are on an items in that budget. years—another almost $10 trillion in unsustainable path, heading to a fiscal I do not see how we can support a debt added to the current debt level. crisis. He did not discuss the economic plan that does not at least begin to re- Insofar as I can see, that tax-and- catastrophe that could occur if we form these programs and improve their spend policy remains his goal today. don’t get off this unsustainable path. operation. Is this going on in the secret The White House isn’t planning to The President should lead on these talks? Are they talking about it or, raise taxes to reduce the deficit. It things. I don’t think this is a partisan like the Budget Control Act, is this off-

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.003 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7134 CONGRESSIONAL RECORD — SENATE November 29, 2012 limits, not to be discussed? Will wel- duction tax credit for wind energy. which are located at the 9 manufac- fare reform be a part of the framework This is a crucial tax credit that sup- turing facilities that make components of the settlement that will be dropped ports an industry that employs lit- for wind turbines. Those facilities are on the Senate? We do not know. erally tens of thousands of workers located in the green circles shown here Meanwhile, the President demands across our entire country. Our failure on the map of New Jersey. The current more taxes and refuses to do anything in the Congress to quickly extend this level of wind production in New Jersey about waste, really. I have not seen job-creating credit has already halted has helped the State reduce its carbon any strong management leadership further development and jeopardized emissions by some 1,500 metric tons from this White House that gives me the future of this industry and the every year. confidence that we should send more good-paying jobs that come with it. I want to return to the point I make money. There are lavish conferences, The PTC, as it is known, the produc- every day I come to the floor to talk duplicative programs, billions in re- tion tax credit, has been a major driver about the production tax credit. If we fundable tax credits being mailed every of wind power development because it do not extend it, the manufacturing year to illegal aliens or children not literally leverages billions of dollars in sector in New Jersey and many other even in the United States—billions investment, which then in turn creates States will literally wither. If we do from their own department, the reports thousands of jobs. But here in the Con- not extend the PTC, we risk sending tell us. No one is managing this gov- gress we have gone back and forth re- our energy jobs overseas. This is ernment effectively. Why should the peatedly between extending it and re- flatout unacceptable. American people send one more dime tiring it. This on-again/off-again status The wind production tax credit has in taxes to Washington when we will has contributed to a boom-bust cycle strong support from a broad array of not reform and manage the money we that threatens the future of this indus- industry groups. Let me share some of are already getting from them? The try and our energy security in turn. It those groups with my colleagues and American people should not send more is time for us to act, act now, and ex- with the viewers. The U.S. Chamber of money to this dysfunctional govern- tend the PTC so the wind industry and Commerce has endorsed the extension, ment. They should insist that we fix its employees can have a secure and as well as the Governors’ Wind Energy what is going on here first. prosperous future. Coalition, the National Governors As- The ACTING PRESIDENT pro tem- Mr. President, I look forward to talk- sociation, and the American Farm Bu- pore. The time of the Senator has ex- ing about your State, New Mexico. You reau Federation, among a number of pired. know I come to the floor every day to other groups that support this exten- Mr. SESSIONS. Mr. President, I ap- talk about the importance of the PTC, sion. preciate the opportunity to share these and I focus on an individual State when Think of it this way: Wind energy is remarks. I ask for 1 additional minute I come to the floor. Today I would like made-in-America energy that bolsters to wrap up. to talk about New Jersey. U.S. manufacturing. It creates good- The ACTING PRESIDENT pro tem- New Jersey’s wind industry will suf- paying American jobs, and it puts us pore. Without objection, it is so or- fer without an extension of the PTC. on the path to energy independence. I dered. Its industry is in the early stages of de- urge my colleagues, I ask my col- Mr. SESSIONS. I thank my col- velopment, but the Garden State is al- leagues of both parties to stand with leagues. ready making real progress in becom- me and stand for American manufac- I would say I am concerned about the ing a manufacturing center for wind. turing and made-in-America energy. nature of these secret talks, the fact While it is a manufacturing center that Our wind energy industry and our en- that the Senate is really not partici- is building the turbines and blades, it ergy security are depending on it. We pating. From the reports, it is only the is also taking a leading role in devel- need to extend the PTC as soon as pos- Speaker and the President of the oping coastal wind power and then har- sible. It is that simple. The PTC equals United States discussing it, and that nessing the offshore wind potential we jobs. Let’s pass it as soon as possible. appears to be—from what I picked up— know exists in the oceans off of New I yield the floor and suggest the ab- to be true. Apparently, the majority Jersey. An environmental review ini- sence of a quorum. leader is not intimately involved, the tiative by the Interior Department has The ACTING PRESIDENT pro tem- chairman of the Budget Committee is paved the way for the sale of wind en- pore. The clerk will call the roll. not involved, and the chairman of the ergy leases off the coast of New Jersey, The legislative clerk proceeded to Finance Committee is not involved. Delaware, Maryland, and Virginia in call the roll. These are Democratic leaders in the the Outer Continental Shelf. Several The ACTING PRESIDENT pro tem- Senate, certainly not Republican lead- coastal projects are under way in the pore. The Senator from Rhode Island. ers in the Senate. Garden State, including in South Jer- Mr. REED. Mr. President, I ask unan- The Senate is a great institution. We sey off the coast of Cape May, down imous consent that the order for the ought to be engaged, and the engage- here in the southern part of New Jer- quorum call be rescinded. ment of the Senate allows the Amer- sey. New Jersey is also home to the The ACTING PRESIDENT pro tem- ican people to know what is happening. first coastal wind farm in the United pore. Without objection, it is so or- They are entitled to that. I really be- States, the Jersey Atlantic Wind Farm. dered. lieve we can do better. We must do bet- There are five turbines at that wind f farm. They are producing a total of 7.5 ter. NATIONAL DEFENSE megawatts, which is enough energy to I yield the floor. AUTHORIZATION ACT I suggest the absence of a quorum. power 2,000 homes. The ACTING PRESIDENT pro tem- Like my Home State, like the home Mr. REED. Mr. President, I rise pore. The clerk will call the roll. State of the Presiding Officer, New Jer- today in support of the National De- The legislative clerk proceeded to sey knows we need an all-of-the-above fense Authorization Act for Fiscal Year call the roll. energy strategy to improve our energy 2013. I wish to commend the work of Mr. UDALL of Colorado. Mr. Presi- security. My colleagues from New Jer- my colleagues on the committee, par- dent, I ask unanimous consent that the sey, Senator MENENDEZ and Senator ticularly Chairman LEVIN, who is here, order for the quorum call be rescinded. LAUTENBERG, have been fighting to ac- and Ranking Member MCCAIN, for their The ACTING PRESIDENT pro tem- celerate the transition to renewable incredible diligence, dedication, and pore. Without objection, it is so domestic energy. Both have been cham- commitment to the men and women of ordered. pions for extending crucial tax credits our Armed Forces. f such as the PTC. They know these For 50 consecutive years, the Senate credits help both New Jersey con- has passed a Defense authorization bill, WIND ENERGY TAX CREDIT sumers and New Jersey businesses in- and I hope very much that we will soon Mr. UDALL of Colorado. Mr. Presi- stall and utilize energy from the wind. be able to send the President a bill for dent, I return to the floor of the Senate The wind energy industry supports his signature consistent with that to urge all of us here to extend the pro- close to 500 New Jersey jobs, many of record of faithful service to those who

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.012 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7135 serve us so faithfully. We owe it to our will retain the flexibility to pursue al- I have joined with Senators RUBIO, servicemembers and to the Nation to ternative fuel technologies that not MCCASKILL, and WHITEHOUSE to intro- quickly but very deliberately pass this only help them achieve their mission duce amendment No. 3017 to curb the legislation and send it forward to the but also help our country reduce our out-of-pocket prescription drug costs President. We made tough decisions dependence on oil. proposed for TRICARE beneficiaries. putting this bill together—especially In addition, Senator HAGAN has of- The Department of Defense has pro- in these difficult economic times—but fered an amendment to remove a provi- posed an increase in prescription drug I am confident this bill provides a sion that would prohibit the DOD from copayments for TRICARE bene- budget that allows the DOD to combat being able to enter into contracts for ficiaries. In some cases, copayments current threats, plan for future the planning, construction, or retro- could almost double or even triple. For threats, and to provide for the welfare fitting of plants and refineries to example, under the proposal, out-of- of our extraordinary men and women produce advanced biofuels. I opposed pocket costs for a brandname drug in uniform. this provision in the committee and en- picked up at a local pharmacy would I wish to note a few issues in this leg- courage my colleagues to support Sen- more than double, increasing from $12 islation. ator HAGAN’s amendment. to $26. Ensuring the fiscal soundness of First, we have endeavored to make I am also working on a few amend- TRICARE is critical, but we should improvements to the Military Lending ments I would like to mention. One limit the burden on beneficiaries in our Act, which Congress passed in 2006 in would provide further consumer credit efforts to shore up the program. order to protect Active-Duty service- protections for servicemembers, an- This amendment would curb the out- members and their families from some other would limit the increases of out- of-pocket prescription drug costs pro- types of high-cost loans and unfair of-pocket prescription drug costs, and a posed for TRICARE beneficiaries. For credit practices. The Military Lending third would create a pilot program to instance, instead of paying $26 for a Act imposed a 36-percent annual per- allow nonprofits to apply for grants to brandname drug, a TRICARE bene- centage rate cap on certain types of rehabilitate and modify homes for dis- ficiary would pay $17 at a retail phar- consumer credit extended to service- abled veterans. macy, a $5 increase from last year as members. Our intention was to protect My amendment No. 3014 would fur- opposed to a $14 increase. DOD would ther improve the Military Lending Act Active-Duty servicemembers and their be prohibited from instituting dra- provisions in the underlying bill by families from high-cost loans and un- matic increases in prescription drug strengthening its enforcement. During fair credit practices. Unfortunately, copayments in future years. Copay- the past 5 years, we have learned that lenders have been finding ways to cir- ments could only increase at the rate enforcement rules provided in the MLA cumvent these regulations. For exam- of the annual cost-of-living adjust- are not up to the task. Currently, if a ple, some payday lenders have made su- ment, or COLA. lender violates the Military Lending perficial changes to the structure of To protect beneficiaries from out-of- Act, it is a criminal misdemeanor, with their loans, styling them as ‘‘open- pocket increases, the amendment pro- violators to be fined as provided for in end’’ credit or setting the terms slight- poses to achieve the necessary savings title XVIII or up to 1 year imprison- ly longer than the regulations to get by requiring the Secretary to enroll ment or both. Criminal liability at- beneficiaries age 65 and older with around the rules under the Department taches only for knowingly violating of Defense of what constitutes ‘‘con- maintenance medication—that is, the statute. medications for chronic conditions—in sumer credit.’’ My amendment will clarify that all I am pleased that provisions I added a 5-year mail order pharmacy pilot pro- Federal agencies that enforce Federal gram. Beneficiaries would be eligible to to the underlying bill address some of credit laws can enforce the Military these problems with targeted changes opt out of the mail order program after Lending Act. In addition, it will ensure 1 year if they felt it did not adequately to improve how this law is imple- that State attorneys general and State mented. In particular, it removes defi- meet their needs. credit regulators who license and su- To ensure TRICARE beneficiaries nitional loopholes to ensure that pay- pervise many of the lenders who lend have access to their prescription medi- day and car title loans, whether struc- to our servicemembers and their fami- cations, they would be able to secure tured as closed-ended or open-ended lies can enforce the Federal law protec- an initial 30-day fill at a local retail credit, are subject to the 36-percent cap tions provided by the Military Lending pharmacy. And the amendment ensures and other protections of the MLA. Let Act. I believe our service men and that they will not be denied a mainte- me underscore the 36-percent cap. We women need a full panoply of protec- nance medication at a retail pharmacy are talking about a very generous rate tion not just from the Department of if they ever find themselves running of return on these loans to lenders, par- Defense but from every Federal agency low and in need of a quick refill. ticularly in the context of very low involved in these issues, including The amendment would expressly pro- rates across the economy. It also re- State and local agencies. I honestly be- hibit the Secretary from including quires the DOD to review its MLA rules lieve that State and local officials, par- medications for acute care needs in the periodically and to consult with finan- ticularly where there are major instal- mail order pilot program, as well as cial regulators biannually to determine lations, vigorously want to protect the medications dispensed to residents of if new credit products are harming rights and the benefits of our men and long-term care facilities. The Sec- servicemembers and should be covered women in uniform, and they should retary would also have the discretion by the Military Lending Act protec- have that opportunity. to exempt other medications and other tions. Comprehensive and fair enforcement populations. The bill has been strengthened by the of the Military Lending Act is critical This amendment is supported by the recent passage of an amendment of- to Active-Duty servicemembers and Military Coalition, a group of 30 orga- fered by Senator MARK UDALL to re- their families. My amendment is sup- nizations representing more than 5.5 move a provision in the Senate Armed ported by the Fleet Reserve Associa- million members of the uniform serv- Services Committee-reported bill that tion, the Military Officers Association ices—active, Reserve, retired, sur- would have limited the ability of the of America, the National Association vivors, veterans—and their families. Department of Defense to purchase al- of Consumer Advocates, the Military My third amendment, No. 3165, which ternative fuels, such as advanced Justice Project, the National Military is identical to the Housing Assistance biofuels. I voted against this provision Family Association, Americans for Fi- for Veterans Act that I recently intro- in the committee and joined my col- nancial Reform, the Center for Respon- duced, would create a new pilot pro- leagues in urging a vote for this sible Lending, the Consumer Federa- gram at the Department of Housing amendment. Reducing our dependence tion of America, the National Con- and Urban Development that would on oil requires a smart, balanced, and sumer Law Center on behalf of its low- provide home rehabilitation and modi- responsible energy policy, one that in- income clients, and the U.S. PIRG. All fication for veterans who are low involves all government agencies, includ- of these agencies recognize the need to come or disabled and who own their ing the Department of Defense. I am protect our men and women in uni- homes or are living in the owner-occu- pleased that the Department of Defense form. pied home of a family member.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.014 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7136 CONGRESSIONAL RECORD — SENATE November 29, 2012 This amendment fills a crucial gap purchase the next block of submarines, to first thank him for his comments because it would serve all veterans authorizes the Navy to use incremental about myself and Senator MCCAIN and with disabilities, regardless of the se- funding to buy an additional Virginia- the other members of our committee. verity of the disability and whether the class submarine in fiscal year 2014, and Senator REED of Rhode Island has and disability is service connected or not. provides an additional $777.7 million in will continue to make—and, hopefully, With this amendment, eligible vet- advance procurement for that second for many decades to come—an extraor- erans would have the opportunity to boat in 2014. dinary contribution to the work of this renovate and modify their existing The bill also approves the funding for body. I have seen it firsthand on the homes by installing wheelchair ramps, other major programs, including the Armed Services Committee where he is widening doors, re-equipping rooms, DDG–1000, the Aircraft Carrier Re- the chairman of the SeaPower Sub- and making necessary additions and placement Program, the DDG–51 Aegis committee, but way beyond that. He adjustments to existing structures—all destroyer program, the Littoral Com- brings an experience and a thoughtful so these homes are more suitable and bat Ship, the Joint High Speed Vessel, commitment to this work which is sec- safer for our veterans. and the P–8 maritime patrol aircraft. ond to none, and it is incredibly valu- I hope we can work together to con- I am particularly pleased about the able to every member of our committee sider these amendments, and other funding for the Virginia-class sub- to have him as a member of the com- amendments that have been proposed marines and the DDG–1000, which so mittee. I cannot express how grateful I by my colleagues. many Rhode Islanders help to build. am for that, and I cannot exaggerate As for the underlying bill, I wish to We also included language that would how grateful I am for his presence and point out a few more of its highlights. permit the Navy to use multiyear pro- for his work. The bill authorizes a 1.7-percent curement authority to buy the V–22 Os- Mr. REED. If I may simply say that across-the-board pay raise and reau- prey aircraft and the Arleigh Burke- I thank the chairman. thorizes over 30 types of bonuses and class destroyers so we can procure special payments for our men and these platforms as efficiently as pos- Mr. LEVIN. Mr. President, in a few women in uniform. sible. minutes I hope to be able to lay out a It authorizes the Secretary of De- I want to offer my particular thanks roadmap for our work here—at least fense to carry out a research program to Senator WICKER, the other members for the next couple hours. We hope to with community partners to enhance of the Seapower Subcommittee, and be able to deal with a modified Kyl DOD efforts in research, treatment, our staffs who have done an extraor- amendment as well as dispose of, we education, and outreach on mental dinary job through their diligence, hope, an Ayotte amendment and a health, substance use disorders, and their dedication, and their profound Hagan amendment. There will be de- traumatic brain injury in Guard and commitment to the men and women, bate with each of those, and this is just Reserve members, their families, and particularly, of the Navy and the Ma- tentative because I want to discuss their caregivers—a provision which I rine Corps. this, obviously, with Senator MCCAIN. worked on with Senator AYOTTE to We have a good bill before the Sen- But if this works out, there could be a have included in this bill. We have an ate. I urge adoption of the amendments couple votes in an hour or so. But, incredible problem with respect to re- I have discussed, and I would urge very again, I am not announcing that; I am turning veterans, active-duty per- quickly and very timely the passage of just sort of giving as early a warning sonnel, and their families in addressing the legislation so we can once again as I can to our colleagues as to what is their mental health challenges, and un- send the Defense authorization bill to at least a likely prospect at this time. less we fully engage all the resources the President for his signature. But, again, that is going to have to across this country, we will not be able With that, I yield the floor. await the presence of Senator MCCAIN, to successfully meet the needs of these f with whom I am working so closely on young men and women. We hope this this matter. amendment will help in that regard. CONCLUSION OF MORNING So with that, I suggest the absence of The legislation also extends authori- BUSINESS a quorum. ties to continue several ‘‘train and The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The equip’’ programs to assist foreign mili- BROWN of Ohio). Morning business is clerk will call the roll. taries in counterterrorism and counter- closed. narcotics missions. This is one of the f The assistant legislative clerk pro- emerging and critical roles that in the ceeded to call the roll. future we must embrace and support. NATIONAL DEFENSE AUTHORIZA- Mr. LEVIN. Mr. President, I ask Additionally, the legislation author- TION ACT FOR FISCAL YEAR 2013 izes $5.7 billion for the Afghanistan Se- unanimous consent that the order for The PRESIDING OFFICER. Under curity Forces Fund to build the capac- the quorum call be rescinded. the previous order, the Senate will re- ity of the Afghan Army and police so The PRESIDING OFFICER. Without sume consideration of S. 3254, which those forces can continue to take the objection, it is so ordered. the clerk will report by title. security lead throughout Afghanistan. The assistant legislative clerk read AMENDMENTS NOS. 2888, 2924, 2949, 2960, 2963, 2969, Once again, this is a central foundation as follows: 2991, 3083 to our plans to withdraw the vast majority of our forces by 2014. A bill (S. 3254) to authorize appropriations Mr. LEVIN. Mr. President, I ask for fiscal year 2013 for military activities of unanimous consent that the pending This year once again I had the honor the Department of Defense, for military con- of serving as the chairman of the struction, and for defense activities of the amendment be set aside and that the Seapower Subcommittee, alongside Department of Energy, to prescribe military following amendments be called up and Senator WICKER, my colleague from personnel strengths for such fiscal year, and agreed to en bloc, the motion to recon- Mississippi, the ranking member. for other purposes. sider be considered made and laid upon Working together, our subcommittee Pending: the table with no intervening action or focused on the needs of the Navy, the Kyl amendment No. 3123, to require regular debate: Kohl No. 2888, Manchin No. Marine Corps, and strategic mobility updates of Congress on the military implica- 2924, Webb No. 2949, Wyden No. 2960, forces. We put particular emphasis on tions of proposals of the United States and Sessions No. 2963, Heller No. 2969, supporting marine and naval forces en- Russia under consideration in negotiations Hoeven No. 2991, and Barrasso No. 3083. on nuclear arms, missile defense, and long- gaged in combat operations, improving Mr. MCCAIN. All these amendments range conventional strike system matters. efficiencies, and applying the savings have been cleared on our side. to higher priority programs. The PRESIDING OFFICER. The sen- Specifically, the bill includes the re- ior Senator from Michigan is recog- The PRESIDING OFFICER. Without quired funding for two Virginia-class nized. objection, it is so ordered. submarines, provides multiyear pro- Mr. LEVIN. Mr. President, before The amendments were agreed to, as curement authority to the Navy to Senator REED leaves the floor, I want follows:

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AMENDMENT NO. 2888 AMENDMENT NO. 2924 (D) Applicable medical studies on re- (Purpose: To require an additional element integration, including studies on the rest (Purpose: To provide for the payment of a in the report on the accuracy of the De- and recuperation needed to appropriately re- benefit for the nonparticipation of eligible fense Enrollment Eligibility Reporting cover from combat and training stress. members in the Post-Deployment/Mobiliza- System) (E) Other applicable studies on reintegration Respite Absence program due to Gov- tion policies and practices, including the rec- ernment error) On page 175, line 10, insert after ‘‘in order’’ the following ‘‘to provide for the standard- ommendations made by such studies. At the end of subtitle A of title VI, insert ization of identification credentials required (F) Appropriate recommendations for the the following: for eligibility, enrollment, transactions, and elements of a program to assist members of updates across all Department of Defense in- the National Guard and the Reserves fol- SEC. 602. PAYMENT OF BENEFIT FOR NON- stallations and’’. lowing a deployment on active duty in the PARTICIPATION OF ELIGIBLE MEM- Armed Forces in reintegrating into civilian AMENDMENT NO. 2949 BERS IN POST-DEPLOYMENT/MOBILI- life, including means of ensuring that the ZATION RESPITE ABSENCE PRO- (Purpose: To extend the temporary increase program applies uniformly across the Armed GRAM DUE TO GOVERNMENT in accumulated leave carryover for mem- ERROR. Forces and between the regular components bers of the Armed Forces) and reserve components of the Armed (a) PAYMENT OF BENEFIT.— At the end of subtitle C of title V, add the Forces. (1) IN GENERAL.—Subject to subsection (e), following: (c) REPORT.—Not later than 180 days after the Secretary concerned shall, upon applica- SEC. 526. EXTENSION OF TEMPORARY INCREASE the date of the enactment of this Act, the tion therefor, make a payment to each indi- IN ACCUMULATED LEAVE CARRY- Secretary shall submit to the congressional vidual described in paragraph (2) of $200 for OVER FOR MEMBERS OF THE ARMED defense committees a report on the study re- FORCES. each day of nonparticipation of such indi- quired by subsection (a). The report shall set Section 701(d) of title 10, United States vidual in the Post-Deployment/Mobilization forth the results of the study, including the Code, is amended by striking ‘‘September 30, Respite Absence program as described in matters specified in subsection (b), and in- 2013’’ and inserting ‘‘September 30, 2015’’. that paragraph. clude such comments and recommendation (2) COVERED INDIVIDUALS.—An individual AMENDMENT NO. 2960 in light of the study as the Secretary con- described in this paragraph is an individual (Purpose: To require a report on mechanisms siders appropriate. who— to ease the reintegration into civilian life AMENDMENT NO. 2963 (A) was eligible for participation as a of members of the National Guard and the member of the Armed Forces in the Post-De- Reserves following a deployment on active (Purpose: To authorize the posthumous hon- ployment/Mobilization Respite Absence pro- duty) orary promotion of Sergeant Paschal Conley to second lieutenant in the Army) gram; but At the end of subtitle B of title V, add the (B) as determined by the Secretary con- following: At the end of subtitle H of title V, add the cerned pursuant to an application for the SEC. 513. REPORT ON MECHANISMS TO EASE THE following: correction of the military records of such in- REINTEGRATION INTO CIVILIAN SEC. 585. POSTHUMOUS HONORARY PROMOTION dividual pursuant to section 1552 of title 10, LIFE OF MEMBERS OF THE NA- OF SERGEANT PASCHAL CONLEY TO United States Code, did not participate in TIONAL GUARD AND THE RESERVES SECOND LIEUTENANT IN THE ARMY. one or more days in the program for which FOLLOWING A DEPLOYMENT ON AC- Notwithstanding the time limitation speci- the individual was so eligible due to Govern- TIVE DUTY. fied in section 1521 of title 10, United States ment error. (a) STUDY REQUIRED.—The Secretary of De- Code, or any other time limitation with re- fense shall conduct a study of the adequacy spect to posthumous promotions for persons ECEASED INDIVIDUALS.— (b) D of mechanisms for the reintegration into ci- who served in the Armed Forces, the Presi- (1) APPLICATIONS.—If an individual other- vilian life of members of the National Guard dent is authorized to issue an appropriate wise covered by subsection (a) is deceased, and the Reserves following a deployment on posthumous honorary commission promoting the application required by that subsection active duty in the Armed Forces, including to second lieutenant in the Army under sec- shall be made by the individual’s legal rep- whether permitting such members to remain tion 1521 of such title Sergeant (retired) Pas- resentative. on active duty for a limited period after such chal Conley, a distinguished Buffalo Soldier (2) PAYMENT.—If an individual to whom deployment (often referred to as a ‘‘soft who was recommended for promotion to sec- payment would be made under subsection (a) landing’’) is feasible and advisable for facili- ond lieutenant under then-existing proce- is deceased at time of payment, payment tating and easing that reintegration. dures by General John J. Pershing. shall be made in the manner specified in sec- (b) ELEMENTS.— AMENDMENT NO. 2969 tion 1552(c)(2) of title 10, United States Code. (1) IN GENERAL.—The study required by (Purpose: To require a report on the future (c) PAYMENT IN LIEU OF ADMINISTRATIVE subsection (a) shall address the unique chal- availability of TRICARE Prime through- ABSENCE.—Payment under subsection (a) lenges members of the National Guard and out the United States) with respect to a day described in that sub- the Reserves face when reintegrating into ci- section shall be in lieu of any entitlement of vilian life following a deployment on active At the end of subtitle A of title VII, add duty in the Armed Forces and the adequacy the individual concerned to a day of adminis- the following: of the policies, programs, and activities of trative absence for such day. SEC. 704. REPORT ON THE FUTURE AVAILABILITY the Department of Defense to assist such OF TRICARE PRIME THROUGHOUT (d) CONSTRUCTION.— members in meeting such challenges. THE UNITED STATES. (1) CONSTRUCTION WITH OTHER PAY.—Any (2) PARTICULAR ELEMENTS.—The study shall (a) REPORT REQUIRED.—Not later than 120 payment with respect to an individual under take into consideration the following: days after the date of the enactment of this subsection (a) is in addition to any other pay (A) Disparities in reintegration after de- Act, the Secretary of Defense shall submit to provided by law. ployment between members of the regular the Committees on Armed Services of the (2) CONSTRUCTION OF AUTHORITY.—It is the components of the Armed Forces and mem- Senate and the House of Representatives a sense of Congress that— bers of the reserve components of the Armed report setting forth the policy of the Depart- (A) the sole purpose of the authority in Forces, including— ment of Defense on the future availability of this section is to remedy administrative er- (i) disparities in access to services, includ- TRICARE Prime under the TRICARE pro- rors; and ing, but not limited to, health care, mental gram for eligible beneficiaries in all (B) the authority in this section is not in- health counseling, job counseling, and fam- TRICARE regions throughout the United tended to establish any entitlement in con- ily counseling; States. nection with the Post-Deployment/Mobiliza- (ii) disparities in amounts of compensated (b) ELEMENTS.—The report required by sub- tion Respite Absence program. time provided to take care of personal af- section (a) shall include the following: (e) OFFSET.—The Secretary of Defense fairs; (1) A description, by region, of the dif- shall transfer $2,000,000 from the unobligated (iii) disparities in amounts of time reference in availability of TRICARE Prime balances of the Pentagon Reservation Main- quired to properly access services and to for eligible beneficiaries (other than eligible tenance Revolving Fund established under take care of personal affairs, including trav- beneficiaries on active duty in the Armed section 2674(e) of title 10, United States Code, el time; and Forces) under newly-awarded TRICARE to the Miscellaneous Receipts Fund of the (iv) disparities in costs of uncompensated managed care contracts, including, in par- events or requirements, including, but not ticular, an identification of the regions or United States Treasury. limited to, travel costs and legal fees. areas in which TRICARE Prime will no (f) DEFINITIONS.—In this section, the terms (B) Disparities in reintegration policies longer be available for such beneficiaries ‘‘Post-Deployment/Mobilization Respite Ab- and practices among the various Armed under such contracts. sence program’’ and ‘‘Secretary concerned’’ Forces and between the regular and reserve (2) A description of the transition and out- have the meaning given such terms in sec- components of the Armed Forces. reach plans for eligible beneficiaries de- tion 604(f) of the National Defense Authoriza- (C) Disparities in the lengths of time of described in paragraph (1) who will no longer tion Act for Fiscal Year 2010 (Public Law ployment between the regular and reserve have access to TRICARE Prime under the 111–84; 123 Stat. 2350). components of the Armed Forces. contracts described in that paragraph.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.001 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7138 CONGRESSIONAL RECORD — SENATE November 29, 2012 (3) An estimate of the increased costs to be The PRESIDING OFFICER. The Sen- contains language and authorization incurred for healthcare under the TRICARE ator from New Hampshire. for the actual establishment of an east program for eligible beneficiaries described Ms. AYOTTE. Mr. President, I wish coast missile site. That is one of the in paragraph (2). to talk this morning about an amend- reasons I will not be offering my (4) An estimate of the saving to be ment I had intended to offer but I am amendment today to conduct this achieved by the Department as a result of the contracts described in paragraph (1). not going to be offering today because study on environmental impact and (5) A description of the plans of the Depart- there is an important portion in the also planned deployment because the ment to continue to assess the impact on ac- House Armed Services Committee that House version already contains a recess to healthcare for eligible beneficiaries covers my concerns. That was the quirement that an east coast missile described in paragraph (2). amendment I had drafted that is co- defense site be developed. AMENDMENT NO. 2991 sponsored by Senators LIEBERMAN and Some would say—in fact, one thing I (Purpose: To express the sense of the Senate COLLINS. I appreciate their support. would like to address is that we may on the maintenance by the United States My amendment would establish an hear from the administration that they of a triad of strategic nuclear delivery sys- east coast ballistic missile defense site are working on a hedging—and a dif- tems) to make sure the east coast of our ferent hedging strategy—to make sure At the end of subtitle H of title X, add the country is protected from missile the east coast is protected. And that following: threats. Let me describe why I thought hedging strategy would be plans to de- SEC. 1084. SENSE OF SENATE ON THE MAINTE- it was very important. My amendment ploy the SM–3 Block IIB missile in Po- NANCE BY THE UNITED STATES OF A TRIAD OF STRATEGIC NUCLEAR DE- would have established both a study on land. But where we are today with the LIVERY SYSTEMS. three potential locations for an east SM–3 Block IIB shows why it is impor- (a) FINDINGS.—The Senate finds the fol- coast missile defense site, an environ- tant for us to use technology that allowing: mental impact study, and a plan for de- ready exists to protect the east coast; (1) The April 2010 Nuclear Posture Review ployment of that site. that is, because the SM–3 Block IIB is concluded that even with the reductions Where we are right now, unfortu- only a plan on a piece of paper. It specified in the New START Treaty, the nately, is we have Iran, and no one dis- doesn’t exist yet, and there have been United States should retain a nuclear ‘‘Triad’’ of land-based intercontinental bal- agrees that Iran has an active ballistic concerns relayed about its development listic missiles, submarine-launched ballistic development program. They can al- and, in fact, the development of the missiles and nuclear capable heavy bombers, ready reach Eastern Europe. Many ana- SM–3 Block IIB has already been de- noting that ‘‘[r]etaining all three Triad legs lysts believe Iran will be able to delayed to 2021, which does not meet will best maintain strategic stability at rea- velop the capacity to strike the main- where we are with the potential that sonable cost, while hedging against potential land United States with an ICBM by Iran could develop ICBM capacity by technical problems or vulnerabilities’’. 2015. Our existing missile defense sites 2015. It just would not work. (2) The resolution of ratification for the right now that protect this country But what we do know is that we al- New START Treaty, which the Senate ap- have the capacity—if, for example, ready have technology that exists, and proved on December 22, 2010, stated that ‘‘it is the sense of the Senate that United States North Korea were to launch an ICBM if we were to deploy a missile defense deterrence and flexibility is assured by a ro- toward the west coast, we would have site now on the east coast, that we bust triad of strategic delivery vehicles. To an opportunity for two shots at that would get the opportunity to have a this end, the United States is committed to missile to protect our country. look, shoot, look on the east coast accomplishing the modernization and re- In other words, if the President of were Iran to launch a missile toward placement of its strategic nuclear delivery the United States got an awful call the east coast of our country. vehicles, and to ensuring the continued flexi- that a missile was coming from North We only need to look at what hap- bility of United States conventional and nu- Korea toward the western coast of our pened recently in the conflict with clear delivery systems’’. country, he would have an opportunity Hamas, the missiles that were being (3) In a message to the Senate on February to have one shot, a look, and then a shot into Israel and the Iron Dome sys- 2, 2011, President Obama certified that he intended to ‘‘modernize or replace the triad of shot to take that missile down to pro- tem to understand the importance of strategic nuclear delivery systems: a heavy tect our country; two shots to take the missile defense. Now, that is a system bomber and air-launched cruise missile, an missile down. that focuses on short-range missiles, ICBM, and a nuclear-powered ballistic mis- But as it stands right now, when it but we all saw the number of civilians sile submarine (SSBN) and SLBM’’ and to comes to the east coast of our country, that could be protected by the capacity ‘‘maintain the United States rocket motor including the Capital, Washington, DC, of having a robust missile defense sys- industrial base’’. the center of our government where we tem, and I can’t imagine why we (b) SENSE OF SENATE.—It is the sense of the stand right now, my home State of wouldn’t want to be in the position to Senate that— New Hampshire, New York, all those (1) the United States should maintain a make sure the east coast of our coun- triad of strategic nuclear delivery systems; population centers, if Iran were to de- try would be as protected as the west and velop the capacity to have an ICBM, coast when it comes to an emerging (2) the United States is committed to mod- where we are today is we would only threat from Iran. ernizing the component weapons and deliv- get one shot at that missile if it were There is no question that the more ery systems of that triad. to be shot at the eastern coast of the we hear about the behavior of Iran, the AMENDMENT NO. 3083 United States instead of a shoot, look, more troubled we should be as a coun- (Purpose: To authorize the Secretary of De- shoot that we have if North Korea were try. Not only do they have a robust fense to maintain the readiness nd flexi- to shoot a missile toward the western missile development program, but we bility of the intercontinental ballistic mis- part of our country. all know they are also making efforts sile force) I think this is deeply troubling. We to acquire the capability of having a At the end of subtitle C of title II, add the should be developing that capacity to nuclear weapon. following: make sure our country is fully pro- Now is the time for us to act, not to SEC. 238. READINESS AND FLEXIBILITY OF tected. find ourselves in 2015 with no plans as INTERCONTINENTAL BALLISTIC MIS- SILE FORCE. I would like to address others who to how to deploy an east coast missile The Secretary of Defense may, in a manner have looked at this. This year the Na- defense site to make sure the east consistent with the obligations of the United tional Research Council recommended coast of our country has the same pro- States under international agreements— an additional ballistic missile site in tection as the west coast. Now is the (1) retain intercontinental ballistic missile the United States in the Northeast to time to act because, in addition, in 2012 launch facilities currently supporting de- more effectively protect the Eastern in the defense authorization, we asked ployed strategic nuclear delivery vehicles United States and Canada, particularly the administration to submit a plan to within the limit of 800 deployed and non-de- against Iranian ICBM threats should us as to how they would hedge, a hedg- ployed strategic launchers; (2) maintain intercontinental ballistic mis- they emerge. That is, of course, being strategy to make sure the east siles on alert or operationally deployed sta- cause some analysts believe they could coast was as protected as the west tus; and develop that capacity as soon as 2015. coast. (3) preserve intercontinental ballistic mis- The markup coming out of the House They have yet to submit that plan, sile silos in operational or warm status. Armed Services Committee already and so now is the time for us to make

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.002 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7139 sure we go forward with technology jectory of a missile coming from some- Now, think about it. Think about it. that already exists to ensure that the place—for example, the Middle East— This is 2012, and we wouldn’t even east coast of our country is protected. toward the United States. begin developing such a missile for an- I cannot imagine the President of the In conjunction with the missile de- other 9 years? This is something way United States being in a position as we fense sites that we already have in off into the future, if it works, and go forward in our country where, if a Alaska and in California, a site further there is no commitment to deploy it missile were coming from Iran toward to the east would provide what is and, indeed, the President has already our Capital, he would be told we only called a multiple-shot opportunity or talked with President Medvedev of have one shot to take that missile an ability in the event that there was Russia about further flexibility in de- down versus if a missile were coming to more than one missile or one had to signing our missile defense system. It the west coast of our country in L.A. distinguish between decoys or one of is no secret that this is potentially on from North Korea, that we would have our first missiles wasn’t effective in the chopping block, notwithstanding two shots to take that missile down. reaching its target; it would give us, in the commitments of the President ear- We want to make sure our country is effect, a second chance to shoot down lier to deploy it. protected. The threat from Iran is a the missile, which is always what we The NRC has, in fact, recommended very real threat. That is why I was want to do in planning these kinds of that there be an interceptor site on the going to offer this amendment, to missile defense systems. east coast of the United States as a make sure we had a study, an environ- In fact, this was the actual rationale possible substitute for this Block IIB. mental impact analysis and a plan that for, the actual basis for the third site This concern has been raised before, the Department of Defense could use to deployment in Poland, to improve pro- and the administration has yet failed deploy an east coast missile defense tection of the United States, while at to provide a hedging strategy that the site. the same time affording protection for fiscal year 2012 NDAA required. So we But my colleagues in the House, in- our European allies against longer have known of this deficiency, the fact cluding Representative TURNER, have range ballistic missile threats from the that the GBI system is not adequate, already addressed this issue directly Middle East. the fact that the SM–3 Block IIB sys- This is a critical point. We are in- with the requirement contained in the tem may never be deployed. We have volved in missile defense not just to House mark of the Armed Services asked for a hedging strategy. Committee. I think it is very impor- protect our allies, say, in Europe but So what do we do if none of this tant what they have done. also to protect the homeland of the works, if we don’t go forward with it? I thank the Chair very much for giv- United States of America. But the cur- We don’t have that even if the law has ing me the opportunity to speak today. rent administration’s plan seems to be required it. The PRESIDING OFFICER. The Sen- oriented toward protecting allies in What this amendment does is to ator from Arizona is recognized. Europe and not strengthening the pro- shine an even brighter light on the con- Mr. KYL. First, I would like to speak tection of the people in the United cern that I have had for a long time, to the Senator’s amendment. I want to States of America. which is why the administration hasn’t The administration says it can cover compliment her, commend her and her provided sufficient resources and atten- the ballistic missile threat from the other cosponsors—Senator LIEBERMAN, tion to our missile defense efforts to Middle East with the current inventory Senator COLLINS, and others—in their protect the homeland of the United of 30 ground-based interceptors. First effort to bring attention to what is States. That is precisely what this of all, I seriously disagree with that as- clearly a great need that is going sessment. In any event, there is no way would do. Sure, it would help with re- unmet. I agree the House’s action is to know if that can be done for sure. gard to our friends in Europe, but the very important to begin to move this Let me cite the President’s own Bal- primary point of this is to protect the process forward. listic Missile Defense Review report, American people. What is wrong with The Senator’s amendment is even which says: that? less specific than the action taken by Some examples that lead to my con- Looking ahead, it is difficult to predict the House. We are going to need a precisely how the threat to the U.S. home- cern are that in his first budget, the study of the environmental impacts land will evolve, but it is certain that it will President reduced funding for the and evaluate possible locations. It is do so. ground-based system. That is the going to have to be done. It seems to So you can’t say based upon what Ground-Based Midcourse Defense Sys- me to make sense that this amendment happened a couple of years ago, or the tem that is also known as the national would begin that process, and so I sup- deployment of the ground-based inter- missile defense system, by $500 million, port that very strongly. ceptors, that only 30 of them, bear in $1⁄2 billion. Then another billion dollars I would also like to speak to some of mind, are going to protect our home- was reduced between his fiscal year the military requirements which go to land at all. 2011 and fiscal year 2012, 5-year budget the fundamental question of whether Now how does the administration plans. So they have taken an enormous we are going to move forward. If the then plan to make up for what it has amount of money out of the develop- Senator does not want to speak further done in terms of canceling programs ment of the system that was supposed right now, I would like to speak to that that further develop the so-called to protect the United States. The issue. Ground-Based Interceptor. Well, it President cut back the number of Ms. AYOTTE. Yes. Thank you. plans to compensate for this loss of Ground-Based Interceptors for the de- Mr. KYL. All right. Mr. President, as original Ground-Based Interceptor defense of the homeland. I said, this particular amendment ployments with something that is Originally, under the Bush adminis- doesn’t require that the administration called the IIB missile, the SM–3 Block tration, it was going to be 44. Well, actually establish a site for an east IIB. that is a pretty small number when coast defense, but I do believe such a That is a missile that would be de- you stop to think about it, but they site would provide an important and ployed in Poland, for example, but the have cut it back to 30. Then in addition critical measure of protection for the problem is there is no SM–3 Block IIB they subsequently cancelled the 10 GBI east coast of the United States and missile. That is something that is in interceptors that we were going to send also those in the southeastern part of the minds of some scientists. It is on to Poland for defense of Europe as well the United States. vu-graphs. There are pictures of what as the United States. This has become more important due it might look like, but there is no such So they have not only cut back on to the cancellation of earlier plans to missile. the funding for the development of the deploy long-range ground-based inter- Indeed, without discussing classified program, they have cut back on the ac- ceptors in Poland. That is what it material here there is no way to know tual number of the interceptors that originally was going to provide, full whether we are actually even going to we have already developed. protection for the United States. That be able to develop such a missile. In Third, the President curtailed any would have provided what is called an fact, its development, rather, has al- significant development and mod- ‘‘early shot’’ or a shot early in the tra- ready been delayed to the year 2021. ernization of the GMD system, and he

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.019 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7140 CONGRESSIONAL RECORD — SENATE November 29, 2012 cancelled the Multiple Kill Vehicle system, to ensure that kind of accident and the United States. It didn’t. Both Program, which was intended to be a never would result in harm to the sides have reduced our warheads. One significant upgrade to the current Kill United States. Of course, what they are of the reasons why is because it is so Vehicle. The current design is over 20 also worried about is, if that ever hap- expensive, and the Soviet Union, now years old. pens, then there is the question of re- Russia, realized we could have driven When we talk about a kill vehicle, of taliation. How do we know this is not them into bankruptcy. It is one of the course, we are talking about what is on intentional? How do we know we reasons—one of the reasons—Russian the nose of the missile that goes up, shouldn’t retaliate? officials have cited for the collapse of the interceptor missile, how it inter- Wars can be started almost by acci- the Soviet Union. They knew Ronald cepts the ballistic missile in flight, dent, and the best protection against Reagan meant it when he said he was how it finds it, how it triggers the final that is a missile defense system that going to develop a missile defense sys- phase of the intercept, and how it actu- can ensure no harm is done even if tem. They knew they couldn’t spend ally impacts the offending missile. there is such a launch. In the mean- enough money to overcome it or, if The technology has improved dra- time, we can find out whether this is they tried, they would go into bank- matically since the 20 years that has real, whether we need to respond, ruptcy. It is expensive. elapsed from the design of the original whether we need to start another war. I don’t necessarily think we have to kill vehicle of the GBI. First of all, That is the benefit of a missile defense fear a new expensive arms race because they have reduced funding for the pro- system. there are very intelligent people in gram. Secondly, they have cut back It is beyond me why the administra- other countries, such as Russia, for ex- the number of missiles in the program. tion reduces the funding, cuts back the ample, who appreciate the fact that Third, they have stopped the develop- numbers, and kills the advanced tech- would be a fools’s errand. They may ment of the next generation of the real nology we could put into our system to want to threaten, but they are not business end of the missile, the kill ve- protect the people of the United States going to do it because they can’t afford hicle, so that it can’t improve with of America. I understand the difficult it any more now than they could back technology and improve to meet the choices that have to be made in a time in the days of the Soviet Union. They evolving threats of those that are de- of austerity, but we are not talking know the United States has the re- veloping missiles against us. about extraordinary amounts of sources to trump whatever they do Remember, countries such as Russia, money. The amendment of the Senator come up with. That is the first point. for example, have extraordinarily so- from New Hampshire simply calls for a But the second point is the moral one. Is it moral for leaders who have phisticated multiple-entry vehicles study of the location of the site and responsibility for the national security with decoys and other technology to what the impact of that would be. That of the American people to delib- try to evade a missile defense that the is the first step in deciding where to erately—knowing this is the case— United States has produced. If we don’t put this additional bit of protection. leave them vulnerable to an attack develop our technology and deploy it to I think this is a priority. To oppose that could kill millions of Americans keep up with these developments, we just the idea of investigating how we at a time? If we have the means of are not going to have an effective sys- are going to be proceeding, especially avoiding that result, we should. We do. tem. with the little bit of money that en- We have that means. It may require a Over the next 5 years the administra- tails, is difficult to understand. It is little bit more money. It may require tion intends to spend $20 billion on re- not too much to ask. We have a moral not cutting back the number of inter- gional missile defense compared with responsibility to protect our people. It ceptors we have deployed. It may re- only $4 billion for homeland missile de- makes strategic sense because of the fense. So we are going to provide pro- quire continuing with the advancement exposure of our American homeland to of technologies we know are out there. tection for our allies—European allies these long-range missile threats and and so on—but only $4 billion over the It may require siting missiles in a because of the critical vulnerability we country of Europe, on Aegis cruisers or next 5 years. That is about $1 billion a have right now. year on a system that is critical for the on the east coast of the United States. The commander of NORTHCOM, the We know how to do all these things. protection of the United States. military entity with responsibility I would ask my colleagues to recall Is it moral for leaders of the United here—General Jacoby—told Congress States to leave our people deliberately the Missile Defense Act of 1999, going last March: all the way back then, which requires vulnerable to an attack by others when No homeland task is more important than we know we have the means to prevent the United States to build a missile de- protecting the United States from a limited it, and there is a cost-benefit that obvi- fense system capable of protecting our ICBM attack . . . we must not allow regional ously favors the deployment of an addi- Nation against limited ballistic missile actors, such as North Korea, to hold U.S. pol- tional site of ground-based intercep- attacks from rogue nations and protect icy hostage by making our citizens vulnerable to a nuclear ICBM attack. tors? against any accidental and unauthor- I think for the Senator from New That is part of the problem. There ized launches from any source. We need Hampshire to propose that we begin to ensure our homeland missile defense are some people in the United States looking at where a new site might be system is as robust as possible, and a who actually believe it would be bene- and determine what the environmental missile defense site on the east coast ficial for the United States to be vul- impacts of that are as a complement to may be one of the best means for ac- nerable to a missile attack from an- what the House of Representatives has complishing this. other country. They actually believe already done in passing the bill that In other words, of course, we are con- that would be advantageous. The rea- says we need to move forward is a per- cerned about North Korea or Iran, but soning is rather weird, but it goes fectly reasonable step, and I commend there are a couple other countries in something like this: If we develop de- her and the other cosponsors of this the world that may not wish us any fenses that could protect the American amendment for bringing this matter to harm but that have extraordinarily ca- people, then other countries will want the attention of the Senate and to the pable systems—I speak specifically of to develop even more effective systems people of the United States. This is China and Russia. We have always that can try to override those defenses, part of our responsibility to our con- wanted—and the law requires us—to and that puts us into a spiral of arms stituents and all the other citizens of provide protection against the kind of development that would be very costly. our great Nation. unauthorized or accidental launch that One can argue that theory, but there The PRESIDING OFFICER. The Sen- can occur. This is not an idle concern. are a couple things wrong with it. First ator from Alabama. We spend enormous amounts of time of all, recall this was the argument Mr. SESSIONS. Mr. President, I just and energy and money trying to make used against getting out of the ABM to want follow up on the remarks of sure these extraordinarily lethal weap- Treaty to enable the United States to my colleagues Senator KYL and Sen- ons are never launched by accident or develop an antiballistic missile de- ator AYOTTE. by some unauthorized event. That is fense. It was going to create this big Last year, I asked for and obtained one of the reasons for a missile defense arms war between then-Soviet Union language in the Defense bill that would

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.020 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7141 require the Defense Department to re- The Director of National Intelligence, scribe the amendment, we would then port on the effectiveness and need and James Clapper, has testified to Congress that go to a rollcall vote on both of those ramifications of a hedging strategy for . . . ‘‘Iran already has the largest inventory amendments. That is the plan. It is not the United States, and that was due of ballistic missiles in the Middle East, and yet in a UC agreement formally be- within 75 days of the bill being passed. it is expanding the scale, reach, and sophistication of its ballistic missile forces, many cause we want to make sure we are My understanding is the Defense De- of which are inherently capable of carrying a protecting the Senators in terms of the partment produced that analysis and nuclear payload.’’ length of time they need to describe ei- they sent it to the White House as That is President Obama’s National ther their opposition to the Hagan early as last spring and it has not been Intelligence Director, and he is the amendment in the case of Senator produced. INHOFE or their support of the Cornyn So now we have the House having man to make the final opinion on that for the President. Let me quote addi- amendment in the case of Senator COR- passed language that actually funds NYN. moving forward with a hedging strat- tional language from the committee: The 2012 Annual Report to Congress on the We hope Senator KLOBUCHAR will now egy on an American-based system to be recognized for a few minutes to de- give us a layered defense, which I think Military Power of Iran by the Department of scribe a couple of amendments she has is probably necessary but because we Defense states that, in addition to increasing its missile inventories, ‘‘Iran has boosted the filed. She is not going to call them up have not gotten a report from the De- lethality and effectiveness of its existing at this point, but this would be a pe- fense Department it is hard to know. I missile systems with accuracy improve- riod for her to describe those two would first say it is not acceptable that ments and new submissions payloads.’’ amendments. we have not received that report. It has Also in the report: gone on too long. I guess I and Con- The PRESIDING OFFICER. The Sen- North Korea warned the United States in gress have been too reticent in insist- ator from Minnesota. October 2012 that the United States main- Ms. KLOBUCHAR. Madam President, ing that it be produced. land is within reach of its missiles. I would say to the Defense Depart- I thank Senator LEVIN and Senator I will wrap up, since I can’t talk ment and the administration, we ex- MCCAIN for their leadership, including much longer anyway. We have to rec- pect that report to be produced. I don’t their leadership on this very issue last ognize the grim fact there are very want to cause trouble in your world, year when the Defense Authorization dangerous countries with nuclear but it has been made, it has been sent Act was on the floor. Last year we weapons—North Korea—or are rapidly forward, and it is time to have it come made some improvements. developing them—Iran—capable of put- to the people’s representatives who Here is the issue. According to the have to make decisions about how we ting them on missiles and that have Veterans Affairs Administration, a full are going to defend America. I will be missile systems already. So North one in five female veterans at VA fa- using the various rights I have as a Korea has a missile system they be- cilities across the country says she has Senator to move that forward. lieve can reach the United States right had an issue with sexual assault or har- I wish to quote from a story in to- now. We need to be sure our defense assment. In 2010 the Department of De- day’s Washington Times, referring to a system is sufficient. I wish it weren’t fense cited more than 3,000 reports in statement made by Mr. Fereidoun so, but that is the way it is. I think the the military. We know that the vast Abbasi, who is Iran’s nuclear chief. The Defense Department understands this. majority of our soldiers are law-abid- I think the administration says it article states: ‘‘Iran will step up its ing and would not engage in this kind does, and we are doing some good uranium enrichment program by sharp- of behavior, but this is clearly an issue, things to be prepared for that. How- ly increasing the number of centrifuges and we have seen an increase. used to make nuclear fuel.’’ ever, we have to confront this question of an east coast site, and we need this I would like to again take the time There are some people still saying we to recognize Senator LEVIN and Sen- don’t know if Iran wants to go forward report. I believe we are going to need additional layered defenses, and we ator MCCAIN, who last year supported with a nuclear weapon. How could this the inclusion of the amendment that I possibly be? They have been subjected might as well prepare to do it. In the scheme of the entire investment in our introduced to preserve records of mili- to the most rigorous sanctions that are tary sexual assault in the 2012 National damaging their economy. Yet in to- national defense, it won’t be the kind of expenditure that will break the de- Defense Authorization Act. Until that day’s paper their nuclear chief says time, it was really a patchwork of rules they are accelerating their plans to go fense budget. It is something we can for each branch of the military as far forward. There is no doubt about what work into our defense budgets. as how long those records would be pre- they are doing. I wish it weren’t so. I I thank Senators AYOTTE and KYL for served. Thanks to the support of every truly wish it weren’t so. I had hoped their comments. woman Senator, we were able to get they would change their mind. Maybe I yield the floor. this changed, and so now these records they will change their mind, but it is Mr. MCCAIN. Mr. President, I suggest are preserved. false to say they haven’t made up their the absence of a quorum. mind and they are not going forward to The PRESIDING OFFICER. The But there are still some additional build a nuclear weapon. That is so clerk will call the roll. changes that can be made. Those are plainly obvious I don’t know how any- The bill clerk proceeded to call the the amendments that I submitted. body could ever suggest otherwise. The roll. There is a records retention amend- only question is, Can we somehow Mr. LEVIN. Madam President, I ask ment—and I am working with the bring to bear enough pressure on them unanimous consent that the order for chairman and ranking member on this to get them to change their mind? the quorum call be rescinded. issue—that once again tackles this There is a long article about that in to- The PRESIDING OFFICER (Mrs. issue. Unfortunately, not all records day’s paper. HAGAN). Without objection, it is so or- are being stored for 50 years, as was our I was pleased Chairman LEVIN and dered. agreement last year. Documents filed both Democratic and Republican mem- Mr. LEVIN. Madam President, we are in a restrictive reporting setting are bers of the Armed Services Committee waiting for Senator CORNYN to come to stored for just 5 years, and this amend- produced a unanimous bill. Senator the floor, and he will be speaking on ment changes that. MCCAIN, Senator LEVIN, both fine, won- the modified Cornyn amendment. We Our second amendment, No. 3103, ad- derful leaders of our committee, and also are waiting for Senator INHOFE to dresses another area of records reten- every member all signed off on the leg- come to the floor, and he will be speak- tion, and its purpose is to target the islation. I think that speaks well for ing on a Hagan amendment. Then we issue of repeat offenders. As we all our committee. They also approved would expect, after a fairly short know, sex offenders are often repeat of- this language dealing with the failure amount of debate—perhaps 10 minutes fenders, and what this does is target it of the Department to produce the hedg- but not set yet—by each of them, per- and makes clear that only substan- ing report—and it has a number of fact- haps a minute or two by the sponsors tiated charges of sexual offenses would finding points in it which I will share of the amendment, particularly in the be preserved in the permanent per- with my colleagues: case of the Hagan amendment, to de- sonnel file of the perpetrator.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.023 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7142 CONGRESSIONAL RECORD — SENATE November 29, 2012 The third amendment, No. 3104, in- spoke last night; however, I am famil- I understand that the Presiding Offi- volves sexual assault reporting and ex- iar with the amendment that is here. cer, who is the author of this amend- pands the data the Department of De- Let me share with some of the Mem- ment and who is from North Carolina— fense reports on sexual assault inci- bers here. I hope they don’t look at and I am reading now from one of the dents in the military. this amendment as just part of the Web sites, from a newspaper there say- The fourth amendment, No. 3105, amendment that was defeated yester- ing that a private company backed by tackles one of the key precursors to day. the U.S. Department of Agriculture sexual assault—sexual harassment. We talked about biofuels. There are a will build a $130 million biofuel refin- The fifth and final amendment in- lot of people here who are supportive of ery in Sampson County, with an esti- volves the disposition of sexual assault biofuels. I am supportive of biofuels. In mated 300 jobs there. They talk about cases. It makes a statement about fact, we are very active in Oklahoma what they may be doing through the what the U.S. policy should be regard- right now in developing various Department of Defense. ChemTex was ing the disposition of sexual assault biofuels. We are one of the leaders in awarded a $3.9 million grant in June to charges in the military. the Nation, and we actually have a lot convert more than 4,000 acres across 11 All of these requests came from of plants located in my State of Okla- counties to begin producing women in the military. My office has homa. This is not that issue. It is not miscanthus and switchgrass and been working with these women. They whether you believe biofuels is some- biofuel conversions. The USDA, which signed up to serve. They performed thing we are working toward in the fu- is supposed to be doing this, estimates their service well and honorably. In the ture. We are. We all know that. This is that farmers will see a net revenue in- course of their service, if they experi- whether we should take our very scarce crease of $4.5 million in growing and enced an assault that could have been defense dollars—in this case, the dol- selling grass. prevented, an assault that would not lars that would otherwise go to the De- I come to two conclusions on this. have been experienced had they not partment of Navy—and put them into One is, as I just read, they are already volunteered for the service, then our subsidizing the private sector in build- doing it now in the State of North country owes them the basic decency ing these plants. Carolina. They are already paying, sub- What we are looking at now is to ei- of ensuring them a fair trial, fair ac- sidizing these plants. That is their job, ther retrofit or build biofuel refineries. cess to health benefits, and the promise to evaluate and decide whether to sub- This is interesting because right now I of justice. That is the goal of our sidize these biotech plants or whether have a list of about 100 different biofuel that should be a function of the De- amendments. plants—many of which are in my State I appreciate the leadership of Senator partment of Energy. of Oklahoma—that are not subsidized When we look at these—I asked my LEVIN and Senator MCCAIN in not only by the Federal Government, and there working with me last year to dramati- staff before this—we didn’t have notice, is no reason for these to be subsidized to my knowledge—I asked my staff on cally alter this policy so these records by the Federal Government. This is are now preserved for 50 years but for the floor to tell me whether there are something that can be done. any of these plants currently being working this year on improvements to If you look at the Navy and the prob- that policy once again. subsidized in any way by the Depart- lems they are having right now, I think ment of Defense. His answer was no, Madam President, I yield the floor, people realize their operation and and I suggest the absence of a quorum. after a very cursory look. maintenance funds are stretched to the We do have the DOE and DOA, De- The PRESIDING OFFICER. The maximum. They have readiness prob- clerk will call the roll. partment of Agriculture and Energy, lems right now. They have a higher op doing that. I hope everyone here will Mr. INHOFE. Madam President, I re- tempo than they have had in the past. quest that the order for the quorum look at this. I will actually join the au- And I think it is important for people thor of this amendment in encouraging call be rescinded for a point of inquiry. to understand that if you keep giving The PRESIDING OFFICER. Without the Department of Agriculture and De- away $170 million here and more there, partment of Energy to look carefully objection, it is so ordered. that is coming out of O&M. It is com- Mr. INHOFE. It is my understanding at this, as well as some of our plants in ing out of our readiness. Right now, if my State of Oklahoma. On this list I that the chair has an amendment that you talk to any of the higher levels in is going be considered at the present am going to submit as part of the the Navy, they will say they have RECORD, there are about 100 plants time, and my question is, Are we ready never been in this situation before. to go into that? Is the Presiding Officer scattered throughout the country, in- They have already had readiness prob- cluding my State of Oklahoma. We going to be able to do that from up lems over the past few years, with need to look at those and evaluate there? more than one-fifth of the ships falling The PRESIDING OFFICER. The Sen- those and make the determination is short of combat readiness and fewer this a function government should per- ator from Michigan. than half of their deployed combat air- Mr. LEVIN. If the Senator would form? If so, wouldn’t it be more logical craft being mission-ready at any given to do it as we are doing it today, yield, we thank him for noting that. time. through the Department of Agriculture Senator HAGAN did have an oppor- I urge us to reconsider whether we and the Department of Energy and not tunity last night to go into her amend- should be in the business of building use our scarce readiness—in this case ment, and she was willing to do that at these plants or retrofitting them be- Navy—dollars that are desperately that time. We understood that, of cause this is something we haven’t needed to subsidize this? course, the Senator would like an op- done before. I retain the remainder of my time. I portunity to speak against the Hagan Now, Energy and Agriculture are know the Senator who is offering the amendment, which is the opportunity doing it currently. Yesterday I stood amendment may want to make some that is being provided now, and then I on the floor and talked about how we comments. Maybe not. But I urge my think it would be appropriate for some- are taking over the responsibility of colleagues to stop and realize this is one to take Senator HAGAN’s place at the Department of Energy. We are try- something brandnew, having the De- the Presiding Officer’s position so she ing to make the decisions as to how we partment of Defense do a function that can speak for a few minutes in support are going to do this. Should we be de- has heretofore been done by the De- of her amendment after the Senator veloping the progress of the biofuels— partment of Agriculture and Depart- has completed. If the Senator could which we are doing in the State of ment of Energy, and keep it that way. give us an idea about how long he ex- Oklahoma without any Federal Gov- When the appropriate time comes, I pects? ernment assistance—or should we be will ask for the yeas and nays on the Mr. INHOFE. Not more than 7 or 8 defending America with these dollars? amendment. minutes. Now, Energy, yes, they are going to I yield the floor. The PRESIDING OFFICER. The Sen- spend money on this, and the Depart- The PRESIDING OFFICER. The Sen- ator from Oklahoma. ment of Agriculture is certainly cur- ator from Michigan. Mr. INHOFE. Madam President, I was rently spending money on it, but we Mr. LEVIN. Madam President, I ask not here when the Presiding Officer have not been doing it. unanimous consent that the next

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.024 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7143 amendment in order to be called up is what I have heard from my constitu- (B) to help veterans who are filing new the Cornyn amendment, No. 3158; that ents about how outraged and upset claims to fully develop those claims prior to after the Cornyn amendment is re- they are at the current backlog of filing them, shortening the processing time required. ported it be in order for Senator HAGAN claims. (6) The common goal of the two initiatives or designee to call up her amendment, In order to capitalize on the success- of the Texas Veterans Commission, called No. 3095; that there be up to 10 minutes ful model we have implemented, this the ‘‘Texas State Strike Force Team’’ and of debate equally divided between the amendment would require the Vet- the ‘‘Fully Developed Claims Team Initia- chairman and ranking member or their erans’ Administration to report to Con- tive’’, is to reduce the backlog of claims designees prior to votes in relation to gress with a plan to address the claims pending in Texas by 17,000 within one year. the amendments in the order offered; backlog through partnerships between (7) During the first two months of these finally, there be no amendments in the Veterans’ Administration and new initiatives, the Texas Veterans Commis- sion helped veterans complete development order to either amendment prior to the other entities including State veterans of more than 2,500 backlogged claims and as- votes. affairs offices and county veterans sisted veterans with the submission of more The PRESIDING OFFICER. Is there service offices, similar to the Texas than 800 fully developed claims. objection? Veterans Commission operation in my (8) In testimony before the Subcommittee Without objection, it is so ordered. State. The purpose, of course, is to on Disability Assistance and Memorial Af- Mr. LEVIN. That means we would be eliminate the current backlog of fairs of the Committee on Veterans’ Affairs voting on the amendment of Senator claims and ensure that new claims are of the House of Representatives on Sep- tember 21, 2012, Diana Rubens, Deputy Under CORNYN first, the amendment of Sen- fully developed when they are sub- Secretary for Field Operations of the Vet- ator HAGAN second. mitted, all with the purpose of making erans Benefits Administration, indicated I yield the floor. sure that we keep our commitments to that the Department of Veterans Affairs has Mr. MCCAIN. That will take approxi- veterans who have made great sac- experienced positive outcomes in projects mately 30 minutes? Before the vote? rifices serving our country, that we with the Texas Veterans Commission, stat- Mr. LEVIN. I think Senator CORNYN will keep our commitments to them, ing that both Veterans Service Organiza- only needs about 5 minutes. We have that we will keep our promises once tions ‘‘and state and county service officers...are important partners in cleared that amendment. There is sup- they return home having suffered the port for it. VBA’s transformation to better serve Vet- wounds of war, both seen and unseen. erans.’’. Senator HAGAN only needs, I believe, I ask the support of my colleagues on (9) At the same hearing, Mr. John Limpose, 5 minutes. That means that in about 10 this important amendment. director of the regional office of the Depart- minutes—— I ask unanimous consent to set aside ment of Veterans Affairs in Waco, Texas, tes- Mr. MCCAIN. Ten minutes we will be all pending amendments and call up tified that the ‘‘TVC is working very, very ready to vote. Cornyn amendment No. 3158. well’’ with regional offices of the Depart- ment in Texas, calling the Texas Veterans Mr. LEVIN. Unless there are others The PRESIDING OFFICER. Without who wish to speak. A couple of votes. Commission a ‘‘very positive story that we objection, it is so ordered. The clerk can branch out into...all of our stake- The PRESIDING OFFICER. The Sen- will report. ator from Texas. holders.’’. The bill clerk read as follows: (b) REPORT.— AMENDMENT NO. 3158 The Senator from Texas [Mr. CORNYN] pro- (1) IN GENERAL.—Not later than 60 days Mr. CORNYN. Madam President, I poses an amendment numbered 3158. after the date of the enactment of this Act, thank the distinguished chair of the the Secretary of Veterans Affairs shall sub- Mr. CORNYN. I ask unanimous con- Armed Services Committee and rank- mit to Congress a plan to reduce the current sent the reading of the amendment be ing member for their work with us on backlog of pending claims for benefits under dispensed with. laws administered by the Secretary and this important amendment. The PRESIDING OFFICER. Without more efficiently process claims for such ben- The Veterans’ Administration defines efits in the future. a backlogged claim as one that has objection, it is so ordered. The amendment is as follows: (2) CONTENTS.—The report required by been pending for more than 125 days. paragraph (1) shall include the following: Scandalously, there are 600,000-plus (Purpose: To require the Secretary of Vet- (A) A summary of all steps the Secretary backlogged claims in the Veterans’ Ad- erans Affairs to submit to Congress a plan has taken thus far to partner with non-Fed- to reduce the current backlog of veterans eral entities in support of efforts to reduce ministration system and about two- claims) thirds of all pending claims are back- the backlog described in paragraph (1) and At the end of subtitle H of title X, add the more efficiently process claims described in logged. following: such paragraph in the future, including two There has been a lot of attention, SEC. 1084. PLAN TO PARTNER WITH STATE AND previous initiatives by the Texas Veterans particularly in my State and across the LOCAL ENTITIES TO ADDRESS VET- Commission, namely the 2008–2009 Develop- country, by veterans to this unaccept- ERANS CLAIMS BACKLOG. ment Assistant Pilot Project and the 2009– able situation. In my State we have (a) FINDINGS.—Congress makes the fol- 2011 Claims Processing Assistance Team. currently at the Veterans’ regional of- lowing findings: (B) A plan for the Secretary to partner fice in Texas a State agency called the (1) The Department of Veterans Affairs de- with non-Federal entities to support efforts Texas Veterans Commission that is fines any claim for benefits under laws ad- to reduce such backlog and more efficiently ministered by the Secretary of Veterans Af- process such claims in the future, including working with both the Waco office and fairs as backlogged if the claim has been the following: other field offices in Houston and else- pending for 125 days or more. (i) State and local agencies relating to vet- where to clear these backlogs. The (2) According to the Department, as of No- erans affairs. Texas Veterans Commission is doing vember 24, 2012, there were 899,540 pending (ii) Organizations recognized by the Sec- outstanding work, working on a vol- claims, with 604,583 (67.2 percent) of those retary for the representation of veterans untary basis to help make sure vet- considered backlogged. under section 5902 of title 38, United States erans file fully developed claims which (3) The Department’s data further shows Code. shortens the processing time dramati- that, on November 22, 2010, there were 749,934 (iii) Such other relevant government and claims pending, with only 244,129 (32.6 per- non-government entities as the Secretary cally. The goal of the Texas Veterans cent) of those considered backlogged. considers appropriate. Commission is to reduce the backlog of (4) During the past two years, both the (C) A description of how the Secretary in- VA claims in Texas by 17,000 in 1 year. overall number of backlogged claims and the tends to leverage partnerships with non-Fed- You can see from the size of the prob- percentage of all pending claims that are eral entities described in subparagraph (B) to lem this is an important first step but backlogged have doubled. eliminate such backlog, including through it is only that, a first step. The purpose (5) In order to reduce the claims backlog at increasing the percentage of claims that are of my amendment is to provide this regional offices of the Department of Vet- fully developed prior to submittal to the useful model across the country, to re- erans Affairs located in Texas, the Texas Secretary and ensuring that new claims are quire a plan from the Veterans’ Admin- Veterans Commission announced two initia- fully developed prior to their submittal. tives on July 19, 2012, to partner with the De- (D) A description of what steps the Sec- istration to deal with this backlog. I partment of Veterans Affairs— retary has taken and will take— am confident that Members will have (A) to assist veterans whose claims are al- (i) to expedite the processing of claims no trouble voting for this amendment ready backlogged to complete development that are already fully developed at the time because I am sure they have heard of those claims; and of submittal; and

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.026 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7144 CONGRESSIONAL RECORD — SENATE November 29, 2012 (ii) to support initiatives by non-Federal supply with advanced biofuels. The sources that can be reapplied to enhance entities described in subparagraph (B) to Navy Secretary Mabus, Chief of Naval readiness. help claimants gather and submit necessary Operations ADM Johnathon Greenert, The demand for fuel in theater means we depend on vulnerable supply lines—the pro- evidence for claims that were previously and Marine Corps Commandant GEN filed but require further development. tection of which puts lives at risk. Our po- (E) A description of how partnerships with James Amos wrote to the Armed Serv- tential adversaries, both on land and at sea. non-Federal entities described in subpara- ices Committee about this. understand this critical vulnerability and graph (B) will fit into the Secretary’s overall I ask unanimous consent to have seek to exploit it. The Navy and Marine claims processing transformation plan. their letter printed in the RECORD at Corps have been aggressively evaluating how Mr. CORNYN. Madam President, I the conclusion of my remarks. both energy efficiency and alternative sources of energy can provide tactical bene- ask for the yeas and nays. The PRESIDING OFFICER. Without objection, it is so ordered. fits to expeditionary forces by reducing their The PRESIDING OFFICER. Is there a dependence on external fuel supplies, as is sufficient second? (See exhibit 1.) the case at many Combat Outposts in There appears to be a sufficient sec- Mrs. HAGAN. They write that: Helmand Province today. We are quickly in- ond. The demand for fuel in theater means we corporating these promising technologies The yeas and nays were ordered. depend on vulnerable supply lines—the pro- into regular procurement. Mr. CORNYN. I yield the floor. I sug- tection of which puts lives at risk. Our po- Our military knows how to innovate in gest the absence of a quorum. tential adversaries, both on land and sea, un- areas crucial to our national defense. GPS, The PRESIDING OFFICER. The derstand this critical vulnerability and seek the internet. and much of modern medical to exploit it. The Navy and Marine Corps and surgical procedures owe their existence clerk will call the roll. have been aggressively evaluating how both to military innovation. The Navy has been a The bill clerk proceeded to call the energy efficiency and alternative sources of leader in energy innovation, moving from roll. energy can provide tactical benefits to our wind to coal, coal to oil, and then nuclear Mrs. HAGAN. Mr. President, I ask expeditionary forces. power. Our modest investment to qualify and unanimous consent the order for the If you look back in history, the partner in developing alternative sources of quorum call be rescinded. Navy’s leadership on energy innovation energy such as wind, solar, and advanced The PRESIDING OFFICER (Mr. biofuel, is a continuation of our long tradi- is nothing new. It was the Navy that tion of American ingenuity to provide great- MERKLEY). Without objection, it is so shifted from sailing ships to steam- ordered. er energy security. powered ships in the middle of the 19th In accordance with Department of Defense AMENDMENT NO. 3095 century, steam to oil in the 20th, and Policy. the Department of the Navy is pur- Mrs. HAGAN. I call up amendment pioneered nuclear power in the middle suing assured access to enemy with a bal- No. 3095. of the 20th century. anced approach that includes the flexibility The PRESIDING OFFICER. The In the 1950s, the Defense Production to use alternate sources of energy. History highlights that over-reliance on a single clerk will report. Act, which is the same entity the De- The bill clerk read as follows: critical resource jeopardizes operational suc- partment of the Navy, Department of cess and thereby degrades energy security. The Senator from North Carolina [Mrs. Energy, and Department of Agriculture We request your support in enabling the HAGAN], for herself, Mr. JOHNSON of South are working under, played a critical Department to pursue a judicious, balanced Dakota, Mrs. MURRAY, and Mr. UDALL of Col- role in the development of nuclear- and diversified energy portfolio. This course orado proposes an amendment numbered of action will enhance combat capability, re- 3095. powered submarines and the commercial nuclear power industry. duce costs and improve the security of en- The amendment is as follows: ergy supplies for our forces. Yesterday the Senate approved Sen- (Purpose: To strike the prohibition on Sincerely, DALL biofuel refinery construction) ator U ’s amendment having to do JONATHAN W. GREENERT, with the cost of fuel and being able to Strike section 2823. Chief of Naval Oper- invest in biofuels. With strong bipar- ations. Mrs. HAGAN. Mr. President, I ask tisan support this amendment passed. JAMES F. AMOS, unanimous consent to add Senators However, our work is not done in this Commandant of the Shaheen, Collins, Schumer, Stabenow, area. It is critically important that we Marine Corps, Whitehouse, Coons, Udall of New Mex- approve this amendment so the Navy RAY MABUS, Secretary of the Navy. ico, and Tester as cosponsors. can continue working with the Depart- The PRESIDING OFFICER. Without ment of Agriculture and the Depart- The PRESIDING OFFICER. The Sen- objection, it is so ordered. ment of Energy to spur the develop- ator from Oklahoma. Mr. INHOFE. With reference to the Mrs. HAGAN. Mr. President, I spoke ment of advanced biofuels refineries Udall amendment yesterday, I want to about this bill last night at length. I capable of producing cost-competitive make sure our colleagues note this is want to give a brief summary today of drop-in biofuels for our military. this amendment. I urge my colleagues to support this not the Udall amendment. This is This bipartisan amendment would re- amendment and I yield the floor. something different. This would mean move provisions from the underlying for the first time we would be spending EXHIBIT 1 bill that prohibit the Department of our DOD dollars, very scarce dollars— Defense from participating in a pro- DEPARTMENT OF THE NAVY, in this case the Department of the Washington, DC, July 9, 2012. gram with the Department of Agri- Navy—to build refineries or retrofit re- Hon. CARL LEVIN, culture and the Department of Energy Chairman, Committee on Armed Services, U.S. fineries. That has not been done before. and private industry to develop ad- Senate, Washington, DC. As I said to the Senator from North vanced biofuels refineries. It is a 1-to-1 DEAR MR. CHAIRMAN: We are concerned Carolina when she was presiding: This match. As the largest single consumer that certain legislative provisions adopted is a function that has always been per- of fuel in the world, the DOD uses ap- by the Senate Armed Services Committee formed by the Department of Energy proximately 120 million barrels of oil may restrict the Department of the Navy’s and the Department of Agriculture. In each year, spending over $17 billion in ability to improve its exposure to the price my State of Oklahoma we have several volatility of petroleum-based fuels. fiscal year 2011. This dependency on a The ability to use fuels other than petro- of these refineries and potential refin- single source of energy leaves our mili- leum will increase our flexibility and reduce eries and retrofits that are needed. tary readiness at risk. When the price the services’ vulnerability to rapid and un- However, we went through the proper of oil goes up $1, it costs the Navy an foreseen price changes, which can negatively channels, the Department of Agri- additional $30 million. We are looking impact readiness. A $1 change in the price of culture and the Department of Energy. at an investment here of $170 million a barrel of oil, for example. results in an ap- So if we vote for this amendment, it by the Department of the Navy. Last proximately $30 million change in the Navy will be the first time we are using our year alone, this additional fuel cost budget. In addition to alternative fuels, oper- readiness dollars to do something the ational and tactical energy efficiencies im- forced the Navy to pay an additional prove the endurance of our forces, reduce de- DOA and the DOE are supposed to be $500 million more because the price of pendence on a vulnerable logistics tail, and doing. That is what distinguishes the fuel was $1 higher. in the end, lower total ownership costs. difference between the two. Our senior military leaders recognize Shore energy efficiency improves the resil- Mr. JOHNSON of South Dakota. Mr. the importance of diversifying the fuel ience of our facilities and conserves re- President, I come to the floor today in

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.004 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7145 strong support of amendment No. 3095 I thank Senator HAGAN for offering The motion to lay on the table was offered by Senator HAGAN to strike sec- this amendment. I urge all my col- agreed to. tion 2823 from the National Defense leagues to support this important The PRESIDING OFFICER. The Sen- Authorization Act. amendment. ator from Michigan. Section 2823 would severely limit the I yield the floor. Mr. LEVIN. Mr. President, first, Department of Defense’s ability to use The PRESIDING OFFICER. All time members of the Armed Services Com- alternative fuels to enhance our Na- has expired. mittee, immediately after you vote on tion’s national security. This section AMENDMENT NO. 3158 this second vote, please, we are trying would needlessly prohibit the Depart- Under the previous order, the ques- to clear nominations in the hallway, so ment of Defense from entering into a tion is on agreeing to amendment No. stay around for a couple minutes, contract to plan, design, refurbish, or 3158 offered by the Senator from Texas, members of the Armed Services Com- construct a biofuels refinery or any Mr. CORNYN. mittee. other facility or infrastructure used to The Senator from Michigan. Secondly, I know the leader was refine biofuels unless such planning, Mr. LEVIN. Between the first and going to make this statement, but he design, refurbishment, or construction second votes we are having now, we had to leave for a minute, so I will is specifically authorized by law. will have an announcement as to the make it for him. We are planning on Under the authorities of the Defense next part of this roadmap. I hope all staying late tonight, and everyone can Production Act, DPA, the Department Senators who wish amendments to be expect to be here tomorrow. We are of Defense has created the Advanced considered will come between and dur- going to have votes tomorrow unless Drop-In Biofuels Production Project. ing these votes to Senator MCCAIN and we somehow or other finish this bill to- This initiative is focused on creating a myself and our staffs to discuss other night. The leader would have said that public-private partnership that will amendments which are out there and if he were here, so I am saying it for provide incentives for private sector which there is interest in pursuing. him. investment in cost-competitive, ad- The PRESIDING OFFICER. The yeas Next, after this vote, I ask unani- vanced biofuels production capability. and nays were previously ordered. mous consent that Senator BAUCUS be This initiative requires at least a one- The clerk will call the roll. recognized for 10 minutes to speak on to-one cost share with private stake- The assistant bill clerk called the amendments we have either adopted or holders. roll. are going to adopt. Mr. DURBIN. I announce that the In furtherance of this initiative, in The PRESIDING OFFICER. Without Senator from Missouri (Mrs. MCCAS- August 2011, the Department of Navy, objection, it is so ordered. the Department of Agriculture and the KILL) and the Senator from Oregon (Mr. Mr. LEVIN. Then we will line up Department of Energy signed a memo- WYDEN) are necessarily absent. some additional amendments. There Mr. KYL. The following Senators are randum of understanding to invest $510 are two we can line up now. I thought necessarily absent: the Senator from million, equally shared among them, it was going to be four, but it can only Illinois (Mr. KIRK), the Senator from for investments in the joint construc- be two at the moment that we would South Carolina (Mr. DEMINT), and the tion or retrofitting of plants and refin- take up immediately after Senator Senator from Nevada (Mr. HELLER). eries to produce advanced biofuels. BAUCUS speaks. The PRESIDING OFFICER (Mr. BEN- Now is not the time to prevent this im- I ask unanimous consent, Mr. Presi- NET). Are there any other Senators in dent, that following Senator BAUCUS’s portant program from continuing. Be- the Chamber desiring to vote? fore this project can be finalized, the The result was announced—yeas 95, remarks we then turn to Senator President has to determine that this is nays 0, as follows: MERKLEY, who will call up amendment essential to the national defense. Only [Rollcall Vote No. 208 Leg.] No. 3096 on Afghanistan, and following him Senator PORTMAN, who will call up then will it go forward. I am confident YEAS—95 that this requirement in the DPA will amendment No. 2995, and I do not have Akaka Franken Moran ensure that only the most important Alexander Gillibrand Murkowski the subject of that amendment. I ask projects for our national security will Ayotte Graham Murray unanimous consent that be the order. go forward. Barrasso Grassley Nelson (NE) The PRESIDING OFFICER. Without As chairman of the Banking Com- Baucus Hagan Nelson (FL) objection, it is so ordered. Begich Harkin mittee, which has jurisdiction over the Paul Mr. LEVIN. Mr. President, we will Bennet Hatch Portman DPA, I believe it is misguided to limit Bingaman Hoeven Pryor try to get time agreements on those the authority of the Defense Depart- Blumenthal Hutchison Reed two amendments. In the meantime we Blunt Inhofe Reid are continuing to work through amendment to continue with this project. As Boozman Inouye Risch the largest single customer of oil in the Boxer Isakson ments. We are going to have more Roberts Brown (MA) Johanns world, the Department of Defense spent Rockefeller cleared amendments. We are going to Brown (OH) Johnson (SD) $17 billion in fiscal year 2011 on fuel. Rubio get to the detention issue today. We Burr Johnson (WI) Sanders This dependency on a single source of Cantwell Kerry are going to try to get to all of the energy forces the Department of De- Cardin Klobuchar Schumer issues people want to raise today so we Carper Kohl Sessions fense to reallocate funding from other Shaheen can finish by the end of the day tomor- Casey Kyl row. We have assured everyone who is critical needs when oil prices spike. An Chambliss Landrieu Shelby increase of $1.00 in the price of oil costs Coats Lautenberg Snowe interested in the detention issue that the Department of Defense over $100 Coburn Leahy Stabenow we will be getting to that later this million. Last year alone, spikes in oil Cochran Lee Tester afternoon. Collins Levin Thune prices required the Navy to pay an ad- Conrad Lieberman Toomey VOTE ON AMENDMENT NO. 3095 ditional $500 million on higher fuel Coons Lugar Udall (CO) The PRESIDING OFFICER. Under costs. Corker Manchin Udall (NM) the previous order, the question is on The renewable fuels industry has Cornyn McCain Vitter Crapo McConnell Warner agreeing to amendment No. 3095 offered played an important role in addressing Durbin Menendez Webb by the Senator from North Carolina. our energy needs. Unfortunately, sec- Enzi Merkley Whitehouse Mr. LEVIN. Mr. President, I ask for tion 2823 would hinder our Nation’s Feinstein Mikulski Wicker the yeas and nays. ability to promote renewable energy NOT VOTING—5 The PRESIDING OFFICER. Is there a sources within our country. By strik- DeMint Kirk Wyden sufficient second? ing this provision, we will allow the Heller McCaskill There is a sufficient second. Defense Department to retain its au- The amendment (No. 3158) was agreed The clerk will call the roll. thority to take essential steps to diver- to. The bill clerk called the roll. sify the energy sources available to our Mr. WHITEHOUSE. Mr. President, I Mr. DURBIN. I announce that the military. I believe that energy security move to reconsider the vote. Senator from Missouri (Mrs. MCCAS- is an essential part of national secu- Mrs. BOXER. I move to lay that mo- KILL), the Senator from Oregon (Mr. rity. tion on the table. WYDEN) and are necessarily absent.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.021 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7146 CONGRESSIONAL RECORD — SENATE November 29, 2012 Mr. KYL. The following Senators are really one big small town. We know under this legislation and, most impor- necessarily absent: the Senator from each other, only about 1 or 2 degrees of tantly, thousands of servicemembers Illinois (Mr. KIRK), the Senator from separation. You know what. If you ask are now getting personal and private Nevada (Mr. HELLER), and the Senator if we know Uncle Joe, we all know each one-on-one attention from a trained from South Carolina (Mr. DEMINT). other. We know somebody who knows health care provider. The PRESIDING OFFICER. Are there someone very close to us. We know There is still a lot more to be done, any other Senators in the Chamber de- each other’s families. and I am proud we took steps to ad- siring to vote? These numbers are devastating. vance the ball yesterday by passing the The result was announced—yeas 54, Among the victims of suicide in Mon- Mental Health ACCESS Act as an nays 41, as follows: tana are children, parents, neighbors, amendment to the current bill. I ap- [Rollcall Vote No. 209 Leg.] friends, and sadly many are also our plaud Senator MURRAY for her work on YEAS—54 military veterans who return home the measure, and I am proud to be a co- only to be held behind an invisible Akaka Gillibrand Merkley sponsor. This provision creates com- Baucus Grassley Mikulski enemy line known as PTSD. prehensive standardized suicide preven- Begich Hagan Murray In Montana, we are a proud home to tion within the DOD. It expands eligi- Bennet Harkin Nelson (NE) more veterans than nearly any other bility for VA mental health services to Bingaman Inouye Nelson (FL) Blumenthal Johanns Pryor State per capita. We also had more family members of veterans. It creates Boxer Johnson (SD) Reed Montanans volunteer for service after more peer-to-peer counseling opportu- Brown (OH) Kerry Reid 9/11 than anywhere else in the country nities, and it requires the VA to estab- Cantwell Klobuchar Rockefeller per capita. There are nearly 300 Mon- Cardin Kohl Sanders lish accurate, reliable measures for Carper Landrieu Schumer tanans serving in Afghanistan today. mental health services. Casey Lautenberg Shaheen We are proud of these men and women, When duty calls, we in Montana an- Collins Leahy Stabenow and we are grateful. We take our re- swer proudly. This is about taking care Conrad Levin Tester Coons Lieberman Udall (CO) sponsibility to honor them very seri- of these men and women just as they Durbin Lugar Udall (NM) ously. So the statistics are all the have taken care of us. These people put Feinstein Manchin Warner more alarming. They are very impor- their lives on the line in the name of Franken Menendez Whitehouse tant. our State, our country, and our free- NAYS—41 In 2011 a report from the Center for a dom. We have a responsibility to try to Alexander Enzi Paul New American Security found that do all we can to help them return to Ayotte Graham Portman from 2005 to 2010, all across the country their families and live a reasonable, Barrasso Hatch Risch a servicemember took his or her life al- healthful life back at home. Too many Blunt Hoeven Roberts most every 36 hours. Boozman Hutchison Rubio Montanans are suffering in silence, as Brown (MA) Inhofe Sessions Matt Kuntz, the executive director of in other parts of the country. Burr Isakson Shelby the Montana chapter of the National Thank you for the opportunity to Chambliss Johnson (WI) Snowe Alliance of Mental Illness, has de- Coats Kyl bring a voice to this important cause. Thune Coburn Lee scribed Montana’s suicide epidemic as Thank you, Matt, and thank you all for Toomey Cochran McCain a public health crisis. Matt knows all Vitter taking action in the Senate to further Corker McConnell Webb too well that behind each and every our efforts to give servicemembers and Cornyn Moran one of those numbers is a family and Crapo Murkowski Wicker veterans the care and support they de- community devastated by the loss. serve. NOT VOTING—5 Matt is a veteran himself. In 2007 he I yield the floor, and I suggest the ab- DeMint Kirk Wyden lost his stepbrother, an Iraq war vet- sence of a quorum. Heller McCaskill eran. I know Matt, and I knew his step- The PRESIDING OFFICER. The The amendment (No. 3095) was agreed brother. He lost his stepbrother to sui- clerk will call the roll. to. cide. His stepbrother was so scared, so The bill clerk proceeded to call the Mr. LEVIN. Mr. President, I move to frightened to go back to Iraq after roll. reconsider the vote. serving three or four tours of duty. He The PRESIDING OFFICER. The Sen- Mr. MCCAIN. I move to lay that mo- knew—he said to Matt: If I go back, I ator from New Hampshire. tion on the table. know I am going to die. So many of my Mrs. SHAHEEN. Mr. President, I ask The PRESIDING OFFICER. The Sen- friends and buddies have died. I know if unanimous consent that the quorum ator from Arizona. I go back, I am going to die too. call be rescinded. Mr. MCCAIN. I ask unanimous con- That caused him to be very de- The PRESIDING OFFICER. Without sent to modify the consent agreement pressed, and it caused his suicide. So objection, it is so ordered. that the Senators from New Hamp- my friend Matt took action. He dedi- f shire, Ms. AYOTTE and Mrs. SHAHEEN, cated himself to raising awareness. have 15 minutes equally divided fol- Largely because of Matt’s dedication, REMEMBERING WARREN B. lowing the remarks of Senator BAUCUS. the Montana National Guard led the RUDMAN The PRESIDING OFFICER. Without way with a successful pilot program to Mrs. SHAHEEN. Mr. President, I am objection, it is so ordered. increase screening of veterans both be- pleased to come to the floor today, The Senator from Montana. fore and after deployment. That is nat- along with my colleague from New Mr. BAUCUS. I wish to take a mo- ural in Montana because, as I said ear- Hampshire, Senator AYOTTE, to honor ment to shine the light on a dark topic lier, we are really one big small town. the life and service of a distinguished in my home State of Montana. We know each other, we want to take former Member of this Senate and a On Sunday I read something that hit action, and we want to get results. proud son of New Hampshire, Warren me in the gut. The Billings Gazette re- I was proud to champion particularly B. Rudman. ported that during 2010 at least 210 the 2010 Defense authorization bill that Senator Rudman was widely and de- Montanans committed suicide. That is took the Montana National Guard servedly hailed in both life and now in according to the Montana Department model, which we developed in Montana. his death as a public servant who of Health and Human Services. That With the DOD Defense bill, it is now reached across party lines to get the was 2010. In 2011 that number was 225. implemented nationwide. Now every job done for his country and his State. Another 5,600 Montanans attempted to branch of the military has imple- Warren Rudman didn’t do this out of kill themselves last year. That is a mented screenings. We started screen- weakness, he acted so because of the startling average of about 15 per day. ing before kids go over, as soon as they strength and courage that marked his In a State with roughly 1 million resi- come back, 6 weeks later after they are entire life. An Army combat veteran of dents, that is nearly twice the national back, another 6 months later after they the Korean conflict, Warren Rudman average. are back, just continually screening, earned a Bronze Star Medal. He was an We in Montana have a saying that I personal screenings. Thousands of amateur boxer. As the attorney general think is quite accurate. Montana is health care providers have been trained for the State of New Hampshire, he was

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.007 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7147 a ferocious prosecutor. His memoir was for our country and the people of New one thing clear, and that always guided aptly entitled ‘‘Combat.’’ Hampshire. Warren Rudman in everything he did. As a Senator, Warren Rudman rel- It wasn’t the first time Warren Rud- This is what he said: ished taking on big battles. In the man had been called to duty. He had al- ‘‘I consider myself an American first 1980s, he joined with Senators Fritz ready distinguished himself in the U.S. and a Republican second.’’ Hollings and Phil Gramm to tackle Army, serving as a combat platoon That was a commitment he kept, deficits. If the Gramm-Rudman-Hol- leader and company commander during helping to lead a nonpartisan inquiry lings Act had been followed by subse- the Korean War. It was there that he that pursued the facts. He saw himself quent Congresses, we would not be saw the horrors of war and became con- as asking tough questions on behalf of struggling today to reduce massive vinced of the need for American mili- the American people and he expected deficits. tary supremacy and strength. For his answers. With the Nation in turmoil, He didn’t shrink from holding a brave service he was presented the Warren Rudman stood firm for the rule President of his own party accountable Bronze Star. of law. His rigorous commitment to un- either, when he served on the congres- Following his return home, Warren covering the truth brought credit to sional panel investigating the Iran Rudman settled in Nashua, his home- this body and great pride to the people Contra affair. Nor was he reluctant to town—also my hometown—where he of New Hampshire. hold his fellow Senators accountable raised his family. After completing law when he chaired the Senate Ethics school, Warren entered private prac- Of course, representing their inter- Committee. tice, where he remained until he was ests was always Warren Rudman’s true Warren Rudman’s public service did called to serve once again—only this passion. Warren Rudman had New not end after he left the Senate. Most time he was recruited to bring his en- Hampshire in his blood and he brought notably, he cochaired with another ergy and ideas to New Hampshire State New Hampshire common sense to Cap- former Senator, Gary Hart, a national government. Warren quickly proved itol Hill. While Warren was at the cen- security commission that correctly himself as Governor Peterson’s chief of ter of some of the most consequential predicted a terrorist attack within staff. Then, at age 39, he was appointed debates in Washington, he always put America’s borders. to serve as New Hampshire’s attorney his constituents first. In fact, legisla- Warren Rudman was always blunt general. tion he authored to help small busi- and outspoken. During the Iran Contra I am very proud to have also served nesses continues to benefit entre- hearings he said to Oliver North: as New Hampshire’s attorney general. preneurs to this day in the Granite The American people have the constitu- In my view, Warren Rudman is prob- State. tional right to be wrong. And what Ronald ably the greatest attorney general to Shortly after arriving in the Senate, Reagan thinks or Oliver North thinks or serve in New Hampshire’s history. He the first bill he introduced on behalf of what I think or what anybody else thinks modernized the office of the attorney the State of New Hampshire and our matters not a whit. general to meet the needs of a chang- country was a bill called the Small He said he left the Senate because ing State. He was a tough-on-crime at- Business Innovation Research Act, Congress was ‘‘stuck in the mud of stri- torney general who personally tried which was aimed at bolstering small dent partisanship, excessive ideology, criminal cases. high-tech companies in New Hampshire never-ending campaigns.’’ That was Warren Rudman earned a reputation and across the Nation. To this day, the how he saw Congress 20 years ago. Ob- for standing firm on principle even SBIR Program continues to help small viously, he was very aware of what was when it wasn’t popular. It was perfect defense and technology companies happening in this body. practice for the battles he would later through competitive grants, and it has But it was his more quiet work that fight in Washington on behalf of the been a very important program. That Warren Rudman was most proud of. His people of this country. was the idea of Warren Rudman the greatest achievement, he said, was his Warren ran for the Senate in 1980 be- day he came to the Senate, which is so behind-the-scenes efforts to get David cause the issues he cared about were impressive, and Senator SHAHEEN and I Souter, another son of New Hampshire, being neglected. He believed in a have proudly worked together across nominated to serve on the Supreme strong national defense and he saw the party lines to make sure this impor- Court. Nation’s fiscal situation careening dan- tant program continues to be effective. Sometimes forgotten is Senator Rud- gerously off course. He was worried Warren Rudman will be remembered man’s authorship and successful push about the threat that presented to our as a statesman, someone who loved his to enact the Small Business Innovation country’s future. country and wanted to make it better. As a first-term Senator, Warren Rud- Research Program, which to this day In bidding farewell to the Senate in man truly made his mark, and that is still enables small businesses to com- 1992, he expressed gratitude for the op- certainly not easy to do. But it showed pete for Federal research and develop- portunity to serve with such talented his character, his leadership, and his ment awards. colleagues in this esteemed body. He Warren B. Rudman lived a long and persistence because Warren Rudman’s also expressed his hopes for the future full life. His service graced the Senate, name will forever be linked with his of this body, and this is what he said: and to the end he had New Hampshire landmark effort to rein in Federal ‘‘It is a very special place, with very granite in his veins. spending. The Gramm-Rudman legisla- special people, and I hope in the com- Mr. President, I yield the floor. tion was born of the bold idea the Fed- ing years the institution can coalesce The PRESIDING OFFICER. The Sen- eral Government shouldn’t spend be- to bring those talents together in a bi- ator from New Hampshire. yond its means. When it was signed partisan way to do what is good for Ms. AYOTTE. Mr. President, I join into law, annual deficits were $200 bil- America.’’ my colleague from New Hampshire, lion. Imagine how much better off we Senator SHAHEEN, in paying tribute to would be if we had heeded Warren Rud- As our country continues to face and honoring the life and legacy of man’s warnings and truly followed great challenges, may all of us remain Warren Rudman. Warren Rudman was through on the work he did in this mindful of Warren Rudman’s wise a Senator from New Hampshire whose body. words and the powerful example he set intellect, courage, and conviction Warren’s zeal for responsible govern- for this body. Granite Staters through- brought great honor to this institution. ment went beyond reducing spending. out all New Hampshire mourn his loss, Warren Rudman embodied the very As a former prosecutor, he was seen by but we will never forget his legacy as best of New Hampshire: frugal, fiercely his colleagues as someone who was an esteemed representative of the peo- independent, and totally committed to committed to fairness, truth, and inde- ple of New Hampshire and someone the common good. He didn’t aspire to pendence. When the Iran Contra scan- who always put America first. be a politician, but when he saw his dal erupted in 1986, the Senate moved Mr. LEAHY. It was a pleasure and an country was headed in the wrong direc- to investigate and Warren Rudman was honor for this Senator to serve side by tion, he stepped up to serve, and his selected to serve as the committee’s side with the late Senator from New focus was always doing the right thing top Republican. At the outset, he made Hampshire, Warren Rudman.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.035 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7148 CONGRESSIONAL RECORD — SENATE November 29, 2012 As we in New England knew and, of NATIONAL DEFENSE AUTHORIZA- This amendment is designed to help course, as the people of New Hamp- TION ACT FOR FISCAL YEAR draw down the war in Afghanistan in a shire, and we neighbors in Vermont, es- 2013—Continued timely and responsible manner. It is pecially knew—he was a skilled and ac- AMENDMENT NO. 3096, AS MODIFIED time to bring home our sons and complished legislator. He was a credit The PRESIDING OFFICER. The Sen- daughters, our brothers and sisters, our to this body. He was a catalyst for re- ator from Oregon. husbands and our wives as quickly and form. He always kept his word. What Mr. MERKLEY. Mr. President, I ask as safely as possible and put an end to was most important to me personally unanimous consent to call up Merkley America’s longest war. is that he was a good and close friend. amendment No. 3096, as modified. We went to Afghanistan with two ob- We traveled together, we worked to- The PRESIDING OFFICER. Without jectives: destroy al-Qaida training gether, and we never let our different objection, it is so ordered. camps and hunt down those responsible political parties get in the way of doing The clerk will report. for 9/11. Our capable American troops things that helped our part of the The assistant legislative clerk read and NATO partners have accomplished country or our country at large. as follows: those goals. Afghanistan is no longer, I think he was shaped by his experi- The Senator from Oregon [Mr. MERKLEY], and has not been for years, an impor- ence as well as by his Yankee origins. for himself, Mr. PAUL, and Mr. MANCHIN, pro- tant hub for al-Qaida activity. Al- poses an amendment numbered 3096, as modi- Qaida has robust operations in a num- An Army combat infantry commander, fied. he saw much action during the Korean ber of nations around the world, in- Mr. MERKLEY. I ask unanimous conflict before coming to the Senate. cluding Yemen and Somalia, but not in consent that further reading of the He had been a widely respected attor- Afghanistan. amendment be waived. ney general from New Hampshire. American forces have also accom- The PRESIDING OFFICER. Without plished the second objective: capturing Senator Rudman embodied the char- objection, it is so ordered. or killing those who attacked America acteristics that many of us call the old The amendment (No. 3096), as modi- on 9/11. So it is time to put an end to school of Senate values. We served to- fied, is as follows: this war. gether on the Appropriations Com- At the end of subtitle B of title XII, add Simply put, we are currently in the mittee. We often worked together on the following: midst of a nation-building strategy national issues, as well as on behalf of SEC. 1221. COMPLETION OF ACCELERATED TRAN- that is not working. It simply makes SITION OF UNITED STATES COMBAT our two adjoining States. As I said ear- no sense to have nearly 70,000 troops on lier, I quickly learned that when War- AND MILITARY AND SECURITY OP- ERATIONS TO THE GOVERNMENT OF the ground in Afghanistan when the ren Rudman gave his word, you could AFGHANISTAN. biggest terrorist threats are elsewhere. count on it. (a) SENSE OF CONGRESS.—It is the sense of Our President recognizes this fact He served during a time when Sen- Congress that the President should, in co- and has committed to a steady course ators would readily put aside party af- ordination with the Government of Afghani- stan, North Atlantic Treaty Organization of drawing down troop levels and hand- filiations to work together. When (NATO) member countries, and other allies ing over security responsibilities to the progress required compromise, as it in Afghanistan, seek to— Government of Afghanistan. In con- usually does, he was able to help chart (1) undertake all appropriate activities to trast, the House-passed version of this the way forward to accommodate dif- accomplish the President’s stated goal of bill calls for keeping at least 68,000 ferent viewpoints and interests. Re- transitioning the lead responsibility for se- troops in Afghanistan through the end grettably, that kind of bipartisanship curity to the Government of Afghanistan by of 2014. at this point in the Senate’s history is mid-summer 2013; Let me give some details about what too rare, and I think we have to work (2) as part of accomplishing this transition this short amendment does. It is a of the lead responsibility for security to the to recapture it. Government of Afghanistan, draw down sense of Congress resolution that the In the can-do Yankee spirit, he took United States troops to a level sufficient to President should undertake all appro- on difficult challenges and stuck with meet this goal; priate activities to accomplish his them. From national security and for- (3) as previously announced by the Presi- stated goal of transitioning the lead re- eign affairs to budget policy, he dug dent, continue to draw down United States sponsibility for security to the Govern- into pressing and often prickly issues, troop levels at a steady pace through the end ment of Afghanistan by midsummer of 2014; and and he made a difference. 2013. (4) end all regular combat operations by This is the President’s goal, and our Well after his retirement from this United States troops by not later than De- team has been working to make this body—a voluntary retirement—he con- cember 31, 2014, and take all possible steps to tinued to serve the country he loved so end such operations at the earliest date con- happen; second, as a part of accom- deeply. Well before the attacks on our sistent with a safe and orderly draw down of plishing this transition of lead respon- Nation of September 11, 2001, he and United States troops in Afghanistan. sibility for security to the Government (b) RULE OF CONSTRUCTION.—Nothing in former Senator Gary Hart headed a na- of Afghanistan, drive down United this section shall be construed to recommend States troops to a level sufficient to tional advisory panel investigating the or support any limitation or prohibition on threat of international terrorism. The meet this goal. any authority of the President— Third, as previously announced by sobering conclusions they reached (1) to modify the military strategy, tac- the President, continue to draw down about our susceptibility to terrorist at- tics, and operations of United States Armed U.S. troop levels at a steady pace tacks were prescient, but largely for- Forces as such Armed Forces redeploy from through the end of 2014; and, very im- gotten, until 9/11. Afghanistan; (2) to authorize United States forces in Af- portantly, end all regular combat oper- When I was asked to serve on the ad- ghanistan to defend themselves whenever ations by the U.S. troops by not later visory board of the Warren B. Rudman they may be threatened; than December 31, 2014, and take all Center for Justice, Leadership and (3) to attack Al Qaeda forces wherever such possible steps to end such operations Public Policy at the University of New forces are located; earlier if it can be done in a manner Hampshire, of course I was pleased to (4) to provide financial support and equipment to the Government of Afghanistan for consistent with a safe and orderly accept. His legacy will be reflected well drawdown of U.S. troops. at the Rudman Center, just as his leg- the training and supply of Afghanistan military and security forces; or This amendment very clearly sets acy of service and accomplishment will (5) to gather, provide, and share intel- out that it is not to be construed that continue to be reflected and appre- ligence with United States allies operating we are recommending or supporting ciated in this body. in Afghanistan and Pakistan. any limitation or prohibition on any Madam President, as I say this, it Mr. MERKLEY. Mr. President, I am authority of the President to modify seems perfectly fitting that the distin- pleased to be able to present this the military strategy, tactics, and op- guished senior Senator from New amendment in this Chamber. I appre- erations of the U.S. Armed Forces as Hampshire is presiding: The Senate, ciate that my lead cosponsor RAND such Armed Forces redeploy from Af- and the Nation, are better for Warren PAUL and nine other Senators have ghanistan. It also clearly notes that we Rudman’s service. signed on to sponsor this amendment. are not interfering in any way with the

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.048 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7149 ability of the United States to author- (2) in the third sentence, by striking ‘‘125 Mr. LEVIN. Mr. President, I suggest ize forces in Afghanistan to defend such defense industry employees’’ and insert- the absence of a quorum. themselves whenever they may be ing ‘‘250 such defense industry employees’’; The PRESIDING OFFICER. The threatened or to attack al-Qaida forces and clerk will call the roll. (3) in the last sentence, by inserting before The bill clerk proceeded to call the wherever such forces are located. More- the period at the end the following: ‘‘or an over, we are not limiting in any way appropriate professional continuing edu- roll. the provision of financial support and cation certificate, as applicable’’. Ms. AYOTTE. Mr. President, I ask equipment to the Government of Af- (b) UNITED STATES AIR FORCE INSTITUTE OF unanimous consent that the order for ghanistan for the training and supply TECHNOLOGY.—Section 9314a(a) of such title the quorum call be rescinded. of Afghan military and security forces, is amended— The PRESIDING OFFICER. Without nor are we interfering with the gath- (1) in paragraph (1), by inserting ‘‘or pro- objection, it is so ordered. ering of intelligence. fessional continuing education certificate’’ Ms. AYOTTE. Mr. President, I sug- after ‘‘graduate degree’’; Essentially, the amendment boils gest the absence of a quorum. (2) in paragraph (2), by striking ‘‘125 de- The PRESIDING OFFICER (Mr. down to this: Mr. President, you have fense industry employees’’ and inserting ‘‘250 laid out a course to end this war, and defense industry employees’’; and SANDERS). The clerk will call the roll. we support you in this effort and en- (3) in paragraph (3), by inserting before the The bill clerk proceeded to call the courage you to continue this effort period at the end the following: ‘‘or an ap- roll. and, if conditions allow, to accelerate propriate professional continuing education Mr. LEVIN. Mr. President, I ask the pace. certificate, as applicable’’. unanimous consent the order for the The PRESIDING OFFICER. The Sen- Mr. PORTMAN. Mr. President, this quorum call be rescinded. ator from Arizona. amendment is intended to expand the The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, I have opportunities for defense industry em- objection, it is so ordered. looked at the amendment by the Sen- ployees to attend or participate in De- AMENDMENTS NOS. 2948, 2962, 2971, 2986, 2989, 3085, ator from Oregon. He has made some partment of Defense educational insti- 3110, 3166, 2981 EN BLOC modifications that I think are appro- tutions and programs. Mr. LEVIN. Mr. President, I wish priate, and this side has no objection. I Specifically, the amendment will now to call up a list of nine amend- understand, however, that he will in- broaden the existing statute that au- ments, which have been cleared by my- sist on a recorded vote, which is his thorizes defense industry employees to self and the ranking member, by Sen- right. But I see at this time no objec- obtain a master’s degree at Defense De- ator MCCAIN: Webb amendment No. tion to the amendment as he describes partment schools, such as the Naval 2948, Sessions amendment No. 2962, it. Postgraduate School, by also allowing Inhofe amendment No. 2971, Casey The PRESIDING OFFICER. The Sen- them to obtain professional continuing amendment No. 2986, Murray amend- ator from Oregon. educational certification. ment No. 2989, Vitter amendment No. Mr. MERKLEY. Mr. President, I ap- Having key members of the defense 3085, Coburn amendment 3110, Manchin preciate the partnership of my col- industry exposed to the unique courses amendment No. 3166, and Boxer amend- league from Arizona. offered at these institutions is a win- ment No. 2981. I believe they have been I suggest the absence of a quorum. win for the Federal Government. The cleared on the Republican side. The PRESIDING OFFICER. The industry pays the tuition and covers Mr. MCCAIN. I have no objection. clerk will call the roll. all costs associated with their attend- Mr. LEVIN. Mr. President, I now ask The assistant legislative clerk pro- ance, and in the process our defense in- unanimous consent that the Senate ceeded to call the roll. dustry partners gain greater expertise consider these amendments en bloc, Mr. PORTMAN. Mr. President, I ask in the military application of engineer- the amendments be agreed to, and the unanimous consent that the order for ing and science, as well as acquisition motions to reconsider be laid upon the the quorum call be rescinded. and program management expertise. table. The PRESIDING OFFICER. Without Again, I believe this is a win-win for The PRESIDING OFFICER. Is there objection, it is so ordered. the government, and I ask for a voice objection? AMENDMENT NO. 2995 vote of the pending amendment. Without objection, it is so ordered. Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. The Sen- The amendments were agreed to, as unanimous consent that the pending ator will suspend. follows: measure be set aside, and I call up The Senator from Michigan. AMENDMENT NO. 2948 amendment No. 2995. Mr. LEVIN. Mr. President, I suggest (Purpose: To extend the authority to provide The PRESIDING OFFICER. The the absence of a quorum. a temporary increase in rates of basic al- clerk will report. The PRESIDING OFFICER. The lowance for housing under certain cir- The assistant legislative clerk read clerk will call the roll. cumstances) as follows: The assistant legislative clerk pro- At the end of subtitle A of title VI, add the The Senator from Ohio [Mr. PORTMAN] proceeded to call the roll. following: poses an amendment numbered 2995. Mr. LEVIN. Mr. President, I ask SEC. 602. EXTENSION OF AUTHORITY TO PRO- VIDE TEMPORARY INCREASE IN Mr. PORTMAN. Mr. President, I ask unanimous consent that the order for RATES OF BASIC ALLOWANCE FOR that further reading of the amendment the quorum call be rescinded. HOUSING UNDER CERTAIN CIR- be dispensed with. The PRESIDING OFFICER. Without CUMSTANCES. The PRESIDING OFFICER. Without objection, it is so ordered. Section 403(b)(7)(E) of title 37, United objection, it is so ordered. Mr. LEVIN. Mr. President, I don’t States Code, is amended by striking ‘‘Decem- The amendment is as follows: know of any further debate on this side ber 31, 2012’’ and inserting ‘‘December 31, 2013’’. (Purpose: To enhance authorities relating to on the Portman amendment. We sup- AMENDMENT NO. 2962 the admission of defense industry civilians port it, and we have no objection to it to certain Department of Defense edu- going to a voice vote at this time. (Purpose: To express the sense of Congress cational institutions and programs) on the submittal to Congress of the home- The PRESIDING OFFICER. Is there land defense hedging policy and strategy of At the end of subtitle E of title X, add the further debate on the amendment? following: the Secretary of Defense) The question is on agreeing to the SEC. 1048. ENHANCEMENT OF AUTHORITIES ON At the end of C subtitle of title II, add the ADMISSION OF DEFENSE INDUSTRY amendment. following: CIVILIANS TO CERTAIN DEPART- The amendment (No. 2995) was agreed SEC. 238. SENSE OF CONGRESS ON THE SUB- MENT OF DEFENSE EDUCATIONAL to. MITTAL TO CONGRESS OF THE INSTITUTIONS AND PROGRAMS. Mr. LEVIN. Mr. President, I move to HOMELAND DEFENSE HEDGING POL- (a) NAVY DEFENSE PRODUCT DEVELOPMENT reconsider the vote. ICY AND STRATEGY REPORT OF THE PROGRAM.—Section 7049(a) of title 10, United SECRETARY OF DEFENSE. C States Code, is amended— Mr. M CAIN. I move to lay that mo- (a) FINDINGS.—Congress makes the fol- (1) in the second sentence, by inserting ‘‘or tion on the table. lowing findings: professional continuing education certifi- The motion to lay on the table was (1) Section 233 of the National Defense Au- cate’’ after ‘‘master’s degree’’; agreed to. thorization Act for Fiscal Year 2012 (Public

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.039 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7150 CONGRESSIONAL RECORD — SENATE November 29, 2012 Law 112–81; 125 Stat. 1340) requires a home- fense hedging policy and strategy report to (A) identify targets for the number of per- land defense hedging policy and strategy re- Congress. sonnel to be reassigned to tasks related to port from the Secretary of Defense. AMENDMENT NO. 2971 offensive cyber operations, and the rate at (2) The report was required to be submitted (Purpose: To express the sense of the Senate which such personnel shall be added to the not later than 75 days after the date of the on the protection of Department of Defense workforce for such tasks; and enactment of the National Defense Author- airfields, training airspace, and air train- (B) identify targets for use of National ization Act for Fiscal Year 2012, namely by ing routes) Guard personnel to support cyber workforce March 16, 2012. rationalization and the actions taken under At the end of subtitle H of title X, add the (3) The Secretary of Defense has not yet following: subsection (a). submitted the report as required. SEC. 1084. SENSE OF THE SENATE ON PROTEC- AMENDMENT NO. 3110 (4) In March 2012, General Charles Jacoby, TION OF DEPARTMENT OF DEFENSE Jr., Commander of the United States North- AIRFIELDS, TRAINING AIRSPACE, (Purpose: To require a report on the balances ern Command, the combatant command re- AND AIR TRAINING ROUTES. carried forward by the Department of De- sponsible for operation of the Ground-based It is the sense of the Senate that— fense at the end of fiscal year 2012) Midcourse Defense system to defend the (1) Department of Defense airfields, train- homeland against ballistic missile threats, ing airspace, and air training routes are na- At the end of subtitle A of title X, add the testified before Congress that ‘‘I am con- tional treasures that must be protected from following: fident in my ability to successfully defend encroachment; the homeland from the current set of limited SEC. 1005. REPORT ON BALANCES CARRIED FOR- (2) placement or emplacement of obstruc- WARD BY THE DEPARTMENT OF DE- long-range ballistic missile threats’’, and tions near or on Department of Defense air- FENSE AT THE END OF FISCAL YEAR that ‘‘[a]gainst current threats from the fields, training airspace, or air training 2012. Middle East, I am confident we are well pos- routes has the potential of increasing risk to Not later than 180 days after the date of tured’’. military aircraft and personnel as well as (5) Phase 4 of the European Phased Adapt- impacting training and readiness; and the enactment of this Act, the Secretary of ive Approach (EPAA) is intended to augment (3) the Department of Defense should de- Defense shall submit to Congress, and pub- the currently deployed homeland defense ca- velop comprehensive rules and regulations to lish on the Internet website of the Depart- pability of the Ground-based Midcourse De- address construction and use of land in close ment of Defense available to the public, the fense system against a potential future Ira- proximity to Department of Defense air- following: nian long-range missile threat by deploying fields, training areas, or air training routes (1) The total dollar amount of all balances an additional layer of forward-deployed to ensure compatibility with military air- carried forward by the Department of De- interceptors in Europe in the 2020 timeframe. craft operations. fense at the end of fiscal year 2012 by account. (6) The Director of National Intelligence, AMENDMENT NO. 2986 James Clapper, has testified to Congress (2) The total dollar amount of all unobli- (Purpose: To require contractors to notify gated balances carried forward by the De- that, although the intelligence community small business concerns that they have in- does ‘‘not know if Iran will eventually decide partment of Defense at the end of fiscal year cluded in offers relating to contracts let by 2012 by account. to build nuclear weapons’’, it judges ‘‘that Federal agencies) Iran would likely choose missile delivery as (3) The total dollar amount of any balances At the end of subtitle E of title VIII, add its preferred method of delivering a nuclear (both obligated and unobligated) that have the following: weapon’’. He also testified that ‘‘Iran already been carried forward by the Department of has the largest inventory of ballistic missiles SEC. lll. SUBCONTRACTOR NOTIFICATIONS. Defense for five years or more as of the end in the Middle East, and it is expanding the Section 8(d) of the Small Business Act (15 of fiscal year 2012 by account. U.S.C. 637(d)) is amended by adding at the scale, reach, and sophistication of its bal- end the following: AMENDMENT NO. 3166 listic missile forces, many of which are in- ‘‘(13) NOTIFICATION REQUIREMENT.—An of- herently capable of carrying a nuclear pay- feror with respect to a contract let by a Fed- (Purpose: To require a report on the future load’’. eral agency that is to be awarded pursuant of family support programs of the Depart- (7) The 2012 Annual Report to Congress on to the negotiated method of procurement ment of Defense) the Military Power of Iran by the Depart- that intends to identify a small business con- At the end of subtitle G of title V, add the ment of Defense states that, in addition to cern as a potential subcontractor in the offer following: increasing its missile inventories, ‘‘Iran has relating to the contract shall notify the boosted the lethality and effectiveness of its small business concern that the offeror in- SEC. 577. REPORT ON FUTURE OF FAMILY SUP- existing missile systems with accuracy im- tends to identify the small business concern PORT PROGRAMS OF THE DEPART- provements and new submunitions pay- as a potential subcontractor in the offer. MENT OF DEFENSE. loads’’, and that it continues to develop mis- ‘‘(14) REPORTING BY SUBCONTRACTORS.—The (a) REPORT REQUIRED.—Not later than 180 siles that can strike Israel and Eastern Eu- Administrator shall establish a reporting days after the date of the enactment of this rope. It also states that ‘‘Iran has launched mechanism that allows a subcontractor to multistage space launch vehicles that could report fraudulent activity by a contractor Act, the Secretary of Defense shall submit to serve as a testbed for developing long-range with respect to a subcontracting plan sub- the congressional defense committees a re- ballistic missiles technologies’’, and that mitted to a procurement authority under port on the anticipated future of the family ‘‘[w]ith sufficient foreign assistance, Iran paragraph (4)(B).’’. support programs of the Department of De- fense during the five-year period beginning may be technically capable of flight-testing AMENDMENT NO. 2989 on the date of the submittal of the report as an intercontinental ballistic missile by (Purpose: To extend the authority of the end strengths for the Armed Forces are re- 2015’’. Secretary of Veterans Affairs and the Sec- duced and the Armed Forces are drawn down (8) Despite the failure of its April 2012 sat- retary of Labor to carry out a program of from combat operations in Afghanistan. ellite launch attempt, North Korea warned referral and counseling services to vet- the United States in October 2012 that the erans at risk of homelessness who are (b) ELEMENTS.—The report required by sub- United States mainland is within range of its transitioning from certain institutions) section (a) shall include the following: missiles. At the end of subtitle H of title X, add the (1) A description of the current family sup- (9) The threat of limited ballistic missile following: port programs of each of the Armed Forces attack against the United States homeland SEC. 1084. EXTENSION OF AUTHORITIES TO and the Department of Defense, including from countries such as North Korea and Iran CARRY OUT A PROGRAM OF REFER- the name, scope and intended purpose of is increasing. RAL AND COUNSELING SERVICES TO each program. (b) SENSE OF CONGRESS.—It is the sense of VETERANS AT RISK OF HOMELESS- (2) An assessment of the current costs of the Congress that— NESS WHO ARE TRANSITIONING the family support programs covered by (1) the homeland defense hedging policy FROM CERTAIN INSTITUTIONS. paragraph (1), and an estimate of the costs of and strategy report required by section 233 of Section 2023(d) of title 38, United States anticipated family support programs of the the National Defense Authorization Act for Code, is amended by striking ‘‘September 30, Department over the period covered by the 2012’’ and inserting ‘‘September 30, 2013’’. Fiscal Year 2012 is necessary to inform Con- report. gress on options to protect the United States AMENDMENT NO. 3085 (3) An assessment of the costs and other homeland against the evolving ballistic mis- (Purpose: To require additional elements in consequences associated with the elimi- sile threat, including potential options prior the plan on the rationalization of cyber nation or reduction of any current family to the deployment of Phase 4 of the Euro- networks and cyber personnel of the De- support programs of the Department over pean Phased Adaptive Approach to missile partment of Defense) the period covered by the report. defense; and On page 306, between lines 2 and 3, insert (4) An assessment by the Secretary of the (2) the Secretary of Defense should comply the following: Army of the Family Readiness Support As- with the requirements of section 233 of the (3) ADDITIONAL ELEMENTS.—In developing sistant program, and a description of any National Defense Authorization Act for Fis- the plan required by paragraph (1), the Sec- planned or anticipated changes to that pro- cal Year 2012 by submitting the homeland de- retary shall also— gram over the period covered by the report.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.011 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7151 AMENDMENT NO. 2981 The Merkley amendment is con- Mr. President, 66,000 American com- (Purpose: To prohibit the issuance of a waiv- sistent with President’s plans for draw- bat troops still remain in Afghanistan. er for commissioning or enlistment in the ing down U.S. troops in Afghanistan, President Obama plans to reduce that Armed Forces for any individual convicted and it is consistent with our best number by ‘‘a steady pace’’ until they of a felony sexual offense) chances for success in securing Afghan- are moved completely out by the end of At the end of subtitle C of title V, add the istan. 2014. I would prefer a faster pace, as following: It expresses this body’s support for many of my colleague would, but as SEC. 526. PROHIBITION ON WAIVER FOR COMMIS- the President’s transition goals which SIONING OR ENLISTMENT IN THE long as it did not jeopardize the safety ARMED FORCES FOR ANY INDI- include the handover to Afghan secu- of troops, because I think that is the VIDUAL CONVICTED OF A FELONY rity forces of primary responsibility for most important thing we do. After all, SEXUAL OFFENSE. security throughout Afghanistan by the war has already surpassed the Viet- An individual may not be provided a waiv- mid-2013 and the completion of the se- nam war, your area and mine, Mr. er for commissioning or enlistment in the curity transition process by the end of Armed Forces if the individual has been con- President, as the longest in American victed under Federal or State law of a felony 2014. history. It has already cost us dearly; offense of any of the following: Transitioning to Afghan forces in the more than 2,000 American troops have (1) Rape. lead is the roadmap to security in Af- died for the cause and many thousands (2) Sexual abuse. ghanistan. It challenges the Taliban more have been maimed and more than (3) Sexual assault. narrative that commanders need to de- $500 billion has been spent just in Af- (4) Incest. fend Afghanistan from foreign troops ghanistan. (5) Any other sexual offense. seeking to occupy their country. As Af- Even so, I support the bipartisan Mr. MCCAIN. Mr. President, I thank ghan officials recently told me, when amendment sponsored by Senator my colleague. they realize they are fighting their fel- MERKLEY. It backs the President’s cur- By the way, did we move to recon- low Afghans in the Afghan Army, some rent plan to end combat operations in sider? mid-level Taliban commanders have Afghanistan by the end of 2014, but I I move to reconsider the vote. decided to put aside their arms and support it because it also calls for a Mr. LEVIN. I move to lay that mo- seek to re-integrate into Afghan soci- quicker transition of security oper- tion on the table. ety. ations from U.S. forces to Afghan secu- The motion to lay on the table was The Afghan people want to see their rity forces. Instead of the end of 2014, agreed to. own Afghan Army soldiers and Afghan the amendment urges the transition to Mr. MCCAIN. Mr. President, briefly I police personnel providing security for take place in the summer of 2013, this was just going over the list of amend- their communities. A recent public coming year. That, hopefully, would ments that have been filed. I urge my opinion poll in Afghanistan found that bring a quicker end to the U.S. involve- colleagues who want those amend- the overwhelming majority of the Af- ment in combat in Afghanistan. This ments considered to come over and ghan people have moderate or high amendment merely expresses the sense state their intention and we will move confidence in the Afghan Army—93 per- of the Senate. It is not binding on forward with the amendments. I keep cent. The Afghan police are also gain- President Obama and it will not affect hearing from my staff this Senator is ing the confidence of the Afghan peo- any negotiations between Washington not ready yet, that Senator is not ple—82 percent confidence. and Kabul on whether a residual force ready yet. I hope they come over, we Afghan security forces have shown of U.S. military advisers in Afghani- get these amendments in order and we they are willing to fight. So far this stan would be there after 2014. will dispose of them as soon as possible year, Afghan soldiers and police have U.S. forces went to Afghanistan in since we are looking at a rather late suffered more casualties—wounded and pursuit of those who planned and or- evening this evening, and even tomor- killed—than have U.S. and coalition dered the September 11 terrorist at- row. forces. tacks on the United States that killed We need to move these amendments. As Afghan security forces assume over 3,000 of our citizens. With valor I hope my colleagues will cooperate by more and more responsibility for the and courage they drove from power the coming over prepared to offer those security lead between now and the end Taliban, which had given bin Laden a amendments. of 2014, NATO and coalition forces will base from which he could launch hor- The PRESIDING OFFICER. The Sen- gradually step back into a supporting rific attacks on innocent American ci- ator from Michigan. role and then an overwatch role. vilians. They captured, killed, or Mr. LEVIN. The Senator from West The Merkley amendment reaffirms brought to justice the leader of al- Virginia wishes now to speak on the the President’s plan to end U.S. com- Qaida and eventually they tracked Merkley amendment. Then it is our in- bat operations in Afghanistan by not down bin Laden himself and made sure tention to move to a vote on the later than the end of 2014. This is also he would never, ever harm another Merkley amendment. what was agreed by coalition partners American. AMENDMENT NO. 3096 at the NATO Summit in Chicago in After more than 10 years, more than Amendment No. 3096 would express May, when the U.S. and its allies de- 1,900 American lives, and more than the Sense of Congress in support of the clared, ‘‘By the end of 2014, when the $500 billion, it is time to bring our war- President’s stated goals for Afghan Authorities will have full secu- riors home to a hero’s welcome, time transitioning the security lead to the rity responsibility, the NATO-led com- to focus our resources on rebuilding Afghanistan and end the U.S. combat bat mission will end.’’ They also agreed America, not on rebuilding Afghani- mission in Afghanistan by no later to begin planning a new post–2014 stan. I have said many times on this than December 31, 2014. The Sense of training mission, which ‘‘will not be a floor, if you help us build a new road or Congress supports the goals of: Accom- combat mission.’’ bridge in West Virginia, help us build a plishing the President’s stated goal of The PRESIDING OFFICER. The Sen- school for our children, we will not transitioning the lead responsibility ator from West Virginia. blow it up or burn it down. for security to the Government of Af- Mr. MANCHIN. Mr. President, I rise It is time to help rebuild America for ghanistan by mid-2013; as part of that in support of the amendment of my col- this great country and bring our heroes transition, drawing down U.S. troops to league, Senator MERKLEY from Oregon, back to a hero’s welcome. the minimum level required to meet his amendment on Afghanistan. I know Mr. REID. I suggest the absence of a that goal; continuing the drawdown of we all have good ideas. We all have quorum. U.S. troop levels at a steady pace input here. We all have our own per- The PRESIDING OFFICER. The through the end of 2014; and ending ‘‘all sonal opinions. But it is time to bring clerk will call the roll. regular combat operations’’ by U.S. our troops home from Afghanistan. The bill clerk proceeded to call the troops by not later than the end of 2014, They have been there since October 7, roll. and earlier to the extent consistent 2001. They have defeated al-Qaida, they Mr. LEVIN. Mr. President, I ask with a safe and orderly drawdown of have killed Osama bin Laden, and it is unanimous consent the order for the U.S. troops in Afghanistan. time to bring them home. quorum call be rescinded.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.011 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7152 CONGRESSIONAL RECORD — SENATE November 29, 2012 The PRESIDING OFFICER. Without will come down and object in person Mr. KYL. The following Senators are objection, it is so ordered. because this is holding up the progress necessarily absent: the Senator from Mr. LEVIN. Mr. President, we are of the bill. So if there is a Whitehouse South Carolina (Mr. DEMINT), the Sen- now going to proceed to a vote on the amendment that is agreed to, then a ator from North Carolina (Mr. HELL- Merkley amendment. As I indicated, Coburn amendment certainly should be ER), and the Senator from Illinois (Mr. the amendment expresses the support allowed as well. KIRK). of this body for the transition goals of So we have to object to the unani- The PRESIDING OFFICER. Are there the President, including the handover mous consent request. Hopefully, dur- any other Senators in the Chamber de- to Afghan security forces of primary ing the vote on the Merkley amend- siring to vote? responsibility for security throughout ment we can work out some agree- The result was announced—yeas 62, Afghanistan by mid-2013, the complement. nays 33, as follows: tion of the security transition process Mr. LEVIN. We understand Senator [Rollcall Vote No. 210 Leg.] by the end of 2014—and of course that MERKLEY is on his way and wishes to YEAS—62 has to do with the completion and speak for a minute on his own amend- Akaka Gillibrand Murray transition. That is not necessarily by ment, so I note the absence of a Baucus Grassley Nelson (NE) any means a withdrawal of all troops quorum. Begich Hagan Nelson (FL) The PRESIDING OFFICER. The Bennet Harkin Paul but it is the intent that all combat Bingaman Hoeven Reed forces be withdrawn by the end of 2014. clerk will call the roll. Blumenthal Inouye Reid I emphasize it is a sense-of-the-Senate The bill clerk proceeded to call the Boxer Johnson (SD) Rockefeller roll. Brown (MA) Kerry Sanders resolution. Brown (OH) Klobuchar The PRESIDING OFFICER. The Sen- Schumer After the disposition of the Merkley Cantwell Kohl Shaheen ator from Oregon. Cardin Landrieu amendment, we then intend to move to Snowe the Whitehouse amendment. The Mr. MERKLEY. Mr. President, I ask Carper Lautenberg Casey Leahy Stabenow Whitehouse amendment has been unanimous consent that the order for Tester the quorum call be rescinded. Cochran Lee cleared by the chairman and ranking Collins Levin Thune The PRESIDING OFFICER. Without Toomey member of the committee of jurisdic- Conrad Lugar objection, it is so ordered. Coons Manchin Udall (CO) tion. However, there is a desire to de- Mr. MERKLEY. Mr. President, I rise Corker Menendez Udall (NM) bate and have a rollcall on that amend- Warner to speak in favor of my amendment No. Durbin Merkley ment. We are asking Senator WHITE- Feinstein Mikulski Webb 3096 to express the sense of Congress on HOUSE to be prepared immediately after Franken Moran Whitehouse the accelerated transition of U.S. com- this vote to call up formally and debate NAYS—33 bat and military security operations his amendment and any opponent or Alexander Enzi McConnell for the Government of Afghanistan. opponents of the amendment to be pre- Ayotte Graham Murkowski Our President has laid out a course of Barrasso Hatch Portman pared to debate it at that time. So it is action that involves putting Afghan Blunt Hutchison Pryor our intent—and I ask unanimous con- troops in charge of the operation in Af- Boozman Inhofe Risch Burr Isakson sent—that immediately following the ghanistan. This amendment fully sup- Roberts vote on the pending Merkley amend- Chambliss Johanns Rubio ports the schedule the President has Coats Johnson (WI) Sessions ment, we then move to the Whitehouse laid out. Furthermore, it calls upon the Coburn Kyl Shelby amendment, and following the disposi- President to explore every opportunity Cornyn Lieberman Vitter Crapo McCain Wicker tion of the Whitehouse amendment we to see if that schedule can be acceler- then move to the Coburn amendment ated; that we can, with security for our NOT VOTING—5 No. 3109, which will require debate, troops and appropriateness for our mis- DeMint Kirk Wyden and, hopefully, we can work out a time sion, withdraw at a faster pace. Heller McCaskill agreement with Senator COBURN during The two main objectives in Afghani- The amendment (No. 3096) was agreed this vote. stan were to take out the al-Qaida to. Finally, we are urging Senators who training camps and to proceed to pur- Mr. LEVIN. Mr. President, I move to have amendments we have not yet ad- sue those responsible for 9/11. We have reconsider the vote. dressed that they intend to press, or effectively pursued those missions. Al- Mr. MCCAIN. I move to lay that mo- hope they can press, to meet with us Qaida is now much stronger around the tion upon the table. The motion to lay upon the table was during this vote so we can continue to rest of the world. A counterterrorism agreed to. make progress on this bill. We will be strategy that is appropriate in the rest Mr. LEVIN. Mr. President, what we in tomorrow unless by some wonderful of the world is appropriate in Afghani- wish to do now is move to Senator events we are able to finish this bill to- stan and it should be pursued. But the BLUMENTHAL’s amendment which has night. newly adopted mission of nation build- been cleared and I believe can be voice- The PRESIDING OFFICER. The Sen- ing in Afghanistan has gone terribly off voted. I think that is the current situa- ator from Arizona. the track and put our troops at great Mr. MCCAIN. Mr. President, I agree tion. risk. We need to endorse the Presi- with the unanimous consent re- Then as soon as that is done, I hope dent’s strategy and end this war—the quest—— we will have an announcement as to longest war the United States has ever Mr. LEVIN addressed the Chair. where we go next. With the cooperation experienced. The PRESIDING OFFICER. The Sen- of one Senator, whom I do not see on I ask for the support of my col- ator from Michigan. the floor, we may be able to go to Sen- leagues. ator WHITEHOUSE’s amendment, but I Mr. LEVIN. I am sorry, I say to my I yield the floor. friend from Arizona. We have to with- The PRESIDING OFFICER. Is there cannot quite announce that yet be- draw that unanimous consent request further debate on the amendment? cause we have to find that Senator and on amendment No. 3109 at this time. I If not, the question is on agreeing to make sure that is not objected to. I want to try to see what the problem is. the amendment. would hope the chair would now recog- There is an objection to my request on Mr. MERKLEY. I ask for the yeas nize Senator BLUMENTHAL. this side. We are going to try to work and nays. The PRESIDING OFFICER. The Sen- out those objections during this roll- The PRESIDING OFFICER. Is there a ator from Connecticut. call vote. sufficient second? There appears to be AMENDMENT NO. 3124, AS MODIFIED The PRESIDING OFFICER. The Sen- a sufficient second. Mr. BLUMENTHAL. Mr. President, I ator from Arizona. The clerk will call the roll. thank my distinguished colleague, the Mr. MCCAIN. I have to object on this The legislative clerk called the roll. chairman of the Armed Services Com- side. Senator COBURN wants the same Mr. DURBIN. I announce that the mittee, as well as the ranking member, privilege every Senator has; that is, to Senator from Missouri (Mrs. MCCAS- Senator MCCAIN, for their leadership bring up his amendment. If someone KILL) and the Senator from Oregon on this issue and ask unanimous con- objects to that, I hope that Senator (Mrs. WYDEN) are necessarily absent. sent that my amendment 3124 be made

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.043 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7153 pending, as modified with the changes ‘‘(IV) Charging recruited employees unrea- (1) REFERRAL.—If the contracting or grant that are at the desk. sonable placement or recruitment fees, such officer of an executive agency for a grant, The PRESIDING OFFICER. Without as fees equal to or greater than the employ- contract, or cooperative agreement receives objection, it is so ordered. ee’s monthly salary, or recruitment fees that credible information that a recipient of the The clerk will report. violate the laws of the country from which grant, contract, or cooperative agreement; an employee is recruited. any subgrantee or subcontractor of the re- The legislative clerk read as follows: ‘‘(V) Providing or arranging housing that cipient; or any agent of the recipient or of The Senator from Connecticut [Mr. fails to meet the host country housing and such a subgrantee or subcontractor, has en- BLUMENTHAL] proposes an amendment num- safety standards.’’. gaged in an activity described in section bered 3124, as modified. (b) EFFECTIVE DATE.—The amendment 106(g) of the Trafficking Victims Protection The amendment No. 3124, as modi- made by subsection (a) shall take effect 90 Act of 2000 (22 U.S.C. 7104(g)), as amended by fied, is as follows: days after the date of the enactment of this section 893, including a report from a con- Act. tracting officer representative, an auditor, At the end of title VIII, add the following: SEC. 894. COMPLIANCE PLAN AND CERTIFI- an alleged victim or victim’s representative, Subtitle F—Ending Trafficking in CATION REQUIREMENT. or any other credible source, the contracting Government Contracting (a) REQUIREMENT.—The head of an execu- or grant officer shall promptly refer the mat- SEC. 891. SHORT TITLE. tive agency may not provide or enter into a ter to the agency’s Office of Inspector Gen- This subtitle may be cited as the ‘‘End grant, contract, or cooperative agreement if eral for investigation. The contracting offi- Trafficking in Government Contracting Act the estimated value of the services required cer may also direct the contractor to take of 2012’’. to be performed under the grant, contract, or specific steps to abate an alleged violation or SEC. 892. DEFINITIONS. cooperative agreement outside the United enforce the requirements of a compliance In this subtitle: States exceeds $500,000, unless a duly des- plan implemented pursuant to section 894. (1) COMMERCIAL SEX ACT.—The term ‘‘com- ignated representative of the recipient of (2) INVESTIGATION.—Where appropriate, an mercial sex act’’ has the meaning given the such grant, contract, or cooperative agree- Inspector General who receives credible in- term in section 22.1702 of the Federal Acqui- ment certifies to the contracting or grant of- formation that a recipient of the grant, con- sition Regulation (or any similar successor ficer prior to receiving an award and on an tract, or cooperative agreement; any sub- regulation) . annual basis thereafter, after having con- grantee or subcontractor of the recipient; or (2) EXECUTIVE AGENCY.—The term ‘‘execu- ducted due diligence, that— any agent of the recipient or of such a sub- tive agency’’ has the meaning given the term (1) the recipient has implemented a plan to grantee or subcontractor, has engaged in an in section 133 of title 41, United States Code. prevent the activities described in section activity described in section 106(g) of the (3) SUBCONTRACTOR.—The term ‘‘subcon- 106(g) of the Trafficking Victims Protection Trafficking Victims Protection Act of 2000 tractor’’ means a recipient of a contract at Act of 2000 (22 U.S.C. 7104(g)), as amended by (22 U.S.C. 7104(g)), as amended by section 893, any tier under a grant, contract, or coopera- section 3, and is in compliance with that pursuant to a referral under paragraph (1) or tive agreement. plan; otherwise, shall promptly initiate an inves- (4) SUBGRANTEE.—The term ‘‘subgrantee’’ (2) the recipient has implemented proce- tigation of the matter. In the event that an means a recipient of a grant at any tier dures to prevent any activities described in Inspector General does not initiate an inves- under a grant or cooperative agreement. such section 106(g) and to monitor, detect, tigation, the Inspector General shall provide (5) UNITED STATES.—The term ‘‘United and terminate any subcontractor, sub- an explanation for the decision not to inves- States’’ has the meaning provided in section grantee, or employee of the recipient engag- tigate. 103(12) of the Trafficking Victims Protection ing in any activities described in such sec- Mr. BLUMENTHAL. Very simply, Act of 2000 (22 U.S.C. 7102(12)). tion; and this amendment involves commonsense SEC. 893. CONTRACTING REQUIREMENTS. (3) to the best of the representative’s reforms that will ensure the perform- (a) IN GENERAL.—Section 106(g) of the Traf- knowledge, neither the recipient, nor any ance of overseas contracts, paid for by ficking Victims Protection Act of 2000 (22 subcontractor or subgrantee of the recipient our taxpayers, involving money in this or any agent of the recipient or of such a U.S.C. 7104(g)) is amended by striking ‘‘if the very Defense budget, consistent with grantee or any subgrantee,’’ and all that fol- subcontractor or subgrantee, is engaged in lows through the period at the end and in- any of the activities described in such sec- the values that we hold dear as Ameri- serting the following: ‘‘or take any of the tion. cans. other remedial actions authorized under sec- (b) LIMITATION.—Any plan or procedures The Department of Defense has a spe- tion 895(c) of the End Trafficking in Govern- implemented pursuant to subsection (a) shall cial responsibility to lead in pre- ment Contracting Act of 2012, if the grantee be appropriate to the size and complexity of venting human trafficking overseas, as or any subgrantee, or the contractor or any the grant, contract, or cooperative agree- this amendment would do. It is not subcontractor, engages in, or uses labor re- ment and to the nature and scope of its ac- only a matter of humane and moral tivities, including the number of non-United cruiters, brokers, or other agents who en- values, it is a matter of getting value gage in— States citizens expected to be employed. ‘‘(i) severe forms of trafficking in persons; (c) DISCLOSURE.—The recipient shall pro- for the dollars we spend in protecting ‘‘(ii) the procurement of a commercial sex vide a copy of the plan to the contracting or our national security. act during the period of time that the grant, grant officer upon request, and as appro- The United States has and ought to contract, or cooperative agreement is in ef- priate, shall post the useful and relevant have a zero-tolerance policy against fect; contents of the plan or related materials on government employees and contractor ‘‘(iii) the use of forced labor in the per- its website and at the workplace. personnel engaging in any form of formance of the grant, contract, or coopera- (d) GUIDANCE.—The President, in consulta- human trafficking. These values are tion with the Secretary of State, the Attor- tive agreement, or transcendent of party lines, of any ‘‘(iv) acts that directly support or advance ney General, the Secretary of Defense, the trafficking in persons, including the fol- Secretary of Labor, the Secretary of Home- other interests. I am very proud to lowing acts: land Security, the Administrator for the offer this amendment, in fact, with ‘‘(I) Destroying, concealing, removing, con- United States Agency for International De- strong support across the aisle, led by fiscating, or otherwise denying an employee velopment, and the heads of such other exec- my colleague Senator PORTMAN who access to that employee’s identity or immi- utive agencies as the President deems appro- has joined me in forming a human traf- gration documents. priate, shall establish minimum require- ficking caucus to lead the way on these ‘‘(II) Failing to pay return transportation ments for contractor plans and procedures to issues. This amendment is the result of be implemented pursuant to this section. costs to an employee upon the end of em- efforts we have led and very simply ployment, unless— (e) REGULATIONS.—Not later than 270 days ‘‘(aa) exempted from the duty to repatriate after the date of the enactment of this Act, represents the most comprehensive leg- by the Federal department or agency pro- the Federal Acquisition Regulation shall be islative effort ever undertaken in the viding or entering into the grant, contract, amended to carry out the purposes of this Congress to stamp out human traf- or cooperative agreement; or section. ficking in overseas contracting. ‘‘(bb) the employee is a victim of human (f) EFFECTIVE DATE.—The requirements I am happy to yield to my colleague trafficking seeking victim services or legal under subsection (a) and (c) shall apply to from Ohio, Senator PORTMAN. redress in the country of employment or a grants, contracts, and cooperative agree- The PRESIDING OFFICER. The Sen- witness in a human trafficking enforcement ments entered into on or after the date that ator from Ohio. is 90 days after the Federal Acquisition Reg- action. Mr. PORTMAN. Mr. President, I am ‘‘(III) Soliciting a person for the purpose of ulation is amended pursuant to subsection employment, or offering employment, by (e). pleased to join my colleague from Con- means of materially false or fraudulent pre- SEC. 895. MONITORING AND INVESTIGATION OF necticut in offering this amendment, tenses, representations, or promises regard- TRAFFICKING IN PERSONS. which is modeled on the bipartisan leg- ing that employment. (a) REFERRAL AND INVESTIGATION.— islation we introduced in March along

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.051 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7154 CONGRESSIONAL RECORD — SENATE November 29, 2012 with a number of Senators on both The amendment No. 3124, as modi- think it is significant to do it is it sides of the aisle. fied, was agreed to. raises the song known as ‘‘Taps’’ to a We also recently joined to form a Mr. LEVIN. Madam President, I national level of significance, specifi- Senate caucus to end human traf- move to reconsider the vote. cally for the military veterans as a ficking, and I appreciate the chair and Mr. MCCAIN. I move to lay that mo- tribute when played during military fu- ranking member today for allowing tion on the table. nerals and ceremonies. This is a re- this amendment to move forward. The PRESIDING OFFICER. The Sen- quest of various veterans organiza- The aim of this amendment is pretty ator from Oklahoma. tions, and I would ask that it be adopt- simple. This amendment ensures that Mr. INHOFE. I ask unanimous con- ed. our contingency contracting dollars sent to set the pending amendment The PRESIDING OFFICER. The Sen- are spent in a manner that is con- aside for the consideration of amend- ator from Michigan. sistent, as Senator BLUMENTHAL said, ment No. 2972. Mr. LEVIN. We know of no objection with our deeply held values as a coun- The PRESIDING OFFICER. Without to the amendment. try. This is particularly important in objection, the Senator—— The PRESIDING OFFICER. Is there the context of wartime contracting and Mr. LEVIN. Madam President, I won- further debate on the amendment? If not, the question is on agreeing to reconstruction work. der if we could ask unanimous consent at this point to take up the Inhofe the amendment. This amendment comes from the The amendment (No. 2972) was agreed amendment. We know of no objection work that both DOD and State Depart- to. ment IGs have done. The inspectors to it. Rather than setting any amend- Mr. LEVIN. Mr. President, I move to general have told us we lack sufficient ment aside, just simply send it to the reconsider the vote. monitoring to have the kind of desk. Mr. MCCAIN. I move to lay the mo- visiblity we need under the labor prac- Is the amendment at the desk? Just tion on the table. tices by our contractors and sub- call up the amendment, if the Senator The PRESIDING OFFICER. The Sen- contractors who rely on a lot of third- would. ator from Michigan. party nationals to do overseas work. AMENDMENT NO. 2972 Mr. LEVIN. Madam President, I It also comes from the Wartime Con- Mr. INHOFE. Madam President, I call would now ask unanimous consent that tracting Commission, which has re- up amendment No. 2972. Senator UDALL of Colorado be recog- ported what is described as evidence of The PRESIDING OFFICER. Without nized for 5 minutes to speak as though the recurrent problem of trafficking in objection, the pending amendment is in morning business. persons by labor brokers or subcontrac- set aside. The PRESIDING OFFICER. Without tors of contingency contractors. The The clerk will report. objection, it is so ordered. report concluded that existing prohibi- The assistant legislative clerk read The Senator from Colorado. tions on such trafficking have failed to as follows: Mr. UDALL of Colorado. Madam President, I thank the chairman and suppress it. The Senator from Oklahoma (Mr. INHOFE) One of the commission members, a proposes an amendment No. 2972. ranking member of the Armed Services former Reagan and Bush administra- Committee for the recognition. I am a Mr. INHOFE. I ask unanimous con- proud member of that committee, and I tion defense official, testified before sent that further reading of the amend- our committee, saying those findings am also a member of the Intelligence ment be dispensed with. Committee. From those vantage were, in his assessment, just the tip of The PRESIDING OFFICER. Without points, I am well aware of the threats the iceberg. So I think this legislation objection, it is so ordered. that face our country. is appropriate. It directly affects this The amendment is as follows: Our military and our intelligence issue that has been raised now by the (Purpose: To express the sense of Congress communities have to be prepared to IG and by the Wartime Contracting that the bugle call commonly known as counter threats from a wide range of Commission. This is a commonsense ‘‘Taps’’ should be designated as the Na- enemies and bad actors. As we all approach to it. tional Song of Military Remembrance) know, our national security commu- Broadly defined, we believe this will At the end of subtitle H of title X, add the nity is decisively engaged against help to deal with the human traf- following: those who would do us harm. When we ficking issue that has been identified. SEC. 1084. SENSE OF CONGRESS THAT THE capture those who are plotting against It deals with recruiting workers to BUGLE CALL COMMONLY KNOWN AS TAPS SHOULD BE DESIGNATED AS us, we are swiftly bringing them to jus- leave their home countries based on THE NATIONAL SONG OF MILITARY tice by trying and convicting those ter- fraudulent promises, confiscating pass- REMEMBRANCE. rorists in civilian courts and, when ap- ports, limiting the ability of workers It is the sense of Congress that the bugle propriate, in military commissions. to return home, charging workers so- call commonly known as ‘‘Taps’’ should be This is a flexible strategy that has called recruitment fees that consume designated as the National Song of Military empowered our terrorism community Remembrance. more than a month’s salary, just to to help keep Americans safe since 9/11, name some of the abuses that have Mr. INHOFE. Madam President, this and those brave men and women who been identified. is something that I know will be ac- spend every waking hour defending this I think it should be clear that the cepted by both sides, by every Member country have been successfully using overwhelming majority of these con- in here. It is a request by all the asso- our laws to pursue terrorists around tractors and subcontractors are law ciations, the veterans and all the oth- the globe. But last year Congress abiding, but we need to be sure these ers. It is something I wasn’t familiar changed some of those laws, against abusive labor practices are dealt with. with until fairly recently, and that is, the wishes of our military and intel- This legislation will do so. I thank my in July of 1862, following the Seven ligence communities. Those detainee colleague for raising it today. I am Days Battles, Union GEN Daniel provisions last year suggest that our proud to join him in cosponsoring the Butterfield and bugler Oliver Wilcox military should shift significant re- legislation. Norton created ‘‘Taps’’ at Berkeley sources away from their mission and to Madam President, I yield the floor. Plantation in Virginia. instead act as both a domestic law en- The PRESIDING OFFICER (Mrs. This is something we are all familiar forcement agency and jailer with re- SHAHEEN). The Senator from Michigan. with, those of us who served in the spect to terrorist suspects. They also Mr. LEVIN. Madam President, I military. We know what ‘‘Taps’’ is. It call into question the principles we as think we are now willing to proceed to is a big deal to a lot of people, but it Americans hold dear, because they disposition on the Blumenthal amend- has never had an official designation. could be interpreted as allowing the ment. I don’t know if anyone wants to We have an amendment now that military to capture and indefinitely de- speak further on that amendment. would be a sense-of-the-Senate that tain American citizens on U.S. soil The PRESIDING OFFICER. Is there would designate the bugle call com- without trial. further debate? monly known as ‘‘Taps’’ to be des- I joined our highest ranking national If not, the question is on agreeing to ignated as a national military song of security officials in warning my col- the amendment. military remembrance. The reason I leagues about the dangerous change

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.052 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7155 that such policies would make and I the desk and hope to get accepted. But seamlessly into the current mobile urge us not to pass them. We have to I wish to speak to it now, if I might. broadband spectrum portfolio allowing get our detainee and counterterrorism Essentially, the amendment is just a for more immediate equipment devel- policies right, but unfortunately I be- sense of Congress regarding the Federal opment and deployment. lieve the policies that were enacted Government’s use of spectrum, and, in There is no reason for further delay last year complicate our capacity to particular, spectrum use of the Depart- in the reallocation of the 1755-to-1780 prosecute the war on terror and in the ment of Defense. Spectrum is a very band for commercial use. This band process erode our Nation’s constitu- important resource to the Department was identified for commercial tional principles, both of which con- of Defense, and it is a very important broadband use internationally at the cern all of us. resource to the private sector. 2000 World Radio Communications Con- I have been working with the admin- Unfortunately, spectrum is becoming ference over 10 years ago. Despite the istration to ensure that those deten- a scarcer and scarcer resource, and it is international designation of the band tion policies are not harmfully inter- increasingly necessary for there to be for advanced wireless use, it is still al- preted, but the law itself remains a better and more efficient management located domestically for government problem. Several of my colleagues, in- of this scarce resource. Demand for use, heavily by DOD. The National cluding the Senator from Kentucky spectrum is sharply rising due to the Telecommunications and Information and the chairwoman of the Senate In- growing advanced network of commu- Administration, or NTIA, the agency telligence Committee, Senator FEIN- nication devices that rely on spectrum which is responsible for all government STEIN, have suggested changes to the to transmit and receive information. spectrum, issued studies and reports in law that will help repair the flawed The rise of mobile devices, such as 2001, 2002, and 2010 that addressed use of policies enacted last year. smart phones and tablets, the iPhone the band for commercial use but took I have also crafted my own legisla- and iPad over the past few years, are no action. The spectrum was also iden- tion working with the ranking member the reason for this sharp rise in de- tified in the National Broadband Plan on the House Armed Services Com- mand for spectrum. as potentially available for realloca- mittee, Congressman ADAM SMITH from According to a recent study by Cisco, tion. Washington, to repair some of the last year’s mobile data traffic was In March 2012, NTIA released its lat- harm that I believe was done in last eight times the size of the entire global est report assessing the availability of year’s NDAA. I filed that bill to this Internet in 2000. The Cisco study pre- the band. Unfortunately, the 2012 NTIA year’s NDAA as amendment No. 3115, dicts that global mobile data traffic report contains no firm deadline for action and no clear path to making the along with the chairman of the Senate will increase eighteenfold between 2011 band available for commercial use. It Judiciary Committee, Senator LEAHY. and 2016 at a compound annual growth contemplates a potential 10-year time- Senators FEINSTEIN and PAUL have a rate of 78 percent, reaching 10.8 frame and potential shared use of spec- slightly similar but different approach, exabytes per month by 2016. trum but defers any formal rec- created as a result of the detainee pro- The rise in the smart phone and the ommendation regarding reallocation visions passed last year. There are ef- tablet has contributed significantly to until the completion of still further forts under way to assure that what- our Nation’s economy. The Nation’s study. ever path we take forward is supported mobile communications industry, by one estimate, directly or indirectly Had NTIA acted when the first band by the greatest numbers possible, and I was allocated internationally for ad- look forward to being part of those im- supports 3.8 million jobs, contributing $195.5 billion to the U.S. gross domestic vanced wireless use, the band might al- portant discussions. ready be available for commercial serv- product, and driving $33 billion in pro- I know we addressed this issue in ices. Without a firm deadline DOD is ductivity improvements in 2011. part last year, but in speaking with unlikely to agree to reallocation, and other Members I know there is a re- With all that has gone wrong with our economy over the past several the prospects for reallocating the 1755- newed interest in getting our detention to-1780 megahertz band for commercial policies right, both from the view of years, it is important that we as pol- icymakers nurture the growth of the use remain slim. counterterrorism effectiveness and That is why my amendment urges economy, especially where growth is constitutional protection. I believe the President to direct Federal users already happening and, in fact, is ex- both security and freedom are criti- on that 1755-to-1780 band to prepare, cally important, and I don’t think we ploding. We need to enact smart not later than May 31, 2013, a realloca- have to choose one over the other. progrowth policies relating to spec- tion plan that includes the cost of relo- I thank my colleagues for remaining trum. I know the spectrum issue isn’t cating from this band, and urges the diligent in addressing the detention easy to understand or to manage, but it Federal Communications Commission policies that remain a concern, because is crucial we seek to better manage to reallocate this band to commercial Americans must remain engaged on this scarce resource, and where it is use. this issue. possible to allocate more of the scarce I hasten to add that it is important Madam President, I yield the floor, resource to the private sector where it the cost of relocating the band should and I note the absence of a quorum. can create jobs and grow the economy. be verifiable and transparent. The re- The PRESIDING OFFICER. The That is the reasoning and purpose be- port for the underlying bill requires clerk will call the roll. hind my amendment. The Federal Gov- the Government Accountability Office The assistant legislative clerk pro- ernment controls the vast amount of to determine if the cost of vacating or ceeded to call the roll. spectrum for its own use. It is probably sharing the 1755-to-1780 band is suffi- Mr. LEVIN. Madam President, I ask not all as efficiently managed as it ciently captured in estimates. I look unanimous consent that the order for could be. Undoubtedly, a sufficient forward to the GAO’s report on this the quorum call be rescinded. amount of this spectrum could be made issue. The PRESIDING OFFICER. Without available to help create jobs and grow There are those who may voice con- objection, it is so ordered. the economy. cerns about how this impacts our na- Mr. LEVIN. Madam President, I ask One of the low-hanging fruits we can tional security. I take a back seat to unanimous consent that Senator deal with almost immediately is the no one in being pro-military. I sat on THUNE be allotted 7 minutes to speak band of spectrum known as the 1755-to- the Armed Services Committee for 6 on an amendment. 1780 megahertz band. This spectrum is years. I have an Air Force Base in my The PRESIDING OFFICER. Without particularly well suited for realloca- State that I care deeply about. It is im- objection, it is so ordered. tion to commercial use because it is portant to understand that existing The PRESIDING OFFICER. The Sen- identified internationally for commer- law provides ample protection to DOD ator from South Dakota. cial mobile services and is used for that for the relocation to replacement spec- Mr. THUNE. Madam President, I am purpose throughout most of the world. trum. working with the managers of the bill This 1755-to-1780 band is also imme- There are those concerned about the to try to address concerns they might diately adjacent to existing domestic cost to DOT to relocate. The law re- have on an amendment I have filed at wireless spectrum and would fit quires DOT relocation costs be covered

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.054 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7156 CONGRESSIONAL RECORD — SENATE November 29, 2012 by the Spectrum Relocation Fund, SEC. 704. CERTAIN TREATMENT OF DEVELOP- 301 for Operation and Maintenance and avail- which is funded through the proceeds MENTAL DISABILITIES, INCLUDING able as specified in the funding table in sec- AUTISM, UNDER THE TRICARE PRO- tion 4301 is hereby reduced by $45,000,000. of the auction of the band to commer- GRAM. cial licensees. If the auction does not (a) CERTAIN TREATMENT OF AUTISM.— Mrs. GILLIBRAND. Madam Presi- raise 110 percent of the relocation cost, (1) IN GENERAL.—Chapter 55 of title 10, dent, I rise today on behalf of the 30,000 the auction would be canceled, assur- United States Code, is amended by inserting military families who have loved ones ing that incumbent users are made after section 1077 the following new section: with disabilities, including those on whole. Moreover, as part of the U.S. ‘‘§ 1077a. Treatment of autism under the the autism spectrum. Sadly, thousands Middle Class Tax Relief and Job Cre- TRICARE program of these Americans suffering from au- ation Act of 2012, Congress expanded ‘‘(a) IN GENERAL.—Except as provided in tism and other developmental disabil- subsection (c), for purposes of providing the scope of funding from the reloca- ities are not receiving the treatment health care services under this chapter, the that best practices has determined tion fund to include the cost of plan- treatment of developmental disabilities (42 ning for relocation. U.S.C. 15002(8)), including autism spectrum they need. I am confident the Pentagon and the disorders shall include behavioral health For example, military families with larger Federal Government can more treatment, including applied behavior anal- children on the autistic spectrum are efficiently manage its spectrum hold- ysis, when prescribed by a physician. receiving fewer services than their ci- ‘‘(b) REQUIREMENTS IN PROVISION OF SERV- vilian governmental counterparts ings and make available additional ICES.—In carrying out subsection (a), the across the country, many of whom spectrum to help grow our economy Secretary of Defense shall ensure that— have been rightfully aided by laws and create jobs. ‘‘(1) except as provided by paragraph (2), a passed in over 60 percent of our States, I hope, Madam President, that we person who is authorized to provide behav- representing over 75 percent of the can work this out to have it included ioral health treatment is licensed or certified by a State or accredited national cer- American population. as part of the Defense authorization Autism places such tremendous bill. I certainly believe it is an amend- tification board; and ‘‘(2) if applied behavior analysis or other strain on our families—health strains, ment that is important with regard to behavioral health treatment is provided by financial, and emotional. They take the issue I mentioned, which is the rean employee or contractor of a person de- such tolls. I want to share briefly just allocation and relocation of spectrum scribed in paragraph (1), the employee or a couple of the stories I have heard in this country to allow for multiple contractor shall meet minimum qualifica- from struggling military families. uses—obviously, important private tions, training, and supervision requirements They have done everything we have commercial uses—out there and an as set forth by the Secretary who shall ensure that covered beneficiaries have appro- asked of them as a nation, but now enormous demand, a demand that is they can’t even provide for their chil- adding significantly to our economy priate access to care in accordance with best practice guidelines. dren. and creating jobs for literally thou- ‘‘(c) EXCLUSIONS.—Subsection (a) shall not One veteran was severely wounded in sands and millions of Americans. apply to the following: Iraq while heroically serving his coun- Madam President, I yield the floor. ‘‘(1) Covered beneficiaries under this chap- try. His injuries were such that he was Mr. LEVIN. I suggest the absence of ter who are entitled to hospital insurance forced to retire. Because he is retired, a quorum. benefits under part A of title XVIII of the his autistic son Shane was no longer The PRESIDING OFFICER. The Social Security Act. able to receive the applied behavioral ‘‘(2) Covered beneficiaries under this chap- clerk will call the roll. ter who are former members, dependents of therapies that were recommended. The The assistant legislative clerk pro- former members, or survivors of any uni- wait list for the Medicaid waiver serv- ceeded to call the roll. formed service not under the jurisdiction of ices where he lives was 9 years. So Mr. LEVIN. Madam President, I ask the Department of Defense. Shane’s family had to sell their home unanimous consent that the order for ‘‘(d) CONSTRUCTION WITH OTHER BENE- to pay the roughly $5,000 per month out the quorum call be rescinded. FITS.—(1) Nothing in this section shall be of pocket for the ABA treatment he so construed as limiting or otherwise affecting The PRESIDING OFFICER. Without desperately needs. the benefits otherwise provided under this The money is running out for their objection, it is so ordered. chapter to a covered beneficiary who is a Mr. LEVIN. Madam President, I ask beneficiary by virtue of— family, and they do not know what to unanimous consent that we proceed to ‘‘(A) service in the Coast Guard, the Com- do. But they want to do what is best the Gillibrand amendment, that there missioned Corp of the National Oceanic and for their son. Without this relief, we be 20 minutes debate on the amend- Atmospheric Administration, or the Com- risk allowing brave military families ment, and that it be equally divided be- missioned Corp of the Public Health Service; just like this one to fall through the or tween Senator GILLIBRAND and Senator cracks. ‘‘(B) being a dependent of a member of a Another story: A marine on Active COBURN. service described in subparagraph (A). Duty serving in Iraq and Afghanistan The PRESIDING OFFICER. Without ‘‘(2) Nothing in this section shall be con- three times has maxed out all his ABA objection, it is so ordered. strued as limiting or otherwise affecting the therapies to treat his 11-year-old autis- The Senator from New York. benefits provided to a medicare-eligible beneficiary under— tic son Joshua. Joshua is nonverbal AMENDMENT NO. 3058, AS MODIFIED ‘‘(A) this chapter; and his safety is a key concern for his Mrs. GILLIBRAND. Madam Presi- ‘‘(B) part A of title XVIII of the Social Se- family. So Joshua is prescribed 35 dent, I call up amendment No. 3058, as curity Act (42 U.S.C. 1395c et seq.); or hours of ABA therapy per week. Be- modified. ‘‘(C) any other law.’’. cause of the severity of Joshua’s symp- The PRESIDING OFFICER. The (2) CLERICAL AMENDMENT.—The table of toms, the family is basically faced with clerk will report. sections at the beginning of chapter 55 of the impossible decision of either fore- such title is amended by inserting after the The assistant legislative clerk read item relating to section 1077 the following going the recommended care the doctor as follows: new item: has prescribed for their son or paying The Senator from New York [Mrs. GILLI- ‘‘1077a. Treatment of autism under the these bills out of pocket for as long as BRAND], for herself, Mr. LIEBERMAN, Mr. TRICARE program.’’. they are actually able. BLUMENTHAL, Mr. KERRY, Mr. BROWN of Mas- (b) FUNDING.— I don’t believe this should ever hap- sachusetts, Mr. BEGICH, and Mr. MENENDEZ, (1) INCREASE.—The amount authorized to pen to our military families. I don’t be- proposes an amendment numbered 3058, as be appropriated for fiscal year 2013 by sec- lieve it should happen to any child, and modified. tion 1406 and available for the Defense that is why I am introducing my Mrs. GILLIBRAND. I ask unanimous Health Program for Private Sector Care as amendment to require TRICARE to consent that the reading of the amend- specified in the funding table in section 4501 cover the recommended ABA therapies ment be dispensed with. is hereby increased by $45,000,000, with the that a doctor prescribes. It would be a The PRESIDING OFFICER. Without amount of the increase to be available for the provision of care in accordance with sec- matter that is consistent with the best objection, it is so ordered. tion 1077a of title 10, United States Code (as practices across this country and in The amendment is as follows: added by subsection (a)). the rest of the Federal Government. At the end of subtitle A of title VII, add (2) OFFSET.—The amount authorized to be Our children need this kind of sup- the following: appropriated for fiscal year 2013 by section port—Shane and Joshua need this kind

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.055 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7157 of support—and we should be standing of this amendment over the next 10 We didn’t have time to do that before- by our men and women who serve in years to $1.9 billion. And it is true that hand. I don’t know if she would be will- the military because they stand by us. she has managed to insert with some ing to do that. But there is no way you Every parent who has a child with au- excess funds that will be spent before should justify taking another $1.9 bil- tism or another disability faces chal- the end of the year that won’t be there lion out of the operation and mainte- lenges to ensure their child has access by the time the money for this is used nance program for our troops to health to the treatments they require. For to pay for it. So she does meet that care. We ought to eliminate something these military families, the challenges standard, but she doesn’t meet the that doesn’t take away from their are even greater and often compounded standard for the next 10 years. training time, flying time, shooting by frequent deployments overseas, the So we are in the midst of this large time, or sailing time. We ought to be frequent moves to different bases discussion about how we are going to taking it from somewhere else, but across State lines, and sometimes sig- get out of this fiscal mess. I take her at that is where this is going to come nificant gaps in their coverage. her word that she really does want to from. Today, TRICARE coverage of ABA is reform TRICARE and fix it. But realize I applaud what she is doing. She is severely limited. It is capped at $36,000 that TRICARE hasn’t had a premium right about fixing the problem. She is per year for an Active-Duty member, increase since 1995, and all it would totally opposite of what we should be which falls far below what is medically take to pay for this is a $2-per-month doing in terms of paying for it, and I recommended for so many of these increase in premiums for those on would offer to work in good faith in the children. TRICARE. And it is just TRICARE next hour to try to come up with a sec- This care is limited to Active-Duty Prime; it is not TRICARE Standard ond-degree amendment that would be servicemembers only. Guard and Re- and TRICARE For Life. It is just $2. acceptable to my colleague and to the serve families receive intermittent Madam President, $550 per year covers chairman and ranking member of this care, and children of retirees can’t even your whole family, with no deductibles committee that would actually pay for get coverage at all. As a consequence, and no copays right now. It hasn’t been it. military servicemembers often must increased since 1995. Madam President, I yield the floor turn to State Medicaid Programs to So one of the things we ought to do and reserve the remainder of my time. help provide these services to their is we ought to work to bring TRICARE The PRESIDING OFFICER. Who children. But the problem is that these standards up to make sure they meet yields time? Mr. COBURN. Madam President, how services are often unavailable because the needs of everybody. I don’t disagree much time is remaining? of long—years—wait lists. In Maryland, with that. But the other thing we The PRESIDING OFFICER. There is for example, the wait list is 7 years, es- ought to do is we ought to pay for it. 5 minutes for Senator COBURN and 6 sentially eliminating ABA coverage Now, where is the money going to come during the early developmental years minutes for Senator GILLIBRAND re- from to pay for this, this very well-in- maining. when a child needs it most. The wait tentioned and proper thing? The way it list in Virginia is 10 years long. Mr. MCCAIN. Will the Senator yield 2 is written now by the Senator from minutes to me? Even more remarkable than New York, this will come out of the op- TRICARE not covering these treat- Mr. COBURN. I would be happy to erations and maintenance fund. So the ments is that the Office of Personnel yield. very father of an autistic child will Management has determined that such Mr. MCCAIN. Madam President, have less flight time, less drill time, treatments may be covered as medical there is no one I know of in this body less shooting time, less preparation therapies for Federal civilian employ- at any time who would not want to as- time to go out and be a warfighter. And ees. A recent court decision, which the sist and provide the best care, espe- as we think about the 10-percent DOD is still reviewing and may appeal, cially for our disabled children who across-the-board cut that is coming or determined that TRICARE must cover have autism. It is one of the most com- the $500 billion that is proposed to these treatments. But this decision is pelling stories any of us have ever come out of the Defense Department, being applied under the most narrow heard. But I think it is also important definition in the interim, limiting the none of it is going to come out of for us to recognize that when we con- potential pool of providers. This TRICARE. tinue to add on benefits without a So what we ought to do is we ought amendment requires TRICARE to pro- hearing, without any scrutiny, without to fix these things, but we ought to fix vide coverage and deliver services in a balancing where they are in the array them without digging our hole deeper. manner that is consistent with the best of priorities we have, and without pay- Before Secretary Gates left, he said ing for them—it seems to me that in practices, thereby improving access to the biggest thing that is eating the care for our military families and the budget we have and the expendi- lunch in the Defense Department is the aligning the TRICARE policy with cov- tures we have, to just say, as the dis- department of health within it that erage that is basically available to tinguished Senator from New York just manages the health care because we anybody else in the civilian sector. stated, that we will address it next I believe we have a duty to stand by have not done an appropriate job of year, we will get that taken care of— our military families. We have to ad- having a slight rise in premiums to we all know the hardest thing around dress this difficult medical issue. We cover some of the tremendous benefits. here is to find funds for programs. ask so much of our men and women Nobody else in the country gets the So I appreciate more than I can say who serve in the military. We must benefits we give with TRICARE—no- the dedication of the Senator from New support their families. This amend- body—$550 a year per family, $275 if York on this issue, but here we go ment simply fulfills that promise. you are single, and no copay and no de- again—we are going to now bestow an- I yield the floor. ductible. All it would take is $24 a year other entitlement that is not paid for. The PRESIDING OFFICER. The Sen- by our TRICARE Prime to pay to make With all due respect, I say to the Sen- ator from Oklahoma. sure that the people with disabilities ator from New York, why don’t she Mr. COBURN. Madam President, and the people with autism have the give us something to pay for it with? first, I wish to announce that I agree appropriate therapies and they are cov- Why don’t she come up with an offset with the assessment of the Senator ered under TRICARE. that would then not have us increase from New York in terms of the treat- So I would ask my colleague from the debt by $1.9 billion? We are now ment that should be offered. I have no New York if she would mind with- adding a cost of $1.9 billion in the name problems with that. I think she is drawing her amendment, to be voted on of one of the most humane and compel- right. There are a lot of other things in later, that I might be able to offer a ling causes any of us know. But don’t TRICARE that aren’t right. And what second-degree amendment and maybe we have an obligation to the tax- the Senator from New York is doing is in that way or another way pay for this payers? We have an obligation to the admirable, but there is a portion of it out of things that we know are going taxpayers to say that we are going to that is not. on, that we could find $1.9 billion over take care of these special needs Ameri- With the modification to her amend- the next 10 years to actually pay for cans but we are going to pay for it. In- ment, she has now raised the total cost the cost of this over the next 10 years. stead, we are going to lay an additional

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.057 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7158 CONGRESSIONAL RECORD — SENATE November 29, 2012 burden on the taxpayers of America I would like to pass this amendment are not paying for it and we are taking which someday is going to have to be now. Right now operations and mainte- $1.9 billion out of the O&M budget of paid for—someday. It may not be in nance has $174 billion a year in it. This the Defense Department. I ask we have this bill, but someday it is going to is $45 million for 1 year just to get the a recorded vote. have to be paid for. treatments in place for these families. The PRESIDING OFFICER. Is there a Obviously this amendment is going In 1 year’s time, we will have more ac- sufficient second? There appears to be to pass, but I would love to see the countability and transparency on what a sufficient second. Senator from New York tell us how we the real cost is. This is just an esti- The question is on agreeing to the are going to pay for it. I don’t think mate. So what we want to do is be able amendment. that is an outrageous demand. to have more facts and then go to re- The clerk will call the roll. Madam President, I yield the floor. form the TRICARE system properly, The assistant legislative clerk called The PRESIDING OFFICER. The Sen- and I commit to Senators that I will the roll. ator from New York. work with you on that. This is only au- Mr. DURBIN. I announce that the Mrs. GILLIBRAND. I thank my col- thorized for 1 year. Senator from New Jersey (Mr. LAUTEN- leagues for their statements of support The PRESIDING OFFICER. The Sen- BERG) and the Senator from Oregon for meeting the needs of the children ator from Arizona. (Mr. WYDEN) are necessarily absent. who do suffer from autism and other Mr. MCCAIN. Madam President, I be- Mr. KYL. The following Senators are developmental disorders, and I do ap- lieve it was Ronald Reagan who said necessarily absent: the Senator from preciate and believe their sincerity in that the closest thing to eternal life Illinois (Mr. KIRK), the Senator from wanting to make sure they are covered here on Earth is a government pro- South Carolina (Mr. DEMINT), and the with the treatments they need. gram. Senator from Nevada (Mr. HELLER). I think we can work together to re- Again, the complaint that we con- The PRESIDING OFFICER (Mr. form the TRICARE system. It is one tinue to hear from our constituents is COONS). Are there any other Senators that has not had the kind of reform it that we have mortgaged our children’s in the Chamber desiring to vote? needs. But this is just an authorization and our grandchildren’s futures. And to The result was announced—yeas 66, for 1 year to meet the needs of these somehow say, well, we are only author- nays 29, as follows: kids now because I don’t want to wait izing this program for 1 year—does the [Rollcall Vote No. 211 Leg.] Senator from New York really believe until we figure it out and figure out YEAS—66 the rest of the program. that once we start treating children with autism, we are going to terminate Akaka Gillibrand Mikulski In addition, we did have a hearing. Ayotte Grassley Moran We had scientists and doctors and that program? Does she really believe Baucus Hagan Murkowski those who are medical professionals that? Of course not. Of course not. Begich Harkin Murray come to testify in front of the Armed We have an obligation to the men Bennet Hatch Nelson (FL) Bingaman Hutchison Pryor Services subcommittee. Through that and women, the citizens of this country Blumenthal Inouye Reed testimony we established that the only whom we have saddled with a $16 tril- Boxer Isakson Reid reason the DOD wasn’t covering this lion debt to find ways to sacrifice our- Brown (MA) Johnson (SD) Roberts selves fiscally to pay for worthwhile Brown (OH) Kerry Rockefeller was because they believed it was an Cantwell Klobuchar Rubio educational program. And what we es- programs. So I support a second-degree Cardin Kohl Sanders tablished and what the medical lit- amendment from the Senator from Carper Landrieu Schumer erature says is that it is actually a Oklahoma, which is his right. It is his Casey Leahy Shaheen Chambliss Levin Snowe medically necessary treatment in the right to do so. And I don’t see how we Coats Lieberman Stabenow same way you would give a child who is fulfill our obligation to our citizens by Collins Lugar Tester sick a medicine. continuing to authorize and appro- Conrad Manchin Udall (CO) priate expenditure of their tax dollars Coons McCaskill Udall (NM) I want to address the needs of these Durbin McConnell Warner kids now. I will commit to working without a way to pay for it except to Feinstein Menendez Webb with the Senators to reforming take it out of our taxpayers’ pockets. Franken Merkley Whitehouse That is not right. That is not right. TRICARE so we can actually pay for NAYS—29 programs over the long term and re- The Senator from New York knows it is not right for us, no matter how wor- Alexander Enzi Paul form it in a way that is consistent with Barrasso Graham Portman the benefits our troops so desperately thy the cause, for us to continue this Blunt Hoeven Risch need. continued spend, spend, spend, debt, Boozman Inhofe Sessions debt, debt that the American people Burr Johanns Shelby Mr. COBURN. Madam President, Coburn Johnson (WI) are saddled with. I probably will not be Thune might I ask through the Chair the Sen- Cochran Kyl Toomey ator from New York if she would con- paying for the national debt but my Corker Lee Vitter Cornyn McCain kids will, my grandkids will. Can’t we Wicker sider for a short period of time with- Crapo Nelson (NE) drawing her amendment and allowing for once say: Look, this is a worthwhile me to develop a second-degree amend- program, we all support taking care of NOT VOTING—5 ment that would actually pay for this people with autism, and here is how we DeMint Kirk Wyden so that we would accomplish her goal— are going to pay for it. That would be Heller Lautenberg and I think all of our goals—of making a unique experience around this body. The amendment (No. 3058) was agreed sure the proper treatment is there but I yield. to. won’t handicap the armed services in The PRESIDING OFFICER. Who Mr. LEVIN. Mr. President, I move to terms of delayed training, less train- yields time? reconsider the vote. Mr. COBURN. I yield the remaining ing, less flying time? Because it is Mrs. BOXER. I move to lay that mo- portion of my time. tion on the table. going to come out of the operations Mrs. GILLIBRAND. I yield my time. and maintenance funds. I wonder if she Mr. COBURN. I think my colleague The motion to lay on the table was would do that with the assurance of the from New York would like to ask for agreed to. chair and the assurance of the ranking the yeas and nays. The PRESIDING OFFICER. The Sen- member and chairman of the com- Mrs. GILLIBRAND. I request a voice ator from Michigan. mittee that the amendment would still vote. Mr. LEVIN. Mr. President, I believe be considered. Mr. LEVIN. Is there anyone seeking Senator PORTMAN may be ready with The PRESIDING OFFICER. The Sen- the yeas and nays? an amendment that has been cleared ator from New York. Mrs. GILLIBRAND. I request a voice and, I believe, can be voice-voted. I am Mrs. GILLIBRAND. I urge my col- vote. wondering if my friend from Ohio could leagues to take a more lengthy time to The PRESIDING OFFICER. The Sen- confirm my understanding that he is consider how to reform TRICARE and ator from Oklahoma. ready to proceed and that he is willing pay for this program than just 1 or 2 Mr. COBURN. I think we ought to to take a voice vote on this amend- hours. have a recorded vote on this since we ment?

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.059 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7159 Mr. PORTMAN. Yes. That would be to use the GI bill or other benefits to Mr. LEVIN. I wonder if we could get great. I am willing to take a voice further their education after taking off a unanimous consent that Senator vote, and I believe it is going to be ac- the uniform, they sometimes find they CASEY be allowed to proceed as in cepted. have an issue of getting credit for work morning business to comment on filed The PRESIDING OFFICER. Does the they have done in the service. amendments for—I am sorry, was it 10 Senator from Ohio seek recognition? Each servicemember is issued a tran- minutes?—10 minutes. I ask unanimous Mr. PORTMAN. Mr. President, I do script upon leaving Active Duty. The consent that Senator CASEY be allowed seek recognition. transcript equates military training to proceed as in morning business. The PRESIDING OFFICER. The Sen- and instruction to academic credits. The PRESIDING OFFICER. Is there ator from Ohio. Colleges and universities then use objection? AMENDMENT NO. 2956 these transcripts to award transfer Without objection, it is so ordered. Mr. PORTMAN. Mr. President, I ask credit to veteran students. The Senator from Pennsylvania. unanimous consent that the pending Unfortunately, there is a significant Mr. CASEY. Mr. President, I rise amendment be set aside and call up difference in the types of transcripts today to talk about our Nation’s mili- amendment No. 2956. issued by each of the military services. tary in light of the legislation we are The PRESIDING OFFICER. Without As a result, two veterans from different considering. I commend Chairman objection, the clerk will report the services who took the exact same mili- LEVIN and Ranking Member MCCAIN amendment. tary courses could receive significantly and all those who are working on it. I The bill clerk read as follows: different academic credit at the same just have some comments on a number The Senator from Ohio [Mr. PORTMAN], for school. If we multiply that across all of amendments and a few issues. himself and Mr. AKAKA, proposes an amend- the services, all of our veteran stu- For more than a decade now our Na- ment numbered 2956. dents, and across all the colleges and tion has been at war. In that time pe- Mr. PORTMAN. Mr. President, I ask universities in this country, we end up riod, the men and women of the U.S. unanimous consent that reading of the with some real issues. We end up with Armed Forces have courageously amendment be dispensed with. many veterans losing out on credit served in Afghanistan and Iraq, as- The PRESIDING OFFICER. Without they deserve, as well as very well-in- sisted communities after disasters, and objection, it is so ordered. tentioned colleges and universities continued to provide stability across The amendment is as follows: spending a lot of time and resources the world. As the military draws down (Purpose: To require a report on Department trying to make sense of all these dif- from foreign engagements and stra- of Defense efforts to standardize edu- ferences to help this process for vet- tegic directions are reassessed, the cational transcripts issued to separating erans. It often falls on the Veterans Senate should do the same with regard members of the Armed Forces) Service Offices in these schools, and as to these issues. At the end of subtitle F of title V, add the my colleagues know, these Veterans Unlike previous debates on the Na- following: Service Offices should be spending tional Defense Authorization Act, this SEC. 561. REPORT ON DEPARTMENT OF DEFENSE year the bill before us seeks to clarify EFFORTS TO STANDARDIZE EDU- their time assisting veterans with their CATIONAL TRANSCRIPTS ISSUED TO transition to academic life, which is the role of the military for the next SEPARATING MEMBERS OF THE sometimes a challenge. decade or more. ARMED FORCES. Ohio has been leading on this issue We are being asked to evaluate how (a) REPORT REQUIRED.—Not later than 90 and has organized public and private large our military needs to be as we as- days after the date of the enactment of this schools, our State board of regents, and sess our near- and long-term threats. Act, the Secretary of Defense shall submit to We are being asked to evaluate what the Committees on Armed Services of the even the Ohio National Guard to try to Senate and the House of Representatives a bring some sense to this. That has been equipment and resources this fighting report on the efforts of the Department of helpful, but it would be far easier and force will need to keep the peace and to Defense to standardize the educational tran- far better to standardize the military combat new aggressors, all while we scripts issued to members of the Armed transcripts themselves. It would avoid, are being asked to evaluate programs Forces on their separation from the Armed again, a lot of the issues, a lot of the we have introduced over the past dec- Forces. bureaucracy. ade to support our servicemembers and (b) ELEMENTS.—The report required by sub- The Defense Department has recog- their families. section (a) shall include the following: There are just a couple issues that (1) A description of the similarities and dif- nized some of these issues, and I think ferences between the educational transcripts they have started down the path of de- are relevant to this debate, one which issued to members separating from the var- veloping a joint services transcript. has particular significance for south- ious Armed Forces. This is an important first step, and western Pennsylvania. This is with re- (2) A description of any assessments done through this amendment we seek an gard to the military’s force structure. I by the Department, or in conjunction with understanding of those requirements have been alarmed at two proposals educational institutions, to identify short- and their implementation plan for this submitted by the Air Force as it seeks comings in the transcripts issued to sepa- kind of initiative, should it be in place, to restructure. rating members in connection with their In Pennsylvania, the Air Force has ability to qualify for civilian educational in order to see it on a path to a swift credits. and thorough resolution. sought to eliminate the Pittsburgh Air (3) A description of the implementation So I think this is one that, again, as Reserve Station where approximately plan for the Joint Services Transcript, in- the chairman was asking, could be 1,500 Reservists and civilians are com- cluding a schedule and the elements of exist- voice-voted. I hope it will be. mitted to serving our Nation. After nu- ing educational transcripts to be incor- So, Mr. President, I ask for a voice merous briefings and hearings, the Air porated into the Transcript. vote on the pending amendment. Force has yet to provide us—to provide Mr. PORTMAN. Mr. President, this is The PRESIDING OFFICER. Is there my office and I think other offices as a pretty simple amendment. It has to any further debate on the amendment? well—with a thorough analysis of sev- do with correcting a problem that we If not, the question is on agreeing to eral of their proposals. These pro- have found in Ohio and around the the amendment. posals, as presented, have failed to re- country. Amendment No. 2956 simply The amendment (No. 2956) was agreed flect the low overhead costs, effi- calls on the Secretary of Defense to to. ciencies, and the value of the 911th Air- work to standardize the educational Mr. PORTMAN. I yield the floor. lift Wing. transcripts of separating servicemem- Mr. LEVIN. Mr. President, I move to For example, the 911th has developed bers. I appreciate Senator AKAKA’s reconsider the vote. an aircraft maintenance program that leadership and cosponsorship of this Mr. PORTMAN. I move to lay that has resulted in more aircraft avail- amendment. motion on the table. ability days while saving the Depart- It is an important issue to a lot of The motion to lay on the table was ment more than $42 million over the our veterans as they are seeking to agreed to. last 5 years. The Air Force continues pursue their educational opportunities The PRESIDING OFFICER. The Sen- to reiterate that they must find sav- after being in the service. If they seek ator from Michigan. ings in this tight budget environment.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.062 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7160 CONGRESSIONAL RECORD — SENATE November 29, 2012 If this is true, I am not convinced the sor—just 1—per 7,498 servicemembers Second, the Department of Defense closing of one of their most efficient and their families, obviously not must work to improve gender sensi- bases meets this objective of cost sav- enough advisors to help our families. tivity and responsiveness among Af- ings. I believe this ratio does a disservice ghan national security forces per- I am also disturbed to see how the to citizen soldiers and to airmen as sonnel. Third, it increases recruitment Air Force Reserve continues to be well as others and their families. I ask and retention of women in the Afghan treated during this process. While the my colleagues to support and strength- national security forces. It will also re- Guard and Active components have en this program as our veterans of Iraq quire that the Department of Defense been mostly protected, the Air Force and Afghanistan try to reintegrate report on the implementation of this Reserve, including the 911th in Pitts- back into their lives. I thank Senators strategy and its results in semiannual burgh, has borne the brunt of these LEAHY, BLUMENTHAL, TESTER, MIKUL- reports that are filed. proposed cuts. Therefore, I am pleased SKI, and WYDEN for cosponsoring this When I last visited Afghanistan, lead- Chairman LEVIN and the members of important amendment. ing a CODEL in August of 2011, I was the Armed Services Committee have Finally, my last issue. This involves privileged to meet with a group of Af- worked to prevent the Air Force from women in Afghanistan. In addition to ghan women leaders. I was impressed moving forward with these proposals in making important adjustments to the and inspired—that is an understate- fiscal year 2013. size and strength of our military, the ment—inspired by their determination I ask other colleagues to join Sen- authorization act also helps to shape to continue to fight for women’s rights ators BEGICH, GILLIBRAND, and me on strategic priorities in critical regions. even in the face of extraordinary op- amendment No. 2952 that seeks to pre- In Afghanistan, we are reducing the pression and violence. vent the military from using a back- U.S. presence and transitioning secu- One member of Parliament, Fawzia door BRAC process to substantially re- rity responsibilities to Afghan forces. Kofi, lost her father and her husband as duce or close bases, especially without It is critical this process protects the a result of her family’s involvement in justifying to Congress their intentions. gains that have been made over the politics. But she is still determined to On behalf of Pennsylvania’s Air Force last 10 years, particularly with regard be a leader in protecting women’s Reserve, I will continue to fight for a to the rights and opportunities of Af- rights and advancing Afghanistan’s reasoned and balanced restructuring of ghan women and girls. I am concerned democratic development. She and her the Air Force. that as our international forces draw colleagues, along with women across The second issue I wish to raise is the down, extremists threaten to once Afghanistan, are prepared to do what- so-called TAA Program. We know our again restrict Afghan women’s mobil- ever it takes to make sure their rights long-term strategic interests must also ity and opportunities for participation are protected and that they have a secure the future of servicemembers in public life. voice in their country’s future. Sup- and veterans alike. Today, I have in- Women who are active in public life porting them is not only in line with troduced an amendment that provides face serious threats to their personal our American values, it is critical to assistance to our servicemembers and safety in Afghanistan. Girls have been discouraging extremism and laying a their families. It is amendment No. the targets of extremist violence sim- foundation for a peaceful future in Af- 2297, the Transition Assistance Advi- ply for going to school. We all know ghanistan. sors Program, the so-called TAA Pro- the story that was written about the I am glad several of my colleagues gram. acid thrown in the face of two young have joined us as cosponsors in this im- It seeks to make permanent and in- girls. That was repeated numerous portant amendment. I hope we can see crease the numbers of transition assist- times across the country. Afghan more support as we move forward. ance advisors in every State. These ad- forces are not doing enough to counter I yield the floor. visors coordinate resources for the Re- these influences and protect women in The PRESIDING OFFICER. The Sen- serve component members and their their communities. This just does not ator from Florida. families to help these individuals navi- threaten Afghan women and Afghan gate the myriad of service programs girls, it threatens the success of the se- Mr. NELSON of Florida. Mr. Presi- provided by the VA, TRICARE, vet- curity transition in Afghanistan that dent, the chairman has asked me to erans service organizations, and other we are paying for, that we have in- manage the bill in the meantime while supporting agencies. vested in, that our fighting men and he is working out with the leadership a These advisors are considered a force women have fought and died for. list of amendments. multiplier by the National Guard Bu- We know that when women’s security Seeing no other Senator who wants reau. The TAA assistance advisors en- deteriorates, it can be an early indi- to speak at this point, if I may, then I hance the Bureau’s outreach capabili- cator of a worsening security condition will talk about an amendment that ties, serve as a vital link between serv- overall. I am very concerned that if we would be offered in the future. icemembers and the benefits to which neglect women’s security in Afghani- I am going to offer an amendment to they are entitled. In the last 2 years, stan during this transition period and repeal the offset in the Department of since this initiative was launched, 62 of if we stand by while women are forced Defense and the VA benefits for mili- these advisors have reached more than out of public life and have their voice tary widows and widowers. The stand- 194,000 veterans and their families. Yet silenced by extremists, we will see a alone bill, S. 260, has widespread sup- 62 advisors can only do so much. All less stable and a less secure Afghani- port from military organizations and too often, I hear from my National stan in 2014 and beyond. has 51 cosponsors in the Senate. This is Guard constituents and their spouses That is why Senator HUTCHISON and I the ninth time that I have and will about how confusing it is to navigate have introduced the Afghan Women bring this amendment to the Defense military procedures and benefits, espe- and Girls Security Promotion Act and Authorization Act. cially as they go on and off duty every offered it as an amendment to the Na- It has passed the Senate six times 2 years. tional Defense Authorization Act. We over the past decade, including last Our citizen soldiers have answered are proud to be joined by Senators MI- year by voice vote. The Senate has sup- the call to serve our Nation in times of KULSKI, FEINSTEIN, GILLIBRAND, MUR- ported eliminating this offset for years. need. Should we not be doing every- KOWSKI, SNOWE, LAUTENBERG, CARDIN, I hope this body will remain steadfast thing we can to help them navigate and BOXER. in its support for military widows and these complicated measures when they Here is what the legislation does: It survivors. return home? I think the answer to requires the Department of Defense to The Presiding Officer will recall in a that question is a resounding yes. produce a plan—just a plan—to produce number of addresses that President Last year, Congress authorized end a plan to promote the security of Af- Lincoln gave he spoke of the responsi- strengths of 464,900 guardsmen and ghan women and girls during the tran- bility the government has to take care women in the Army and Air National sition process, including monitoring of the veteran and his widow and or- Guard. On average, this comes to an and responding to changes in women’s phans. That is an ingrained principle average of 1 transition assistance advi- security. within the law. That is an ingrained

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.064 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7161 principle as we uphold the finest fight- but that is what we are doing to the chlorate. Lead and perchlorate kill, ing force in the world, which is our military survivors, the widows and the they harm, they do damage to the thy- military. orphans. We are not taking care of roid, to brain development, and to the What this amendment does is it ad- those who are left behind. behavior of children. Pregnant women dresses the longstanding problems We must meet our obligation to the are harmed. faced by those survivors of people who widow and the orphan with the same So I am not going to allow an envi- are killed in action or whose death is sense of honor as was the service their ronmental rider to get onto this floor related to the service in the military. loved one rendered. We must eliminate and pass this Senate when we are doing The requirement for the dollar-for-dol- this SBP-DIC offset. It is the right a defense bill which is meant to protect lar reduction of the Department of De- thing to do, and it is going to cost a lot our people. I can tell you right now, fense Survivor Benefit Plan—it is an less than when I tried this 11 years ago, you don’t put a harmful environmental annuity—is offset by the amount of de- but there will be costs. But we have to rider in the Defense bill when you are pendency and indemnity compensation start by setting the policy of what is trying to pass a bill to protect our peo- that is received from another depart- right. ple, not make it easier for them to be ment, the Department of Veterans Af- Mr. President, I yield the floor, and I exposed to dangerous lead, dangerous fairs. suggest the absence of a quorum. perchlorate, and other chemicals. The Survivor Benefit Plan from the The PRESIDING OFFICER. The There is a place and a time to do those Department of Defense is an optional clerk will call the roll. amendments, and that would be on a program for military retirees offered The legislative clerk proceeded to relevant bill, a bill that comes out of by the Department of Defense. Military call the roll. the Environment Committee. That is retirees pay premiums out of their re- The PRESIDING OFFICER. The Sen- fine. We can debate it then and have a tirement pay to ensure that their sur- ator from California. vote when everyone understands the vivors will have adequate income upon Mrs. BOXER. I ask unanimous con- ramifications. that servicemember’s death. That is an sent that the order for the quorum call Now there is threat here to have an- insurance plan paid for by the military be rescinded. other environmental rider that deals retiree. The PRESIDING OFFICER. Without with coal ash, the regulation of coal On the other hand, the Dependency objection, it is so ordered. ash. What does that have to do with and Indemnity Compensation is a com- The Senator from California. the military bill? Zero. The compo- pletely different survivor benefit. It is Mrs. BOXER. Mr. President, just in nents of coal ash are a huge danger to administered by the VA. When military the lull here—and if there is any legis- people. We have seen the coal ash pile service caused the servicemember’s lative business to take place, I will im- up and get loose. In the East, it just death, either due to service-connected mediately give up the floor—I wish to goes down in a rainstorm and destroys disability or illness or Active-Duty make the point that I am so proud to whole communities. There is an envi- death, surviving spouses are entitled to be in this Senate, so proud to have ronmental rider waiting to be offered a monthly compensation. Most re- been here for a long time now. I came that would weaken the EPA’s ability cently that has been $1,154. That comes here in 1993. There were 2 women, then to go to that threat and get rid of it. from the VA. That is as a result of we went to 6 women, and now we are I am very distressed, and I am sure death with a service-connected dis- going to 20 women. I have seen you can hear it in my voice. I know ability or illness or Active-Duty death. changes, I have seen good things, and I there are differences around here, but I Now, of the 270,000 survivors that are have seen rough things. take my job seriously. As chairman of receiving, under the insurance plan, I have to say one of the things that the Environment Committee, my job is the Survivor Benefit Plan, about 54,000 keeps coming up continually here is to protect the public health from tox- of those widows and orphans are sub- folks trying to use these debates on ins such as lead, perchlorate, and the ject to the offset. bills to add irrelevant amendments, amazing collection of chemicals in coal According to the Defense Actuary, amendments that have nothing to do ash that kill and harm and maim. 31,000 survivors’ SBP, the insurance with the topic at hand. I know people want to get this bill plan, is completely offset by the de- I think we all agree that defending done, and, believe me, I want to get pendency and indemnity compensation, our Nation is our No. 1 priority, and this bill done. I have several amend- meaning that the widow or the wid- therefore having a defense authoriza- ments in this bill that are so impor- ower must live just on the DIC, which tion bill is very important. I am sure tant, and I thank colleagues on both is $1,154. Well, that is simply not fair we don’t agree with every single sen- sides of the aisle, particularly Senator because if you engage in an insurance tence of this bill, but in general we all CORNYN and Senator SNOWE, who contract and you pay premiums to give want to make sure that our military is helped me with an amendment that you a certain return upon the hap- prepared, that they are paid well, that would say that if someone has been pening of an event—in this case, the they get good benefits. We must ensure convicted of a sexual assault, they can death of a retired military member— we have a strong military that can no longer join the military. That is in then that contract ought to be offered. meet every threat. Again, we are going this bill. That is very important. But because this has been an expensive to disagree on what all that means, but We have other amendments we have item in the past, what has happened at least when we legislate, we ought to worked on, and I thank Senator LEVIN over the years that this Senator has make sure that when we offer amend- and Senator MCCAIN. They have been trying to eliminate this offset is ments, they are either noncontrover- reached out to the committee chairs, we have whittled it down but not com- sial and committee chairs have signed and they have said: Look, we are try- pletely done the complete offset. The off if they are in their jurisdiction or ing to protect your jurisdiction. They fact is that the group of people af- we shouldn’t offer them. have now said they have no agreement fected, the group of widowers or wid- The reason I rise today is that we that our jurisdiction will be protected. ows, is getting smaller and smaller and may be facing two environmental rid- As much as I don’t want to sit here therefore is going to cost less. I know ers on this bill, and I want to go on and stand guard, I am going to do it be- of no purchased annuity plan that record as saying I am not going to let cause I think that is my role and that would deny payout based on the receipt that happen. Now, if colleagues want to is my job. of a different benefit, which is the case override and stay here through the I thank you, Mr. Chairman, for this here. night and the weekend, that is fine, but moment to express the reason I have Retirees bought into the SBP, the in- I am going to be staying right here be- been on the floor all afternoon and will surance plan, in good faith, these mili- cause one of these amendments would continue to be on floor until we ad- tary families planned for the future, say that the EPA, under the Toxic Sub- journ this evening. and the government failed to hold up stances Control Act, could never regu- Mr. President, I yield the floor, and I its end of the bargain. late the ingredients in ammunition. note the absence of a quorum. The military has a longstanding tra- This means they could never regulate The PRESIDING OFFICER. The dition never to leave a comrade behind, lead and they could never regulate per- clerk will call the roll.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.065 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7162 CONGRESSIONAL RECORD — SENATE November 29, 2012 The legislative clerk proceeded to ‘‘(1) IN GENERAL.—For each recalcitrant ‘‘(4) PUBLIC NOTICE.—With respect to each call the roll. cancer identified under subsection (b), the scientific framework developed under sub- Mr. LEVIN. Mr. President, I ask Director of the Institute shall develop (in ac- section (a), not later than 30 days after the unanimous consent that the order for cordance with subsection (c)) a scientific date of completion of the framework, the Di- rector of the Institute shall— the quorum call be rescinded. framework for the conduct or support of research on such cancer. ‘‘(A) submit such framework to the Com- The PRESIDING OFFICER (Mr. ‘‘(2) CONTENTS.—The scientific framework mittee on Energy and Commerce and Com- FRANKEN). Without objection, it is so with respect to a recalcitrant cancer shall mittee on Appropriations of the House of ordered. include the following: Representatives, and the Committee on Mr. LEVIN. Mr. President, we are ‘‘(A) CURRENT STATUS.— Health, Education, Labor, and Pensions and now going to turn to an amendment of ‘‘(i) REVIEW OF LITERATURE.—A summary of Committee on Appropriations of the Senate; Senator WHITEHOUSE which has been findings from the current literature in the and cleared. We have worked to make sure areas of— ‘‘(B) make such framework publically everybody understands that he is going ‘‘(I) the prevention, diagnosis, and treat- available on the Internet website of the De- ment of such cancer; partment of Health and Human Services. to proceed to the amendment. And ‘‘(b) IDENTIFICATION OF RECALCITRANT CAN- then I understand there is not going to ‘‘(II) the fundamental biologic processes that regulate such cancer (including similar- CER.— be a need for rollcall vote on it. ities and differences of such processes from ‘‘(1) IN GENERAL.—Not later than 6 months I ask the Senator from Rhode Island, the biological processes that regulate other after the date of the enactment of this sec- about how much time does he believe cancers); and tion, the Director of the Institute shall iden- he would need on his amendment be- ‘‘(III) the epidemiology of such cancer. tify two or more recalcitrant cancers that fore we hopefully voice vote? ‘‘(ii) SCIENTIFIC ADVANCES.—The identifica- each— Mr. WHITEHOUSE. I would say just 2 tion of relevant emerging scientific areas ‘‘(A) have a 5-year relative survival rate of and promising scientific advances in basic, less than 20 percent; and or 3 minutes. ‘‘(B) are estimated to cause the death of at Mr. LEVIN. I thank the Presiding Of- translational, and clinical science relating to the areas described in subclauses (I) and least 30,000 individuals in the United States ficer. per year. Mr. WHITEHOUSE. But I do believe (II) of clause (i). ‘‘(iii) RESEARCHERS.—A description of the ‘‘(2) ADDITIONAL CANCERS.—The Director of that the Senator from Oklahoma wish- availability of qualified individuals to con- the Institute may, at any time, identify es to respond. duct scientific research in the areas de- other recalcitrant cancers for purposes of Mr. LEVIN. And I appreciate that. scribed in clause (i). this section. In identifying a recalcitrant Mr. President, I ask unanimous con- ‘‘(iv) COORDINATED RESEARCH INITIATIVES.— cancer pursuant to the previous sentence, sent that there be 10 minutes on the The identification of the types of initiatives the Director may consider additional Whitehouse amendment, equally di- and partnerships for the coordination of in- metrics of progress (such as incidence and mortality rates) against such type of cancer. vided between Senator WHITEHOUSE and tramural and extramural research of the In- stitute in the areas described in clause (i) ‘‘(c) WORKING GROUPS.—For each recal- Senator COBURN. with research of the relevant national re- citrant cancer identified under subsection The PRESIDING OFFICER. Is there search institutes, Federal agencies, and non- (b), the Director of the Institute shall con- objection? Federal public and private entities in such vene a working group comprised of rep- Without objection, it is so ordered. areas. resentatives of appropriate Federal agencies Mr. WHITEHOUSE. Mr. President, ‘‘(v) RESEARCH RESOURCES.—The identifica- and other non-Federal entities to provide ex- may I ask the chairman if he wishes tion of public and private resources, such as pertise on, and assist in developing, a sci- the amendment called up now and patient registries and tissue banks, that are entific framework under subsection (a). The available to facilitate research relating to Director of the Institute (or the Director’s made pending or are we simply going designee) shall participate in the meetings of to have discussion on it? each of the areas described in clause (i). ‘‘(B) IDENTIFICATION OF RESEARCH QUES- each such working group. Mr. LEVIN. The Senator, we expect ‘‘(d) REPORTING.— TIONS.—The identification of research ques- now, will be calling up his amendment. tions relating to basic, translational, and ‘‘(1) BIENNIAL REPORTS.—The Director of And may I, though, correct what I said clinical science in the areas described in sub- NIH shall ensure that each biennial report before. It is possible that there will be clauses (I) and (II) of subparagraph (A)(i) under section 403 includes information on ac- a need for a rollcall vote on the White- that have not been adequately addressed tions undertaken to carry out each scientific house amendment. with respect to such recalcitrant cancer. framework developed under subsection (a) with respect to a recalcitrant cancer, includ- ‘‘(C) RECOMMENDATIONS.—Recommenda- AMENDMENT NO. 3180 ing the following: Mr. WHITEHOUSE. Mr. President, I tions for appropriate actions that should be taken to advance research in the areas de- ‘‘(A) Information on research grants ask unanimous consent that the pend- scribed in subparagraph (A)(i) and to address awarded by the National Institutes of Health ing amendment be set aside in order to the research questions identified in subpara- for research relating to such cancer. call up amendment No. 3180. graph (B), as well as for appropriate bench- ‘‘(B) An assessment of the progress made in The PRESIDING OFFICER. Without marks to measure progress on achieving improving outcomes (including relative sur- objection, it is so ordered. such actions, including the following: vival rates) for individuals diagnosed with such cancer. ‘‘(i) RESEARCHERS.—Ensuring adequate The clerk will report. ‘‘(C) An update on activities pertaining to The assistant legislative clerk read availability of qualified individuals described in subparagraph (A)(iii). such cancer under the authority of section as follows: 413(b)(7). ‘‘(ii) COORDINATED RESEARCH INITIATIVES.— The Senator from Rhode Island [Mr. Promoting and developing initiatives and ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER- WHITEHOUSE] proposes an amendment num- partnerships described in subparagraph TAIN FRAMEWORKS.—For each recalcitrant bered 3180. (A)(iv). cancer identified under subsection (b)(1), the Director of the Institute shall, not later than Mr. WHITEHOUSE. Mr. President, I ‘‘(iii) RESEARCH RESOURCES.—Developing ask unanimous consent to dispense additional public and private resources de- 6 years after the initial development of a scientific framework under subsection (a), sub- with further reading of the bill. scribed in subparagraph (A)(v) and strengthening existing resources. mit a report to the Congress on the effective- The PRESIDING OFFICER. Without ness of the framework (including the update ‘‘(3) TIMING.— objection, it is so ordered. required by subsection (a)(3)(A)(ii)) in im- ‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT The amendment is as follows: proving the prevention, detection, diagnosis, UPDATE.—For each recalcitrant cancer iden- (Purpose: To provide for scientific frame- tified under subsection (b)(1), the Director of and treatment of such cancer. works with respect to recalcitrant cancers) the Institute shall— ‘‘(e) RECOMMENDATIONS FOR EXCEPTION At the appropriate place, insert the fol- ‘‘(i) develop a scientific framework under FUNDING.—The Director of the Institute shall lowing: this subsection not later than 18 months consider each relevant scientific framework developed under subsection (a) when making SEC. ll. SCIENTIFIC FRAMEWORK FOR RECAL- after the date of the enactment of this sec- CITRANT CANCERS. tion; and recommendations for exception funding for Subpart 1 of part C of title IV of the Public ‘‘(ii) review and update the scientific grant applications. ‘‘(f) DEFINITION.—In this section, the term Health Service Act (42 U.S.C. 285 et seq.) is framework not later than 5 years after its ‘recalcitrant cancer’ means a cancer for amended by adding at the end the following: initial development. which the five-year relative survival rate is ‘‘(B) OTHER UPDATES.—The Director of the ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RE- below 50 percent.’’. CALCITRANT CANCERS. Institute may review and update each sci- ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAME- entific framework developed under this sub- Mr. WHITEHOUSE. Mr. President, I WORK.— section as necessary. thank Chairman LEVIN and Ranking

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.066 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7163 Member MCCAIN for their patience and try in terms of research into diseases. tutes and Centers frequently form other ad- persistence in allowing us to get to this Since Francis Collins and his great visory groups charged with planning re- vote. I think once I have discussed the work on the genome complex became search on Institute-specific or trans-NIH successful, the way we research disease subjects. These many activities, in conjunc- bill for a moment, it might not seem as tion with our peer review panels, are part of though it would have required much has totally changed. I have my favorite our ongoing effort to evaluate the current patience or persistence to get here, but aunt who died of pancreatic cancer. I scientific landscape and to protect and ad- it did. They have been very kind and diagnosed it hundreds of times in my vance our investments in research for public very attentive, and I appreciate it. own practice of patients who were dear benefit. The history of this amendment is to me and whom I love. The problem Let me provide a recent example of how that it began as a bill in the Senate. with pancreatic cancer is it is diag- these planning processes work. The National nosed late. It is an adenocarcinoma of Institute of Allergy and Infectious Diseases This bill passed out of the Health, Edu- (NIAID) has used working groups to identify cation, Labor and Pensions Committee the pancreas, much like an adenocar- scientific opportunities in areas where there by unanimous consent. An identical cinoma of the colon. The reason we do are pressing public health needs. One exam- bill passed through the House of Rep- so well on colon cancer is we do ple is influenza—both seasonal influenza, resentatives under suspension. So in colonoscopies and we can treat the dis- which kills up to 49,000 Americans each year, many respects it is noncontroversial. ease early. What is well-intended by as well as pandemic influenza such as the re- I also thank Chairman HARKIN and this recalcitrant cancer bill will actu- cent 2009 H1N1 pandemic. In early 2006 NIAID convened a Blue Ribbon Panel on Influenza Ranking Member ENZI of the HELP ally delay the cure for pancreatic can- Research to help identify areas in which Committee for their help getting it cer and other recalcitrant diseases. progress was needed. This panel rec- through the HELP Committee unani- Let me take a few minutes to explain ommended eight areas in which there were mously and for clearing it for a vote why I am saying that. opportunities for scientific advancement, in- here today on the floor. We no longer look at diseases to cure cluding research on improved influenza vac- The bill at this point has nearly 60 them by looking at the base disease. cines. To continue and build upon these ef- cosponsors. It has 18 Republican co- There is translational and forts, NIAID released NIAID Influenza Re- sponsors, and I thank them individ- neurocommunicative and peptide and search: 2009 Progress Report, which identi- small markers of communication on an fied the development of ‘‘universal’’ influ- ually and by name: Senators BLUNT, enza vaccines as an expanding area of sci- BOOZMAN, BROWN of Massachusetts, intracellular basis. Now, when we do entific opportunity. CHAMBLISS, COCHRAN, COLLINS, CRAPO, research and we find that, what we find Currently, the NIAID’s extramural re- GRASSLEY, HELLER, HUTCHISON, ISAK- is we find cures for multiple diseases. searchers are pursuing multiple vaccine SON, KIRK, LUGAR, MORAN, MURKOWSKI, The other thing is we can take 100 strategies for the development of a universal RUBIO, SNOWE, and WICKER, in addition people with a recalcitrant cancer, and influenza vaccine. In addition, researchers at to all my Democratic cosponsors. every one of them, when we look at the the NIAID Vaccine Research Center are This is a bill that also has the sup- genetics of cancer, will have to be making significant progress towards the de- treated differently. In other words, it is velopment of such a vaccine. They have test- port of the American Cancer Society, ed in animals a two-step, prime-boost vac- the Pancreatic Cancer Action Network, going to take a different approach, cine that generates neutralizing antibodies the Lung Cancer Alliance, and the even though we might classify it as a against many strains of influenza virus. Ani- American Association for Medical Re- neuroblastoma of the kidney or a pan- mal studies of this technique have proven search, as well as the American Asso- creatic cancer—but looking at the ge- promising, and researchers will soon study ciation of Medical Colleges. netics of the cancer, which is what we the approach in human clinical trials. This What the bill does is asks that the are doing now, is going to require to- past summer, NIAID sponsored, with the National Institutes of Health convene tally different treatments. Food and Drug Administration, a scientific meeting to revisit progress and challenges and evaluate a discussion about what This is very well intended. I understand. This is a big disease, and it is with regard to the development of universal we call recalcitrant cancers. This actu- influenza vaccines. This comprehensive ally began as a pancreatic cancer re- terrible that we diagnose it at a time NIAID effort is just one example of how the search bill, but it became apparent where we cannot end up—less than 10 NIH constantly examines scientific opportu- that there were some other cancers percent, around 5 percent survival nities and conducts research evaluation and that we group now as what we call re- rates, 5-year survival rates on this dis- planning activities within its current statu- calcitrant cancers in that they have ease. tory authority. not responded to treatment and re- I would like to have printed in the You next asked me to address the NIH’s ability to foster groundbreaking discoveries search, and they remain cancers for RECORD a letter I received from Dr. Francis Collins. I ask unanimous con- without legislation that directs it to address which there has been little progress a specific disease or group of diseases. While and survivability. And because they sent to have that printed. we seek always to be responsive to the con- are so deadly and so lethal, we are try- There being no objection, the mate- cerns of the public, often expressed through ing to direct a little more attention rial was ordered to be printed in the ‘‘report language’’ in appropriations bills, out of NIH toward research on these RECORD, as follows: the NIH has considerable statutory author- cancers. DEPARTMENT OF HEALTH & ity to plan and oversee the research that For me, this has a personal compo- HUMAN SERVICES, leads to important discoveries. Because our science often produces new and unexpected nent, as I know it does for many people Bethesda, Maryland, November 16, 2012. Hon. TOM COBURN, findings and because medicine is often con- who have been touched by pancreatic U.S. Senate, fronted with altered or unyielding threats to cancer. My mom died of pancreatic Washington, DC. public health, the NIH Institutes and Centers cancer, and I have a number of friends DEAR TOM COBURN: Thank you for your must constantly assess their research plans who have been touched by it in their September 17 letter requesting that I address and portfolios. For example, the National families as well. four questions about how disease-specific Cancer Institute recently organized a group I know the distinguished Senator legislation affects the ability of the National to perform a ‘‘horizon scan’’ of pancreatic from Oklahoma has opposition to this. Institutes of Health (NIH) to plan and per- ductal adenocarcinoma (PDAC) research, form research. building on previous planning exercises in If he would like to state his piece, I First you asked if the NIH already has the 2001 and 2008. This new group will examine will be delighted to yield the floor so ability to create strategic plans and working current research efforts, benchmark our sci- he may do so now. I hope at the conclu- groups without a legislative mandate to do entific under aiding, and identify promising sion of his remarks we could move this so. The Secretary of Health and Human and possibly underexplored areas for future by a voice vote rather than calling all Services and leaders of the Institutes and research in hopes of improving the still dire of our colleagues back for another Centers of the NIH have the authorities outcome of this dreaded disease. vote. But if he objects to that, then needed to constitute standing advisory com- You further asked me to address the im- that is within his prerogatives. mittees, create working groups, and develop pact of disease-specific legislation on the plans for research programs; as a result, they NIH’s ability to allocate resources freely and I yield the floor. do not need legislative mandates to take to study basic biology and mechanisms. The PRESIDING OFFICER. The Sen- such actions. The NIH Institutes and Centers When providing technical assistance to the ator from Oklahoma. have senior advisory councils that oversee Congress on possible legislation, the NIH Mr. COBURN. Mr. President, we have the research portfolio of each component. In- generally suggests that Congress provide the made remarkable progress in this coun- dividually or in collaboration, the NIH Insti- maximum flexibility for our mission. Basic

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.071 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7164 CONGRESSIONAL RECORD — SENATE November 29, 2012 research that may lack any overt connection calcitrant cancer legislation being consid- Mr. LEVIN. I have no objection. to specific diseases is the foundation for dis- ered by the Congress. Such statements can The PRESIDING OFFICER. Without ease-specific translational and clinical re- only be issued by the Office of Management objection, it is so ordered. search, and it must be preserved to ensure and Budget as a Statement of Administra- Mr. COBURN. ‘‘Advances in the bio- the discoveries that later drive applied work tion Policy. on individual diseases. If Congress is too pro- Thank you for your continued support of logical sciences have changed the way scriptive when it directs the NIH to focus on the NIH. we view disease. We now recognize the specific diseases, the agency loses its valued Sincerely yours, with best personal dysfunction of specific biochemical flexibility to allocate resources in a manner regards, pathways’’—not disease-specific path- that optimizes the likelihood that the sci- FRANCIS S. COLLINS, M.D., PH.D., ways—‘‘biochemical pathways that entists we support will discover the under- Director govern cell behavior that may be simi- lying disease mechanisms that must be un- Mr. COBURN. It is outlining NIH’s lar in superficially disparate diseases derstood to achieve our goal of improving the health of our nation. and specifically the National Cancer or quite different in patients with the Let me provide an example of basic re- Institute’s concerns with this type of same disease. search that addresses several specific types directive from us. I think they care What they are saying to us, through of cancer. As early as the 1980s, cancer re- about whether we solve these problems this letter, is that, of course, they are searchers observed mutations in a certain associated with these recalcitrant can- going to do what we tell them to do. critical gene, the KRAS gene, in a variety of cers. I think people who want to get it But the very intent of what we are human cancers, including about a third of lung cancers, about half of colon cancers, solved are true in their motives to try wanting to accomplish is we are going and as many as 95 percent of PDACs. Basic to solve it. to delay the outcome because we have research on a wide variety of cell types, from But there are some significant things not significantly, in the last 3 years, yeast to human, has taught us that the in his letter that I would like to quote significantly increased NIH’s budget. KRAS gene encodes an unusual signaling for my colleagues because I think it So limited dollars are going to be spent protein that acts in conjunction with other might just change your mind about us as directed through this recalcitrant proteins as a molecular ‘‘on/off’ switch for micromanaging what they are doing. bill that are not going to direct the signals promoting cellular growth. First, he says: Mutations in this gene leave the switch translational research and biochemical ‘‘on’’, resulting in persistent cell growth and We have all the authorities to do whatever pathway research they are in. division. Despite what we know about KRAS we need to do with the money that you have I would just tell my colleagues in the mutations, and despite extensive efforts in given us. We can do all these things you next 10 years we are going to see such both industrial and academic research sec- want us to do. If you tell us to do them, we phenomenal changes in our approach to tors, we have not yet been able to counter will do them. But we already have the au- disease, and the treatments for that, these mutations therapeutically. In order to thority to go where we think we are going to get the best results in the quickest way. and the reason we are going to see it is treat PDAC and many other cancers exhib- because we stop looking at diseases and iting KRAS mutations, we must focus on re- NIH constantly examines scientific oppor- search that increases our understanding of tunities and conducts research evaluation started looking at translational how such mutations drive the biological ef- and planning opportunities within its cur- genomics and biochemical pathways. fects that cause these devastating diseases. rent statutory I will be one of the few who vote Given what we have learned about molecular In other words they are looking, try- against this. I am fine with a voice mechanisms, it would be counterproductive ing to figure out how they change, vote if no other colleagues object. I to limit that effort to a specific cell type. In where they go now have no problems with that. But in the other words, if Congress directs the NIH to The national cancer institute recently or- name of doing good I suggest that we study specific diseases without flexibility, it ganized a group to provide a ‘‘horizon scan’’ are actually going to limit our ability can limit our ability to follow the best leads of pancreatic ductal adenocarcinoma ad car- to achieve, at a sooner time, the cures in science and to pursue discoveries that cinoma, building on previous planning move an entire research field forward in a that everybody who is supporting this way that produces maximum benefit to the They just did all this. They have just bill would like to see. public. been through a total review of pan- I yield. Finally, you asked me to address how creatic adenocarcinoma, and they have The PRESIDING OFFICER. The Sen- genomics has revolutionized the study of un- just shifted where they are spending ator from Rhode Island. derlying mechanisms of disease. Recent ad- funds to address this issue. Mr. WHITEHOUSE. With the permis- vances in genomics are transforming the way Basic research that may lack any overt sion of the chairman, may I ask for a science is conducted. Our understanding of connection to specific diseases is the founda- basic mechanisms has increased exponen- voice vote at this time? tion for disease-specific translational and tially with the widespread adoption of high- Mr. LEVIN. I know of nobody else clinical research. throughput screening, genome sequencing, who wishes to speak on this amend- and advances in bioinformatics. This trans- We must preserve this translational ment—I withhold that so we can hold formation of the biosciences is profoundly research if in fact we will want to even- off and see if anybody else wishes to affecting the practice of medicine. Advances tually apply it to specific diseases. So speak. in the biological sciences have changed the I would say this bill, ‘‘pre’’ the Mr. President, I know of no further way we view disease. We now recognize that genomic age, would be a right thing for debate on this amendment. dysfunction of specific biochemical pathways The PRESIDING OFFICER. If there that govern cell behavior may be similar in us to do. It is the wrong thing for us to superficially disparate diseases or quite dif- do because what we are actually going is no further debate, the question is on ferent in patients with the same category of to do is we are going to force the NIH agreeing to the amendment. diagnosis. to do things that are not going to ben- The amendment (No. 3180) was agreed When you and I were in medical school, all efit the results—the outcome of these to. patients with cancers of a given organ were diseases and waste money on what is Mrs. BOXER. Mr. President, I move treated with the same combination of chem- being directed. to reconsider the vote. otherapy, radiation therapy, or surgery. Do we have a time limit? Mr. LEVIN. I move to lay that mo- With today’s application of high-throughput The PRESIDING OFFICER. Evi- tion on the table. screening and genomics, we are now shifting The motion to lay on the table was to treating an individual’s cancer with a dently; 10 minutes equally divided. kind of ‘‘precision medicine’’ that is based Mr. COBURN. I ask unanimous con- agreed to. upon the patient’s genome and the genome of sent to continue until I finish my re- The PRESIDING OFFICER. Without his or her individual tumor. As an industry marks. objection, it is so ordered. scientist recently told the New York Times, The PRESIDING OFFICER. Is there Mr. LEVIN. Senator PORTMAN, I be- ‘‘[t]he old way of doing clinical trials where objection? lieve, wishes to speak relative to an patients are only tied together by the organ Mr. LEVIN. I am distracted. What is amendment? I believe the Senator from where their cancer originated, those days are the unanimous consent request? Ohio wishes to speak relative to an passing.’’ This is just one more reason why Mr. COBURN. I wanted to finish my amendment? I ask Senator PORTMAN be directing research resources toward a par- remarks. recognized for—how many minutes, ticular disease without flexibility, as defined in the pre-genomic era, can run counter to Mr. LEVIN. I understand. Was it an may I ask the Senator? scientific opportunity. additional 5 minutes? Mr. PORTMAN. Seven minutes. In closing, let me be clear that the NIH is Mr. COBURN. It will not be much Mr. LEVIN. For up to 10 minutes, to not permitted to take a position on the re- longer than that. I am certainly not speak up to 10 minutes.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.021 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7165 The PRESIDING OFFICER. Without today because this is an example of 1948 and 1961, a period when the highest objection, it is so ordered. how the Senate can work and has income tax rate rose from 82 to 91 per- Mr. PORTMAN. I ask unanimous worked on several bills in my short cent, we went through some tough consent to speak as in morning busi- time here. But in other cases we have times. We had four recessions. Thank- ness. not been able to do that. I think that fully, our exports that helped rebuild The PRESIDING OFFICER. Without involves both parties, again, working Europe following World War II helped objection, it is so ordered. together to solve these problems. keep the economy moving. Reducing PARTISAN RULE CHANGE The issue before us is the fiscal cliff, the top tax rate to 70 percent also Mr. PORTMAN. Mr. President, I com- and I also want to address briefly, if I helped, but the 1970s were still a period mend the chairman and ranking mem- may, the ongoing discussion about of stagnation, recession, double-digit ber for the way they are handling this taxes and what we should do regarding unemployment, double-digit interest bill. As we have seen on the floor taxes. I want to take this opportunity rates, double-digit inflation. It was today, Democrats and Republicans to talk a little about why some of us when Ronald Reagan reduced rates to alike are able to offer amendments and believe that raising tax rates would be 28 percent that we saw this impressive have an honest debate on the issues, counterproductive at a time when our period of growth, maybe the most im- which is exactly how we ought to be economy is so weak, and that there is pressive ever. operating. another opportunity, and that is for It is something we saw again in 1997 As the fiscal cliff approaches we tax reform. when capital gains taxes that were cut should not only be working together The jobs crisis and the debt crisis are under President Clinton and the Re- across the aisle to address issues like linked, and the President has made publican leadership in Congress were we are today with the Defense author- that point. He has said his priority in followed by a surge of investment and ization bill, but we should also be the grand bargain discussions, the fis- growth into the late 1990s. Again, after working to address other critical cal cliff discussions, is to ensure that the 2003 tax rate cuts, we saw another issues, including tax issues and spend- we encourage economic growth and example of the power of low tax rates. ing issues. That is what I wanted to ad- jobs. So we should use this as an oppor- This was the 2003 tax cuts. In the six dress. tunity to address the underlying prob- quarters before those rate cuts, the We have a lot of challenges. Instead lems that are holding back our econ- economy lost 1 million jobs. In the six of pulling together we seem to be pull- omy, an economy that is in tough quarters after those tax rate reducing apart, and I am specifically refer- shape today. Unemployment is still tions, in 2003, economic growth nearly ring to some of the suggestions by stuck just below 8 percent. The projec- doubled and 2.3 million jobs were some in the majority that we consider tions CBO has given us for the next added. year, by the way, are continued anemic a controversial and partisan rule Some tax increase advocates may as- growth in the economy and, in fact, un- change that would marginalize minor- sert a willingness to accept slower eco- employment going up, not down. nomic growth in the cause of deficit re- ity Members and in a way that breaks The economic case against imposing duction and that is a legitimate point the current rules to change the rules. higher taxes is overwhelming. We all What I mean by that is it takes 67 of view, that we need to have slower know if we tax something, people tend votes to change a rule in the Senate. economic growth because deficit reduc- to do less of it and that is one reason That is a rule, by the way, that dates tion is so important. But I would also why smoking is taxed, to get people to point out some statistics. Slow growth back to 1917. The reason that is in quit smoking. So why do we want to also means less tax revenue. The White place is because, obviously, folks want- raise taxes on working, saving, and in- House’s own data suggests that even a ed to force the majority and minority vesting? Instead, we should encourage .26-percent reduction in economic to work together to make those rule policies that create jobs, not discour- changes. We don’t get a two-thirds vote age them through higher taxes. growth—which is likely with big tax without that. I think it is important Don’t take it from me. There are oth- hikes—would wipe out the entire $800 that the basic rules are ones that are ers who have commented on this on billion in promised deficit reduction agreed on. both sides of the aisle. Christina from higher tax rates. Growth is so in- The party in the majority tends to Romer, President Obama’s former credibly important to reducing our change a lot around here. In fact, we Chief Economic Adviser, has written debt and deficit and getting in control have shifted back and forth between that in most circumstances, a tax in- of our fiscal situation. So tax rate in- Republicans and Democrats 7 times in crease that equals about 1 percent of creases are not only bad economic pol- the past 30 years. So at one point we GDP actually lowers GDP by about 3 icy, but they tend to be bad budget pol- are in the majority, one point in the percent. Harvard economist Marty icy. minority, and that is why having these Feldstein has written that a $1 increase Tax reform is needed, and through basic rules in place make sense. in tax rates tends to cost the economy tax reform we could have higher reve- There are some proposing we get about 76 cents of growth. nues. But both theory and practice around the 67-vote majority by some There is a global perspective on this make a convincing case that keeping procedure where, instead of having a as well because other countries have rates low is better for the economy and two-thirds vote, we would just have a gone through these fiscal problems and jobs. Structural spending reforms com- majority vote to change a rule. Regard- they have chosen to cut spending in bined with pro-growth tax reform, in less of what rule that might be—some some cases and raise taxes in other my view, are the right approach and I would say it would be on the motion to cases. There is a Harvard economist, think historically that has proven to proceed and other aspects of the fili- Alberto Alesina, who has recently stud- be true. I will speak for myself as one buster. Of course it would set a prece- ied the experience of 17 countries in the Republican, although other Repub- dent that could change the rules for developed world, such as the United licans as well are willing to accept new other things as well. I think that would States. Over the past 25 years, he has revenues, but the right way to do it is prove counterproductive in the short looked at how they have attempted to through reforming our outdated Tax term. I also think it would prove coun- reduce their budget deficits. Based on Code and having these structural re- terproductive in the long run for the IMF data, which is the International forms that everybody feels are nec- Senate. Monetary Fund, he concluded that essary. All of us are focused, I hope, on the ‘‘tax-based deficit reduction’’ was, in Both the corporate and individual serious economic challenges that we his words, ‘‘always recessionary.’’ By sides of the Code are marked by rel- face with the fiscal cliff impending. I contrast, reducing deficits by cutting atively high marginal rates and a com- think this would be the wrong time for spending and enacting pro-growth re- plex maze of tax preferences that dis- us to put this body into an even more forms, including tax reform, actually tort economic decisions, misallocate partisan environment by changing spurred economic growth, according to capital, and allow some taxpayers to these rules. the same study. avoid paying their share. Tax reform Again, I commend the chairman and I think that this is consistent with can kill two birds with one stone. By ranking member for what we are doing our own economic history. Between capping or eliminating inefficient tax

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.074 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7166 CONGRESSIONAL RECORD — SENATE November 29, 2012 preferences, we can avoid raising cor- reform designed to help grow the econ- have the intended benefit on the rev- porate and individual rates, without omy and help make American workers enue side. The alternative is clear, adding a dime to the deficit, by the and businesses more competitive so we which is, for the first time in a couple way. In fact, if done right, tax reform can compete and win in the global of decades, we need to get busy on re- will increase revenues by spurring economy. forming this Tax Code as Ronald growth, job creation and, therefore, Again, today as we are approaching Reagan did with Democratic help, in- bigger tax receipts. the fiscal cliff I hope this Senate works cluding Democratic Senators such as Tax reform is both a fiscal and com- together on a bipartisan basis to work Phil Bradley here in the U.S. Senate, petitive necessity for our country. It toward tax reform in a way to increase to encourage growth and to encourage has been more than 25 years since we revenues and grow our economy while the kind of economic growth that is substantially reformed the Tax Code we look at the important structural re- going to result in more revenue coming and twice as long—about 50 years— forms we have to make in order to in. We should not miss this oppor- since we did a bottom-up review of our solve the fiscal crisis we face. tunity to do that. international tax laws. The world has Thank you, Mr. President. As I said earlier, I believe there is a changed a lot in that time period, yet The PRESIDING OFFICER. The Sen- building consensus around that. We America has not kept up. The under- ator from Oklahoma. saw it in the Simpson-Bowles Commis- lying assumptions in our Tax Code are, Mr. INHOFE. Mr. President, let me sion. We have seen it in the Rivlin- frankly, out of step with today’s com- elaborate a little bit on what the Sen- Domenici work, and other outside plex global economy. This is especially ator from Ohio just said. I think it is groups have looked at this, at our Tax evident in our corporate Tax Code. The important to remember that the whole Code. And by broadening the base, we United States is now the highest cor- idea was a Democratic idea and not a can be more competitive and through porate tax country among all the de- Republican idea. Some of us remember. growth have additional revenues com- veloped countries in the developed We were not actually here at the time, ing in. world. Canada has lowered its federal but in the 1960s during the Kennedy ad- Mr. INHOFE. I appreciate the com- corporate rate from 16.5 percent to 15 ministration—of course, the last time I ments of the Senator from Ohio. I percent, bringing its combined rate to checked he was a Democrat—he was would go a little farther and say this 25 percent—nearly 15 points lower than the one who made this statement. I obsession that the only way to do these the U.S. combined rate. Our rate is 39.2 have quoted him very often. He said, things is to raise taxes, I think that percent when we combine the State We need more revenue to take care of flies in the face of history. and Federal burden. The Federal bur- the great society programs that he had I suggest the absence of a quorum. den is 35 percent and the State burden kind of inherited and was furthering. The PRESIDING OFFICER. The is closer to 36 percent. So right now the He said, The best way to increase rev- clerk will call the roll. average among all of the developed enue is to decrease marginal rates. He The assistant legislative clerk called countries in the world is 25.1 percent, did that. I remember the top rate went the roll. and the U.S. rate stands at 39.2 percent down from 90 percent to 70 percent, and Mrs. BOXER. Mr. President, I ask when we combine the State and Fed- during his period of time, the total that the quorum call be dispensed with. eral burdens. amount of revenue that came from The PRESIDING OFFICER. Without A similar trend, by the way, has marginal rates raised from $94 billion objection, it is so ordered. played out with respect to inter- to $153 billion. Mrs. BOXER. Mr. President, I lis- national tax rules, as our trading part- Then, a few years later, along came tened to the Senator from Ohio and I ners, including Japan and Britain, have Ronald Reagan and the total amount of want to be heard because he is talking moved to a more competitive, terri- revenue that was raised for marginal about the fiscal cliff and how upset he torial-like tax regime over the past 10 rates in the year 1980 was $244 billion is at the thought that the wealthiest years, which encourages movement of and in 1990 it was $466 billion, which al- people in America might go back to the investment, capital, and jobs overseas. most doubled in the decade that had tax rates we had under Bill Clinton So there is a simple point here which the most streamlining and reduced re- when we had the greatest prosperity, is, by standing still, the United States duction in marginal rates in our his- we had 23 million new jobs, and we bal- is falling behind. The resulting drag on tory. anced the budget to the point where we American competitiveness and job cre- So I think it is interesting to observe even had a surplus. My friend comes ation is real and substantial. that this is not—it wasn’t all a Repub- down here and complains that the pro- The solution is tax reform that lican idea, but it is something that has posal on the table would give 98 per- broadens the tax base by scaling back worked every time it has been tried. cent of the people a tax cut and he is tax preferences and cutting the cor- Mr. PORTMAN. I thank my colleague upset that 2 percent of the people porate rate. We could cut it to 25 per- from Oklahoma. I wish to follow up might have to go back to the rates cent and scale back the deductions, briefly on that and say that in 1997, under Bill Clinton. credits, and exemptions, and have a when we decided to move toward a bal- I want to say something. We just had competitive, territorial system and anced budget agreement when Presi- an election. We had a big election. We have it all be revenue neutral. There is dent Clinton was President, there was had a tough election. We had an expen- such a proposal by the Joint Com- also an agreement to cut the capital sive election. One of the major parts of mittee on Taxation here in Congress. gains rate. We sometimes forget the that election revolved around what do I am not saying it is easy. Some of capital gains rate cut produced a lot of we do about the deficits, what do we do these preferences, of course, and loop- revenue that was not expected. As a re- about economic growth, what do we do holes are ones that are very difficult to sult, we got to a unified balanced budg- about spending. We discussed it in the reduce or eliminate, but it would be et on a unified basis more rapidly than Senate races, we discussed it in the the right thing to do for our economy. anybody thought we would. It came 2 House races, and, of course, President I think we have seen some signs of de- or 3 years sooner than projected, in Obama and candidate Governor Rom- veloping bipartisan consensus on this part because there was about $100 bil- ney discussed it again and again. issue and I am hopeful we will see the lion of new revenue that showed up the My friend talks about consensus. Let same movement for pro-growth indi- next year from the fact that we did reme tell my colleagues the consensus. vidual tax reform, because reforming duce the capital gains rates. More than 60 percent of the people the entire Tax Code is critical to re- I understand the need for us to deal agree with President Obama and the gaining competitiveness, spurring with the deficit and to have revenue. Democrats that we ought to climb growth, and producing the revenues we There is no question that this is nec- down off this fiscal cliff in the next 5 need to pay for important public prior- essary, but to do it by raising rates minutes and pass what the Senate ities. alone, which is what is being proposed passed, which is to renew all the Bush The smart way to raise revenue is by some people, is going to result in tax cuts and go back to those over not through tax hikes that will shrink lower economic growth, it is going to $250,000 to the rates of Bill Clinton. our economy, but rather through tax result in job loss, and it is not going to That is what we passed here. That

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.076 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7167 would bring us almost $1 trillion over the faces of the people. I was very sibilities? Well, of course, the Federal 10 years. That will get us to climb happy to see that TOM COLE over in the Government has partnered with many down that cliff. House, who was the head of the RCC, local and State responsibilities that we Then we have other parts of the cliff, the Republican Congressional Com- deem to have national importance. there is no question about it, including mittee over there, says it is time to There is no question since 9–11–2001, the automatic sequester. I think it is come to an agreement on that pro- as we witnessed those firefighters put- easy to deal with that by bringing posal. ting their lives on the line, running home some of the overseas account So I say to the Republicans: We are into danger to save people as opposed money and applying it to the sequester giving you 98 percent. Take it. Then to running away from it—and we con- and getting rid of at least half of that let’s sit down and debate the rest of it. templated after 9–11–2001, as we have sequester, and maybe all of the seques- There are a lot of other things we have consistently in the Senate Homeland ter. But, no, people are going to listen to do. There is the AMT. We have to do Security Committee, how we would re- to these speeches every day about how a doc fix. We have to do a lot of other spond—are we ready to respond to, God we are obsessed with taxes. things. I am willing to compromise on forbid, another mass terrorist attack What are people talking about when those things. But let’s at least get on the United States? The first line of they say obsessed with taxes? I will tell those tax cuts in place right now before defense will be the local firefighters, my colleagues what I am obsessed this holiday season so that the middle the local law enforcers, and the local about. I am obsessed with the fact that class knows they are not going to face emergency medical personnel. we passed a tax cut for 98 percent of a tax increase. I can say honestly that So these brave and skillful fire- the American people and our friends the American people would think we fighters around America now become are so worried about the millionaires were doing the right thing if we were part of the first line of response to the and the billionaires that they will not to see the House take up the Senate kind of threats in this unconventional allow that bill to be voted on in the bill and pass it. age in which we live that our homeland House. So people can stand up here I yield the floor and suggest the ab- security is threatened by. morning, noon, and night, and I want sence of a quorum. As important as it is to help our fire- them to and I respect their views, be- The PRESIDING OFFICER. The fighters, obviously, many of us on both lieve me, but I do not agree with them. clerk will call the roll. sides of the aisle, who have cospon- It is no wonder that the American The bill clerk proceeded to call the sored both of these bills, understand we people are confused. We know we have roll. have to demand accountability as we the fiscal cliff. We know we don’t want Mr. LIEBERMAN. Mr. President, I spend taxpayer dollars in a time when to see tax rates go up for the middle ask unanimous consent that the order we are trying to reduce our deficit and class. Yet the Republicans say they are for the quorum call be rescinded. debt. For this reason, the amendment does going to hold up all those tax breaks The PRESIDING OFFICER. Without a couple of things. It includes provi- for 98 percent of our people because objection, it is so ordered. sions to prevent earmarks from being they want to hold on to the tax breaks Mr. LIEBERMAN. Mr. President, I attached to these programs. AFG and for billionaires and for millionaires. We rise to speak on a broadly bipartisan amendment that I have filed, and that SAFER actually have never been ear- had an election about that. marked, which is an impressive accom- People agreed with us. I suppose we I hope and believe will be called up at plishment. In other words, these are are going to have to hear these speech- some point. Obviously, I would like it formula programs in that sense and de- es every day about how we are going to to be adopted by unanimous consent cided on a merit basis, decided on ap- grow our way out of the deficit. We are but, if not, it merits a rollcall vote, plications, never earmarked from Con- and I am confident it will be addressed going to grow our way out of the def- gress. We should keep it that way. icit? Really? Look what happened on a rollcall vote. But this amendment, recognizing the This amendment is amendment No. under George W. Bush. He inherited tough economic times we are in, also 3090 to this National Defense Author- surpluses. He turned it into deficits as reduces the authorizations for these ization Act for Fiscal Year 2013. It will far as the eye can see, with huge tax two programs, AFG and SAFER, by cuts to the millionaires and billion- reauthorize two very important and more than 30 percent—more than 30 aires—huge—the very tax cuts our very broadly supported programs—the percent. So we are meeting a national friends are defending right now. He did Assistance to Firefighters, AFG, Pro- need with the authorization of these two wars on the credit card and we gram—which otherwise used to be programs, but we are doing it in a way wound up in a mess. known as FIRE, the FIRE Act—and the that is mindful of the tough fiscal So we have to come together with Staffing for Adequate Fire and Emer- times we are in. the best ideas that we can have. I know gency Response Program, known as Supporting our Nation’s firefighters we can reach agreement. But let’s do SAFER. This amendment also reau- and emergency medical service re- the first step, which is to take care of thorizes the U.S. Fire Administration sponders is a national priority. It is, in 98 percent of the people. The Repub- for 5 years, an agency which is a com- my opinion, one that is not only broad- licans want to have tax breaks for 100 ponent of FEMA that is focused on sup- ly supported by Members of both par- percent of the people. We are saying: porting firefighters and EMS per- ties and an occasional Independent Can you take 98 percent? sonnel. here in the Senate, but is broadly sup- If I stopped you on the street and This amendment reauthorizes AFG ported by the American people regard- said: I am willing to give you 98 per- and SAFER for 5 years but it also less of where they live all over this cent of what you say you want, and takes much needed steps to ensure that country. you walk away from me, and you at- the firefighters not only have the So, Mr. President, I will, with the co- tack me, and you say I am not ready to equipment, vehicles, and personnel operation and support of the two man- do anything, I honestly think people that we need them to have to do the agers of the bill, who are supporters of would scratch their heads. jobs they do for us in our country every these two pieces of legislation—Chair- So I think it is clear. The Senate day, the amendment also helps depart- man LEVIN and Senator MCCAIN—look passed a bill to renew the tax breaks ments in communities struggling with forward to the time when I can ask for 98 percent of the people. We are say- economic difficulties, creating a hard- that this amendment be the pending ing up to $250,000 in income, we go ship waiver for both of these fire pro- business and that we can either adopt right back to those Bush tax cut rates. grams—AFG and SAFER—that allows it by consent or bring it up for a roll- But over $250,000, we go to the Clinton FEMA to waive requirements in com- call vote. years, pay a little bit more, so we can munities that have been hard hit in I yield the floor. attack this deficit, so we can make the these tough economic times. I suggest the absence of a quorum. investments we need to make in this Some people might say: Well, why The PRESIDING OFFICER. The great country of ours. has the Federal Government estab- clerk will call the roll. I will tell you, if the Republicans can lished these programs to support fire- The bill clerk proceeded to call the do this, we are going to see smiles on fighting? Aren’t those local respon- roll.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.077 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7168 CONGRESSIONAL RECORD — SENATE November 29, 2012 Mr. CHAMBLISS. Mr. President, I Essentially, the Department of Jus- rorist is not a criminal. He is a ter- ask unanimous consent that the order tice is saying that on top of those rorist. His job is to train people to kill for the quorum call be rescinded. issues already described in the GAO re- other people, to engage in terrorist ac- The ACTING PRESIDENT pro tem- port, such as insufficient standards for tivities. pore. Without objection, it is so or- law or war detention, severe over- Do we truly want them in there talk- dered. crowding, and ‘‘implications for the ing to all our prisoners? That was one Mr. CHAMBLISS. Mr. President, I public safety,’’ there would be even of the major reasons people were all ask unanimous consent I be allowed to more issues that are not mentioned at coalescing around the idea that we speak as in morning business. all. And that is from a Department of have a great place to put these guys; The ACTING PRESIDENT pro tem- Justice that has fully supported the that is, Guantanamo Bay. pore. Without objection, it is so or- idea of moving Gitmo detainees into The second reason is the prison dered. the United States. guards. They have to be specially Mr. CHAMBLISS. Mr. President, I Housing these detainees in DOD cor- trained in order to guard a prison that rise in support of an Ayotte amend- rections facilities does not seem to be has terrorists as opposed to the normal ment, No. 3245, an amendment that the answer either because of equally criminal element. makes permanent the current prohibi- troubling legal and safety issues for de- The third is what FBI Director Rob- tion on the use of defense funds to tention of these individuals, including ert Mueller has said; that there is a transfer or release Guantanamo Bay the Geneva Conventions’ prohibition very real possibility that Gitmo de- detainees into the United States. This on detaining prisoners of war in peni- tainees will recruit more terrorists amendment is identical in substance to tentiaries. from among the Federal inmate popu- section 1027 of the Fiscal Year 2012 Na- These are just some of the reasons lation and continue al-Qaida oper- tional Defense Authorization Act, ex- Congress has prohibited the transfer of ations from the inside, which is how cept that it prohibits the use of the these detainees to the United States the New York synagogue bombers were funds permanently. and why those prohibitions must con- recruited. We know the President said he would We should not even be debating this. close Guantanamo almost 4 years ago. tinue. This prohibition made sense last year The Ayotte amendment is one that will I thought it was a bad idea then; I take care of this so we do not have to think it is an even worse idea today. and it still makes sense today. The worry about it from year to year, we do We should move beyond campaign GAO report only confirms that. The de- not have to stand here and anguish promises and think about what makes tainees who remain at Gitmo include over this thing that we have decided sense on this issue. The stubborn re- the ones who have been determined to several times. fusal to increase the Gitmo detainee be too dangerous to transfer, including I can remember—I guess it was back population has been the key stumbling the individuals who were responsible in the early administration of Obama— block in establishing an effective long- for the masterminding of the attack on when he identified 17 areas in the term detention policy. September 11, which we just celebrated The American people have been pret- the 11th anniversary of. United States that would be appro- ty unified in their opposition to bring- So if that is the case, why on Earth priate for incarcerating terrorists ing Gitmo detainees to the United would we put these detainees whom we whom we would take out of Gitmo. One States, and I believe we should listen will not send to other countries in cit- of those places happened to be Fort Sill to them. ies and towns across the United States in my State of Oklahoma. So I went I understand that Senator FEINSTEIN of America? The Federal Government’s down to Fort Sill. I looked at the facil- just released the GAO report she re- primary responsibility is to keep the ity we had that was within the Fort quested regarding facilities and factors American people safe. Keeping these Sill facility. to consider if Gitmo detainees were detainees at Gitmo accomplishes that There was a lady there whose name is brought to the United States. I have goal. Sergeant Major Carter. I can remember reviewed this report, and I have to re- I urge my colleagues to support the when she came up to me she said: Sen- spectfully disagree that this report of- Ayotte amendment. ator, why in the world? Go back and fers any support whatsoever for the I yield the floor. tell those people back there that they idea that Gitmo detainees can or The ACTING PRESIDENT pro tem- do not understand what is going on. should be moved to the United States. pore. The Senator from Oklahoma. This is coming from a sergeant major. The very first page of the GAO report Mr. INHOFE. Mr. President, I also She happened to be a Black lady. She lays out in stark terms the serious ask to be recognized as in morning had been down there for some time. problems that would come into play if business. She said: Go back and tell them I had detainees from Guantanamo were The ACTING PRESIDENT pro tem- two tours in Gitmo. There is no place transferred to the United States: legal pore. Without objection, it is so or- that is more humane. There is no place and cost considerations, compliance dered. that is taking care of them, no place with U.S. and international laws, col- Mr. INHOFE. Mr. President, the Sen- where we can secure the area so we lecting intelligence information, and ator from Georgia is exactly right. I do protect our prison guards like Gitmo. ensuring the safety and security of the not think, in the years I have been She even went on to say one of the general public and personnel at these here, I have ever seen one issue where biggest problems we had with the in- facilities. everyone is in agreement. If we go back mates in Gitmo is an overweight prob- The report makes very clear that the to 2007, 94 Members of this Senate got lem because they are eating better Department of Justice does not have together and they said—and this is all than they have ever eaten in their the authority to maintain custody of documented—that: Detainees housed at lives. They had medical attention for detainees under the AUMF. In other Guantanamo Bay should not be re- diseases they did not know existed. words, even without the prohibition on leased into American society, nor So we have an opportunity there to transfers of detainees to the United should they be transferred stateside do it. I applaud Senator AYOTTE for States, it would be illegal for the Bu- into facilities. wanting to address this so we do not reau of Prisons or the Marshals Service We all agreed on that. Then we have to go through this every year. to take custody of Guantanamo detain- agreed again in 2009 and every year Nothing has changed. We know it is a ees. since then, as the Senator from Geor- revolving door. People who go out from Moreover, the Department of Justice gia has said. But a lot of people have there, many of them return to the bat- told the GAO—and I quote—it ‘‘does forgotten. We have had this issue for so tleground, and there is no place else not plan to transfer detainees to the many years now, they have forgotten that offers this security and the con- United States,’’ saying it raises legal, some of the original reasons why. One finement. policy, and resource issues that de- of the obvious reasons—there are three The last thing I would say, we do not scriptions of current policies and prac- reasons. One was that prisons that hold have many good deals in government, tices contained in the GAO report can- these detainees become magnets. I do and let’s see anyone here find a better not fully address. not think people understand that a ter- deal. We have had this—it was either

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.079 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7169 since 1901 or 1904. I cannot remember essary, but I think we have made a (B) by striking ‘‘and ‘firecontrol’ ’’ and in- the year. But as I do recall we are still giant step forward. I am confident we serting ‘‘and ‘fire control’ ’’; under the same lease agreement. That can complete this authorization bill (4) by redesignating paragraphs (6) through whole facility that we have at Gitmo, and we will continue the record of now (9) as paragraphs (7) through (10), respectively; along with the court system down some 51 years of having completed an (5) by inserting after paragraph (5), the fol- there, all we pay is $4,000 a year. authorization bill. lowing: Ever heard of a better deal than I thank the chairman for his leader- ‘‘(6) ‘Indian tribe’ has the meaning given that? About half the time Castro does ship. that term in section 4 of the Indian Self-De- not bill us. So let’s take advantage of The ACTING PRESIDENT pro tem- termination and Education Assistance Act one of the few good deals we have, one pore. Is there objection? Without objec- (25 U.S.C. 450b) and ‘tribal’ means of or per- of the few security deals we have, and tion, it is so ordered. taining to an Indian tribe;’’; make this a permanent arrangement. I The Senator from Michigan. (6) by redesignating paragraphs (9) and (10), as redesignated by paragraph (4), as para- hope we have the chance to vote on it. Mr. LEVIN. Mr. President, I ask unanimous consent that any further graphs (10) and (11); It is my understanding we are going to (7) by inserting after paragraph (8), as re- be able to address these and bring them amendments must be filed no later designated by paragraph (4), the following: up, put them in the queue and have than 7:30 tonight. ‘‘(9) ‘Secretary’ means, except as otherwise votes. Hopefully, that will even be to- The ACTING PRESIDENT pro tem- provided, the Secretary of Homeland Secu- night. pore. Is there objection? rity;’’; and I yield the floor and I suggest the ab- Mr. DURBIN. Mr. President, reserv- (8) by amending paragraph (10), as redesig- sence of a quorum. ing the right to object, does this apply nated by paragraph (6), to read as follows: The ACTING PRESIDENT pro tem- to second-degree amendments? ‘‘(10) ‘State’ has the meaning given the Mr. LEVIN. If there is an amendment term in section 2 of the Homeland Security pore. The clerk will call the roll. Act of 2002 (6 U.S.C. 101).’’. The bill clerk proceeded to call the filed tonight by 7:30. It could be offered as a second degree at some later time, (b) CONFORMING AMENDMENTS.— roll. (1) ADMINISTRATOR OF FEMA.—The Federal Mr. LEVIN. Mr. President, I ask but it has to be filed tonight by 7:30. Fire Prevention and Control Act of 1974 (15 unanimous consent that the order for Mr. KYL. Mr. President, I would in- U.S.C. 2201 et seq.) is amended by striking the quorum call be rescinded. dulge my colleague, apparently there ‘‘Director’’ each place it appears and insert- The ACTING PRESIDENT pro tem- are two people on our side we would ing ‘‘Administrator of FEMA’’. pore. Without objection, it is so or- have to check with. I ask if our col- (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- dered. league could withhold that request to tion 15 of such Act (15 U.S.C. 2214) is amended by striking ‘‘Director’s Award’’ each place Mr. LEVIN. Mr. President, I ask see if we can work it out. I would also ask, is it not possible it appears and inserting ‘‘Administrator’s unanimous consent that it be in order Award’’. for the Lieberman amendment, No. that if further amendments can be worked out to be voted on tonight after SEC. 1803. ASSISTANCE TO FIREFIGHTERS 3090, to be called up with the modifica- GRANTS. tion that is at the desk; that the the two that are scheduled to be voted Section 33 of the Federal Fire Prevention amendment, as modified, be agreed to; on, there could be other votes tonight and Control Act of 1974 (15 U.S.C. 2229) is that following disposition of the Lie- to try to continue to dispose of amend- amended to read as follows: berman amendment, it be in order for ments on the bill; is that correct? ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. the following amendments to be called Mr. LEVIN. The Senator is correct. ‘‘(a) DEFINITIONS.—In this section: up: Ayotte No. 3245 on Guantanamo These are not the last two votes to- ‘‘(1) ADMINISTRATOR OF FEMA.—The term and Feinstein amendment No. 3018 on night necessarily at all. As of now, we ‘Administrator of FEMA’ means the Admin- are still planning on having votes to- istrator of FEMA, acting through the Ad- detainees; that there be up to 20 min- ministrator. utes of debate equally divided in the morrow. The ACTING PRESIDENT pro tem- ‘‘(2) AVAILABLE GRANT FUNDS.—The term usual form on the Ayotte amendment; ‘available grant funds’, with respect to a fis- pore. Objection is heard to the filing that upon the use or yielding back of cal year, means those funds appropriated time on the Ayotte amendment, there deadline request. pursuant to the authorization of appropria- Mr. LEVIN. I withdraw that request. be up to 60 minutes of debate equally tions in subsection (q)(1) for such fiscal year The ACTING PRESIDENT pro tem- less any funds used for administrative costs divided in the usual form on the Fein- pore. It is withdrawn. stein amendment; further, that at 9:30 pursuant to subsection (q)(2) in such fiscal LIEBERMAN AMENDMENT NO. 3090, AS MODIFIED year. p.m. this evening, the Senate proceed The ACTING PRESIDENT pro tem- ‘‘(3) CAREER FIRE DEPARTMENT.—The term to votes in relation to the Ayotte and pore. The clerk will report the Lieber- ‘career fire department’ means a fire depart- Feinstein amendments in the order man amendment. ment that has an all-paid force of fire- listed and that no amendments be in fighting personnel other than paid-on-call The legislative clerk read as follows: order to the amendments prior to the firefighters. The Senator from Michigan [Mr. LEVIN], votes. ‘‘(4) COMBINATION FIRE DEPARTMENT.—The for Mr. LIEBERMAN, proposes an amendment term ‘combination fire department’ means a The ACTING PRESIDENT pro tem- numbered 3090, as modified. pore. Is there objection? fire department that has— The amendment (No. 3090), as modi- ‘‘(A) paid firefighting personnel; and Mr. MCCAIN. Reserving the right to fied, is as follows: ‘‘(B) volunteer firefighting personnel. object, and I will not object, I believe At the end of division A, add the following: ‘‘(5) FIREFIGHTING PERSONNEL.—The term we will have a package, also, following ‘firefighting personnel’ means individuals, TITLE XVIII—FEDERAL ASSISTANCE TO this, of amendments that have been including volunteers, who are firefighters, FIRE DEPARTMENTS cleared by both sides. officers of fire departments, or emergency I would like to express my personal Subtitle A—Fire Grants Reauthorization medical service personnel of fire depart- appreciation for the cooperative and SEC. 1801. SHORT TITLE. ments. compromising fashion in which this This subtitle may be cited as the ‘‘Fire ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— Grants Reauthorization Act of 2012’’. unanimous consent agreement was en- The term ‘institution of higher education’ SEC. 1802. AMENDMENTS TO DEFINITIONS. has the meaning given such term in section tered. I would like to thank all parties, (a) IN GENERAL.—Section 4 of the Federal 101 of the Higher Education Act of 1965 (20 including the chairperson of the Intel- Fire Prevention and Control Act of 1974 (15 U.S.C. 1001). ligence Committee and others. I think U.S.C. 2203) is amended— ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— this will allow us to move forward and (1) in paragraph (3), by inserting ‘‘, except The term ‘nonaffiliated EMS organization’ complete this legislation sooner rather as otherwise provided,’’ after ‘‘means’’; means a public or private nonprofit emer- than later. (2) in paragraph (4), by striking ‘‘ ‘Director’ gency medical services organization that is There are still a lot of amendments means’’ and all that follows through ‘‘Agen- not affiliated with a hospital and does not that have been filed, and at some point cy;’’ and inserting ‘‘ ‘Administrator of serve a geographic area in which the Admin- FEMA’ means the Administrator of the Fed- istrator of FEMA finds that emergency med- that has to stop and at some point we eral Emergency Management Agency;’’; ical services are adequately provided by a are going to have to finish all these. (3) in paragraph (5)— fire department. Many of them are duplicative and (A) by inserting ‘‘Indian tribe,’’ after ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ many of them are not particularly nec- ‘‘county,’’; and with respect to firefighting personnel means

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.080 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7170 CONGRESSIONAL RECORD — SENATE November 29, 2012 firefighting personnel who are paid a stipend ‘‘(A) To train firefighting personnel in— ‘‘(C) award grants to institutions of higher for each event to which they respond. ‘‘(i) firefighting; education, national fire service organiza- ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The ‘‘(ii) emergency medical services and other tions, or national fire safety organizations to term ‘volunteer fire department’ means a emergency response (including response to establish and operate fire safety research fire department that has an all-volunteer natural disasters, acts of terrorism, and centers. force of firefighting personnel. other man-made disasters); ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(b) ASSISTANCE PROGRAM.— ‘‘(iii) arson prevention and detection; awarded under this subsection may not ex- ‘‘(1) AUTHORITY.—In accordance with this ‘‘(iv) maritime firefighting; or ceed $1,500,000 for a fiscal year. section, the Administrator of FEMA may ‘‘(v) the handling of hazardous materials. ‘‘(3) USE OF GRANT FUNDS.—Each entity re- award— ‘‘(B) To train firefighting personnel to pro- ceiving a grant under this subsection shall ‘‘(A) assistance to firefighters grants under vide any of the training described under sub- use the grant for one or more of the fol- subsection (c); and paragraph (A). lowing purposes: ‘‘(B) fire prevention and safety grants and ‘‘(C) To fund the creation of rapid interven- ‘‘(A) To enforce fire codes and promote other assistance under subsection (d). tion teams to protect firefighting personnel compliance with fire safety standards. ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- at the scenes of fires and other emergencies. ‘‘(B) To fund fire prevention programs, in- ministrator of FEMA shall— ‘‘(D) To certify— cluding programs that educate the public ‘‘(A) establish specific criteria for the se- ‘‘(i) fire inspectors; and about arson prevention and detection. lection of grant recipients under this sec- ‘‘(ii) building inspectors— ‘‘(C) To fund wildland fire prevention pro- tion; and ‘‘(I) whose responsibilities include fire grams, including education, awareness, and ‘‘(B) provide assistance with application safety inspections; and mitigation programs that protect lives, prop- preparation to applicants for such grants. ‘‘(II) who are employed by or serving as erty, and natural resources from fire in the ‘‘(c) ASSISTANCE TO FIREFIGHTERS volunteers with a fire department. wildland-urban interface. GRANTS.— ‘‘(E) To establish wellness and fitness pro- ‘‘(D) In the case of a grant awarded under ‘‘(1) IN GENERAL.—The Administrator of grams for firefighting personnel to ensure paragraph (1)(C), to fund the establishment FEMA may, in consultation with the chief that the firefighting personnel are able to or operation of a fire safety research center executives of the States in which the recipi- carry out their duties as firefighters, includ- for the purpose of significantly reducing the ents are located, award grants on a competi- ing programs dedicated to raising awareness number of fire-related deaths and injuries tive basis directly to— of, and prevention of, job-related mental among firefighters and the general public ‘‘(A) fire departments, for the purpose of health issues. through research, development, and tech- protecting the health and safety of the public and firefighting personnel throughout the ‘‘(F) To fund emergency medical services nology transfer activities. United States against fire, fire-related, and provided by fire departments and non- ‘‘(E) To support such other activities, con- other hazards; affiliated EMS organizations. sistent with the purposes of this subsection, ‘‘(B) nonaffiliated EMS organizations to ‘‘(G) To acquire additional firefighting ve- as the Administrator of FEMA determines support the provision of emergency medical hicles, including fire trucks and other appa- appropriate. services; and ratus. ‘‘(4) LIMITATION.—None of the funds made ‘‘(C) State fire training academies for the ‘‘(H) To acquire additional firefighting available under this subsection may be pro- purposes described in subparagraphs (G), (H), equipment, including equipment for— vided to the Association of Community Orga- and (I) of paragraph (3). ‘‘(i) fighting fires with foam in remote nizations for Reform Now (ACORN) or any of ‘‘(2) MAXIMUM GRANT AMOUNTS.— areas without access to water; and its affiliates, subsidiaries, or allied organiza- ‘‘(A) POPULATION.—The Administrator of ‘‘(ii) communications, monitoring, and re- tions. FEMA may not award a grant under this sponse to a natural disaster, act of ter- ‘‘(e) APPLICATIONS FOR GRANTS.— subsection in excess of amounts as follows: rorism, or other man-made disaster, includ- ‘‘(1) IN GENERAL.—An entity seeking a ‘‘(i) In the case of a recipient that serves a ing the use of a weapon of mass destruction. grant under this section shall submit to the jurisdiction with 100,000 people or fewer, the ‘‘(I) To acquire personal protective equip- Administrator of FEMA an application amount of the grant awarded to such recipi- ment, including personal protective equip- therefor in such form and in such manner as ent shall not exceed $1,000,000 in any fiscal ment— the Administrator of FEMA determines ap- year. ‘‘(i) prescribed for firefighting personnel by propriate. ‘‘(ii) In the case of a recipient that serves the Occupational Safety and Health Admin- ‘‘(2) ELEMENTS.—Each application sub- a jurisdiction with more than 100,000 people istration of the Department of Labor; or mitted under paragraph (1) shall include the but not more than 500,000 people, the amount ‘‘(ii) for responding to a natural disaster or following: of the grant awarded to such recipient shall act of terrorism or other man-made disaster, ‘‘(A) A description of the financial need of not exceed $2,000,000 in any fiscal year. including the use of a weapon of mass de- the applicant for the grant. ‘‘(iii) In the case of a recipient that serves struction. ‘‘(B) An analysis of the costs and benefits, a jurisdiction with more than 500,000 but not ‘‘(J) To modify fire stations, fire training with respect to public safety, of the use for more than 1,000,000 people, the amount of the facilities, and other facilities to protect the which a grant is requested. grant awarded to such recipient shall not ex- health and safety of firefighting personnel. ‘‘(C) An agreement to provide information ceed $3,000,000 in any fiscal year. ‘‘(K) To educate the public about arson to the national fire incident reporting sys- ‘‘(iv) In the case of a recipient that serves prevention and detection. tem for the period covered by the grant. a jurisdiction with more than 1,000,000 people ‘‘(L) To provide incentives for the recruit- ‘‘(D) A list of other sources of funding re- but not more than 2,500,000 people, the ment and retention of volunteer firefighting ceived by the applicant— amount of the grant awarded to such recipi- personnel for volunteer firefighting depart- ‘‘(i) for the same purpose for which the ap- ent shall not exceed $6,000,000 for any fiscal ments and other firefighting departments plication for a grant under this section was year. that utilize volunteers. submitted; or ‘‘(v) In the case of a recipient that serves ‘‘(M) To support such other activities, con- ‘‘(ii) from the Federal Government for a jurisdiction with more than 2,500,000 peo- sistent with the purposes of this subsection, other fire-related purposes. ple, the amount of the grant awarded to such as the Administrator of FEMA determines ‘‘(E) Such other information as the Admin- recipient shall not exceed $9,000,000 in any appropriate. istrator of FEMA determines appropriate. fiscal year. ‘‘(d) FIRE PREVENTION AND SAFETY ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— ‘‘(B) AGGREGATE.— GRANTS.— ‘‘(A) IN GENERAL.—Two or more entities ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(1) IN GENERAL.—For the purpose of as- may submit an application under paragraph paragraphs (A) and (B) and except as pro- sisting fire prevention programs and sup- (1) for a grant under this section to fund a vided under clause (ii), the Administrator of porting firefighter health and safety re- joint program or initiative, including acqui- FEMA may not award a grant under this search and development, the Administrator sition of shared equipment or vehicles. subsection in a fiscal year in an amount that of FEMA may, on a competitive basis— ‘‘(B) NONEXCLUSIVITY.—Applications under exceeds the amount that is one percent of ‘‘(A) award grants to fire departments; this paragraph may be submitted instead of the available grant funds in such fiscal year. ‘‘(B) award grants to, or enter into con- or in addition to any other application sub- ‘‘(ii) EXCEPTION.—The Administrator of tracts or cooperative agreements with, na- mitted under paragraph (1). FEMA may waive the limitation in clause (i) tional, State, local, tribal, or nonprofit orga- ‘‘(C) GUIDANCE.—The Administrator of with respect to a grant recipient if the Ad- nizations that are not fire departments and FEMA shall— ministrator of FEMA determines that such that are recognized for their experience and ‘‘(i) publish guidance on applying for and recipient has an extraordinary need for a expertise with respect to fire prevention or administering grants awarded for joint pro- grant in an amount that exceeds the limit fire safety programs and activities and fire- grams and initiatives described in subpara- under clause (i). fighter research and development programs, graph (A); and ‘‘(3) USE OF GRANT FUNDS.—Each entity re- for the purpose of carrying out— ‘‘(ii) encourage applicants to apply for ceiving a grant under this subsection shall ‘‘(i) fire prevention programs; and grants for joint programs and initiatives de- use the grant for one or more of the fol- ‘‘(ii) research to improve firefighter health scribed in subparagraph (A) as the Adminis- lowing purposes: and life safety; and trator of FEMA determines appropriate to

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.020 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7171 achieve greater cost effectiveness and re- and the impact of such a grant on the protec- (e)(2)(D) and take such actions as the Admin- gional efficiency. tion of lives and property; and istrator of FEMA considers necessary to pre- ‘‘(f) PEER REVIEW OF GRANT APPLICA- ‘‘(B) a broad range of factors important to vent unnecessary duplication of grant TIONS.— the applicant’s ability to respond to fires and awards. ‘‘(1) IN GENERAL.—The Administrator of related hazards, such as the following: ‘‘(k) MATCHING AND MAINTENANCE OF EX- FEMA shall, after consultation with na- ‘‘(i) Population served. PENDITURE REQUIREMENTS.— tional fire service and emergency medical ‘‘(ii) Geographic response area. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- services organizations, appoint fire service ‘‘(iii) Hazards vulnerability. ANCE TO FIREFIGHTERS GRANTS.— personnel to conduct peer reviews of applica- ‘‘(iv) Call volume. ‘‘(A) IN GENERAL.—Except as provided in tions received under subsection (e)(1). ‘‘(v) Financial situation, including unem- subparagraph (B), an applicant seeking a ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ployment rate of the area being served. grant to carry out an activity under sub- COMMITTEE ACT.—The Federal Advisory Com- ‘‘(vi) Need for training or equipment. section (c) shall agree to make available mittee Act (5 U.S.C. App.) shall not apply to ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS non-Federal funds to carry out such activity activities carried out pursuant to this sub- ORGANIZATIONS.—In the case of an applica- in an amount equal to not less than 15 per- section. tion submitted under subsection (e)(1) by a cent of the grant awarded to such applicant ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In nonaffiliated EMS organization, the Admin- under such subsection. awarding grants under this section, the Ad- istrator of FEMA shall consider the extent ‘‘(B) EXCEPTION FOR ENTITIES SERVING ministrator of FEMA shall consider the fol- to which other sources of Federal funding SMALL COMMUNITIES.—In the case that an ap- lowing: are available to the applicant to provide the plicant seeking a grant to carry out an ac- ‘‘(1) The findings and recommendations of assistance requested in such application. tivity under subsection (c) serves a jurisdic- the peer reviews carried out under sub- ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- tion of— section (f). TY GRANTS TO CERTAIN ORGANIZATIONS THAT ‘‘(i) more than 20,000 residents but not ‘‘(2) The degree to which an award will re- ARE NOT FIRE DEPARTMENTS.—In the case of more than 1,000,000 residents, the application duce deaths, injuries, and property damage applicants for grants under this section who shall agree to make available non-Federal by reducing the risks associated with fire-re- are described in subsection (d)(1)(B), the Ad- lated and other hazards. ministrator of FEMA shall give priority to funds in an amount equal to not less than 10 ‘‘(3) The extent of the need of an applicant applicants who focus on— percent of the grant awarded to such appli- for a grant under this section and the need to ‘‘(A) prevention of injuries to high risk cant under such subsection; and protect the United States as a whole. groups from fire; and ‘‘(ii) 20,000 residents or fewer, the applicant ‘‘(4) The number of calls requesting or re- ‘‘(B) research programs that demonstrate a shall agree to make available non-Federal quiring a fire fighting or emergency medical potential to improve firefighter safety. funds in an amount equal to not less than 5 percent of the grant awarded to such appli- response received by an applicant. ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- ‘‘(h) ALLOCATION OF GRANT AWARDS.—In SEARCH CENTERS.— cant under such subsection. awarding grants under this section, the Ad- ‘‘(A) CONSIDERATIONS.—In awarding grants ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- ministrator of FEMA shall ensure that of the under subsection (d)(1)(C), the Administrator VENTION AND SAFETY GRANTS.— available grant funds in each fiscal year— of FEMA shall— ‘‘(A) IN GENERAL.—An applicant seeking a ‘‘(1) not less than 25 percent are awarded ‘‘(i) select each grant recipient on— grant to carry out an activity under sub- under subsection (c) to career fire depart- ‘‘(I) the demonstrated research and exten- section (d) shall agree to make available ments; sion resources available to the recipient to non-Federal funds to carry out such activity ‘‘(2) not less than 25 percent are awarded carry out the research, development, and in an amount equal to not less than 5 percent under subsection (c) to volunteer fire depart- technology transfer activities; of the grant awarded to such applicant under ments; ‘‘(II) the capability of the recipient to pro- such subsection. ‘‘(3) not less than 25 percent are awarded vide leadership in making national contribu- ‘‘(B) MEANS OF MATCHING.—An applicant under subsection (c) to combination fire de- tions to fire safety; for a grant under subsection (d) may meet partments and fire departments using paid- ‘‘(III) the recipient’s ability to disseminate the matching requirement under subpara- on-call firefighting personnel; the results of fire safety research; and graph (A) through direct funding, funding of ‘‘(4) not less than 10 percent are available ‘‘(IV) the strategic plan the recipient pro- complementary activities, or the provision for open competition among career fire de- poses to carry out under the grant; of staff, facilities, services, material, or partments, volunteer fire departments, com- ‘‘(ii) give special consideration in selecting equipment. bination fire departments, and fire depart- recipients under subparagraph (A) to an ap- ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ments using paid-on-call firefighting per- plicant for a grant that consists of a partner- applicant seeking a grant under subsection sonnel for grants awarded under subsection ship between— (c) or (d) shall agree to maintain during the (c); ‘‘(I) a national fire service organization or term of the grant the applicant’s aggregate ‘‘(5) not less than 10 percent are awarded a national fire safety organization; and expenditures relating to the uses described under subsection (d); and ‘‘(II) an institution of higher education, in- in subsections (c)(3) and (d)(3) at not less ‘‘(6) not more than 2 percent are awarded cluding a minority-serving institution (as than 80 percent of the average amount of under this section to nonaffiliated EMS or- described in section 371(a) of the Higher Edu- such expenditures in the 2 fiscal years pre- ganizations described in subsection (c)(1)(B). cation Act of 1965 (20 U.S.C. 1067q(a))); and ceding the fiscal year in which the grant ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- ‘‘(iii) consider the research needs identified amounts are received. TIONS.— and prioritized through the workshop re- ‘‘(4) WAIVER.— ‘‘(1) FUNDING FOR EMERGENCY MEDICAL quired by subparagraph (B)(i). ‘‘(A) IN GENERAL.—Except as provided in SERVICES.—Not less than 3.5 percent of the ‘‘(B) RESEARCH NEEDS.— subparagraph (C)(ii), the Administrator of available grant funds for a fiscal year shall ‘‘(i) IN GENERAL.—Not later than 90 days FEMA may waive or reduce the require- be awarded under this section for purposes after the date of the enactment of the Fire ments of paragraphs (1), (2), and (3) in cases described in subsection (c)(3)(F). Grants Reauthorization Act of 2012, the Ad- of demonstrated economic hardship. ‘‘(2) STATE FIRE TRAINING ACADEMIES.— ministrator of FEMA shall convene a work- ‘‘(B) GUIDELINES.— ‘‘(A) MAXIMUM SHARE.—Not more than 3 shop of the fire safety research community, ‘‘(i) IN GENERAL.—The Administrator of percent of the available grant funds for a fis- fire service organizations, and other appro- FEMA shall establish and publish guidelines cal year may be awarded under subsection priate stakeholders to identify and prioritize for determining what constitutes economic (c)(1)(C). fire safety research needs. hardship for purposes of this paragraph. ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- ‘‘(ii) PUBLICATION.—The Administrator of ‘‘(ii) CONSULTATION.—In developing guide- ministrator of FEMA may not award a grant FEMA shall ensure that the results of the lines under clause (i), the Administrator of under subsection (c)(1)(C) to a State fire workshop are made available to the public. FEMA shall consult with individuals who training academy in an amount that exceeds ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- are— $1,000,000 in any fiscal year. TY RESEARCH CENTERS.— ‘‘(I) recognized for expertise in firefighting, ‘‘(3) AMOUNTS FOR PURCHASING FIRE- ‘‘(i) IN GENERAL.—The Administrator of emergency medical services provided by fire FIGHTING VEHICLES.—Not more than 25 per- FEMA may award grants under subsection services, or the economic affairs of State and cent of the available grant funds for a fiscal (d) to establish not more than 3 fire safety local governments; and year may be used to assist grant recipients research centers. ‘‘(II) members of national fire service orga- to purchase vehicles pursuant to subsection ‘‘(ii) RECIPIENTS.—An institution of higher nizations or national organizations rep- (c)(3)(G). education, a national fire service organiza- resenting the interests of State and local ‘‘(j) FURTHER CONSIDERATIONS.— tion, and a national fire safety organization governments. ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS may not directly receive a grant under sub- ‘‘(iii) CONSIDERATIONS.—In developing TO FIRE DEPARTMENTS.—In considering appli- section (d) for a fiscal year for more than 1 guidelines under clause (i), the Adminis- cations for grants under subsection (c)(1)(A), fire safety research center. trator of FEMA shall consider, with respect the Administrator of FEMA shall consider— ‘‘(5) AVOIDING DUPLICATION.—The Adminis- to relevant communities, the following: ‘‘(A) the extent to which the grant would trator of FEMA shall review lists submitted ‘‘(I) Changes in rates of unemployment enhance the daily operations of the applicant by applicants pursuant to subsection from previous years.

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

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.020 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7173 ‘‘(ii) Whether the rates of unemployment ‘‘(B) the Consumer Price Index for the fis- Science and Technology of the House of Rep- of the relevant communities are currently cal year preceding the fiscal year described resentatives a report on the effect of the and have consistently exceeded the annual in subparagraph (A).’’. amendments made by this title. national average rates of unemployment. (2) ADMINISTRATIVE EXPENSES.—Such sub- (b) CONTENTS.—The report required by sub- ‘‘(iii) Changes in percentages of individuals section (j) is further amended— section (a) shall include the following: eligible to receive food stamps from previous (A) in paragraph (9), as added by paragraph (1) An assessment of the effect of the years. (1) of this subsection, by redesignating sub- amendments made by sections 1803 and 1804 ‘‘(iv) Such other factors as the Adminis- paragraphs (A) and (B) as clauses (i) and (ii), on the effectiveness, relative allocation, ac- trator of FEMA considers appropriate.’’. respectively, and moving the left margin of countability, and administration of the grants and assistance awarded under sec- MPROVEMENTS TO PERFORMANCE EVAL- such clauses, as so redesignated, 2 ems to the (e) I tions 33 and 34 of the Federal Fire Preven- UATION REQUIREMENTS.—Subsection (e) of right; (B) by redesignating paragraphs (1) tion and Control Act of 1974 (15 U.S.C. 2229 section 34 of such Act (15 U.S.C. 2229a), as re- and 2229a) after the date of the enactment of designated by subsection (d)(1) of this sec- through (9) as subparagraphs (A) through (I), respectively, and moving the left margin of this Act. tion, is amended by inserting before the first (2) An evaluation of the extent to which sentence the following: such subparagraphs, as so redesignated, 2 ems to the right; the amendments made by sections 1803 and ‘‘(1) IN GENERAL.—The Administrator of 1804 have enabled recipients of grants and as- FEMA shall establish a performance assess- (C) by striking ‘‘There are’’ and inserting the following: sistance awarded under such sections 33 and ment system, including quantifiable per- 34 after the date of the enactment of this Act formance metrics, to evaluate the extent to ‘‘(1) IN GENERAL.—There are’’; and (D) by adding at the end the following: to mitigate fire and fire-related and other which grants awarded under this section are hazards more effectively. ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the furthering the purposes of this section. SEC. 1807. STUDIES AND REPORTS ON THE STATE ‘‘(2) SUBMITTAL OF INFORMATION.—’’. amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of OF FIRE SERVICES. (a) DEFINITIONS.—In this section: (f) REPORT.— FEMA may use not more than 5 percent of (1) ADMINISTRATOR.—The term ‘‘Adminis- (1) IN GENERAL.—Subsection (f) of section such amounts to cover salaries and expenses trator’’ means the Administrator of the 34 of such Act (15 U.S.C. 2229a), as redesig- and other administrative costs incurred by United States Fire Administration. nated by subsection (d)(1) of this section, is the Administrator of FEMA to make grants (2) CAREER FIRE DEPARTMENT, COMBINATION amended by striking ‘‘The authority’’ and all and provide assistance under this section.’’. that follows through ‘‘Congress concerning’’ FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- (3) CONGRESSIONALLY DIRECTED SPENDING.— MENT.—The terms ‘‘career fire department’’, and inserting the following: ‘‘Not later than Such subsection (j) is further amended by ‘‘combination fire department’’, and ‘‘volun- September 30, 2014, the Administrator of adding at the end the following: FEMA shall submit to the Committee on teer fire department’’ have the meanings ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- Homeland Security and Governmental Af- given such terms in section 33(a) of the Fed- ING.—Consistent with the requirement in eral Fire Prevention and Control Act of 1974 fairs of the Senate and the Committee on subsection (a) that grants under this section Science and Technology of the House of Rep- (15 U.S.C. 2229(a)), as amended by section be awarded on a competitive basis, none of 1803. resentatives a report on’’. the funds appropriated pursuant to this sub- (2) CONFORMING AMENDMENT.—The heading (3) FIRE SERVICE.—The term ‘‘fire service’’ section may be used for any congressionally has the meaning given such term in section for subsection (f) of section 34 of such Act (15 direct spending item (as defined under the U.S.C. 2229a), as redesignated by subsection 4 of the Federal Fire Prevention and Control rules of the Senate and the House of Rep- Act of 1974 (15 U.S.C. 2203). (d)(1) of this section, is amended by striking resentatives).’’. ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- (b) STUDY AND REPORT ON COMPLIANCE WITH (i) TECHNICAL AMENDMENT.—Section 34 of STAFFING STANDARDS.— PORT’’. such Act (15 U.S.C. 2229a) is amended by (1) STUDY.—The Administrator shall con- (g) ADDITIONAL DEFINITIONS.— striking ‘‘Administrator’’ each place it ap- duct a study on the level of compliance with (1) IN GENERAL.—Subsection (i) of section pears and inserting ‘‘Administrator of national voluntary consensus standards for 34 of such Act (15 U.S.C. 2229a), as redesig- FEMA’’. staffing, training, safe operations, personal nated by subsection (d)(1) of this section, is (j) CLERICAL AMENDMENT.—Such section is protective equipment, and fitness among the amended— further amended in the heading by striking fire services of the United States. (A) in the matter before paragraph (1), by ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, (2) SURVEY.— striking ‘‘In this section, the term—’’ and in- FIRE GRANT PROGRAM’’ and inserting the (A) IN GENERAL.—In carrying out the study serting ‘‘In this section:’’; following: ‘‘STAFFING FOR ADEQUATE required by paragraph (1), the Administrator (B) in paragraph (1)— FIRE AND EMERGENCY RESPONSE’’. shall carry out a survey of fire services to as- (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- (k) SUNSET OF AUTHORITY TO AWARD HIRING sess the level of compliance of such fire serv- fighter’ has’’; and GRANTS.—Such section is further amended ices with the standards described in such (ii) by striking ‘‘; and’’ and inserting a pe- by adding at the end the following: paragraph. ‘‘(k) SUNSET OF AUTHORITIES.—The author- riod; (B) ELEMENTS.—The survey required by ity to award assistance and grants under this (C) by striking paragraph (2); and subparagraph (A) shall— section shall expire on the date that is 5 (D) by inserting at the end the following: (i) include career fire departments, volun- years after the date of the enactment of the ‘‘(2) The terms ‘Administrator of FEMA’, teer fire departments, combination fire de- Fire Grants Reauthorization Act of 2012.’’. ‘career fire department’, ‘combination fire partments, and fire departments serving department’, and ‘volunteer fire department’ SEC. 1805. SENSE OF CONGRESS ON VALUE AND communities of different sizes, and such have the meanings given such terms in sec- FUNDING OF ASSISTANCE TO FIRE- other distinguishing factors as the Adminis- tion 33(a).’’. FIGHTERS AND STAFFING FOR ADE- QUATE FIRE AND EMERGENCY RE- trator considers relevant; (2) CONFORMING AMENDMENT.—Section SPONSE PROGRAMS. (ii) employ methods to ensure that the sur- 34(a)(1)(A) of such Act (15 U.S.C. It is the sense of Congress that— vey accurately reflects the actual rate of 2229a(a)(1)(A)) is amended by striking ‘‘ca- (1) the grants and assistance awarded compliance with the standards described in reer, volunteer, and combination fire depart- under sections 33 and 34 of the Federal Fire paragraph (1) among fire services; and ments’’ and inserting ‘‘career fire depart- Prevention and Control Act of 1974 (15 U.S.C. (iii) determine the extent of barriers and ments, combination fire departments, and 2229 and 2229a) have proven equally valuable challenges to achieving compliance with the volunteer fire departments’’. in protecting the health and safety of the standards described in paragraph (1) among (h) AUTHORIZATION OF APPROPRIATIONS.— public and firefighting personnel throughout fire services. (1) IN GENERAL.—Subsection (j) of section the United States against fire and fire-re- (C) AUTHORITY TO CARRY OUT SURVEY WITH 34 of such Act (15 U.S.C. 2229a), as redesig- lated hazards; and NONPROFIT.—If the Administrator determines nated by subsection (d)(1) of this section, is (2) providing parity in funding for the that it will reduce the costs incurred by the amended— awarding of grants and assistance under both United States Fire Administration in car- (A) in paragraph (6), by striking ‘‘and’’ at such sections will ensure that the grant and rying out the survey required by subpara- the end; assistance programs under such sections can graph (A), the Administrator may carry out (B) in paragraph (7), by striking the period continue to serve their complementary pur- such survey in conjunction with a nonprofit at the end and inserting ‘‘; and’’; and poses. organization that has substantial expertise (C) by adding at the end the following: SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- and experience in the following areas: ‘‘(8) $750,000,000 for fiscal year 2013; and ANCE TO FIREFIGHTERS AND STAFF- (i) The fire services. ‘‘(9) for each of fiscal years 2014 through ING FOR ADEQUATE FIRE AND (ii) National voluntary consensus stand- 2017, an amount equal to the amount author- EMERGENCY RESPONSE PROGRAMS. ards. ized for the previous fiscal year increased by (a) IN GENERAL.—Not later than September (iii) Contemporary survey methods. the percentage by which— 30, 2016, the Comptroller General of the (3) REPORT ON FINDINGS OF STUDY.— ‘‘(A) the Consumer Price Index (all items, United States shall submit to the Committee (A) IN GENERAL.—Not later than 2 years United States city average) for the previous on Homeland Security and Governmental Af- after the date of the enactment of this Act, fiscal year, exceeds fairs of the Senate and the Committee on the Administrator shall submit to Congress

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.020 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7174 CONGRESSIONAL RECORD — SENATE November 29, 2012 a report on the findings of the Administrator (i) The findings and recommendations of ‘‘(J) $76,490,890 for fiscal year 2014, of which with respect to the study required by para- the Task Force with respect to the study $2,753,672 shall be used to carry out section graph (1). carried out under subsection (b)(1). 8(f); (B) CONTENTS.—The report required by sub- (ii) The plan developed under paragraph ‘‘(K) $76,490,890 for fiscal year 2015, of which paragraph (A) shall include the following: (3)(B). $2,753,672 shall be used to carry out section (i) An accurate description, based on the (d) STUDY AND REPORT ON THE NEEDS OF 8(f); results of the survey required by paragraph FIRE SERVICES.— ‘‘(L) $76,490,890 for fiscal year 2016, of which (2)(A), of the rate of compliance with the (1) STUDY.—The Administrator shall con- $2,753,672 shall be used to carry out section standards described in paragraph (1) among duct a study— 8(f); and United States fire services, including a com- (A) to define the current roles and activi- ‘‘(M) $76,490,890 for fiscal year 2017, of parison of the rates of compliance among ca- ties associated with fire services on a na- which $2,753,672 shall be used to carry out reer fire departments, volunteer fire depart- tional, State, regional, and local level; section 8(f).’’; and ments, combination fire departments, and (B) to identify the equipment, staffing, and (4) in subparagraphs (E) through (H), by fire departments serving communities of dif- training required to fulfill the roles and ac- moving each margin 2 ems to the left. ferent sizes, and such other comparisons as tivities defined under subparagraph (A); SEC. 1815. REMOVAL OF LIMITATION. Administrator considers relevant. (C) to conduct an assessment to identify Section 9(d) of the Federal Fire Prevention (ii) A description of the challenges faced by gaps between what fire services currently and Control Act of 1974 (15 U.S.C. 2208(d)) is different types of fire departments and dif- possess and what they require to meet the amended— ferent types of communities in complying equipment, staffing, and training needs iden- (1) by striking ‘‘UPDATE.—’’ and all that with the standards described in paragraph tified under subparagraph (B) on a national follows through ‘‘The Administrator’’ and in- (1). and State-by-State basis; and serting ‘‘UPDATE.—The Administrator’’; and (D) to measure the impact of the grant and (2) by striking paragraph (2). (c) TASK FORCE TO ENHANCE FIREFIGHTER assistance program under section 33 of the The ACTING PRESIDENT pro tem- SAFETY.— Federal Fire Prevention and Control Act of pore. The Senator from Arizona. (1) ESTABLISHMENT.—Not later than 60 days 1974 (15 U.S.C. 2229) in meeting the needs of Mr. MCCAIN. Mr. President, I remind after the date of the enactment of this Act, fire services and filling the gaps identified the Secretary of Homeland Security shall es- under subparagraph (C). my colleagues we have been on the bill tablish a task force to be known as the (2) REPORT.—Not later than 2 years after now for 2 days, so it might be time to ‘‘Task Force to Enhance Firefighter Safety’’ the date of the enactment of this title, the stop filing amendments. I don’t think (in this subsection referred to as the ‘‘Task Administrator shall submit to Congress a re- that is an outrageous request on the Force’’). port on the findings of the Administrator part of the managers of the bill. I hope (2) MEMBERSHIP.— with respect to the study conducted under we can have those objections or con- (A) IN GENERAL.—Members of the Task paragraph (1). cerns removed so we can at least bring Force shall be appointed by the Secretary (e) AUTHORIZATION OF APPROPRIATIONS.— the filing of amendments to a close. from among the general public and shall in- There are authorized to be appropriated to clude the following: I would ask the distinguished chair- the Administrator to carry out this section— man, are we going to move with the (i) Representatives of national organiza- (1) $600,000 for fiscal year 2013; and tions representing firefighters and fire (2) $600,000 for fiscal year 2014. managers’ package now? chiefs. Mr. LEVIN. We could. Let us report Subtitle B—Reauthorization of United States (ii) Individuals representing standards-set- this amendment first and then why Fire Administration ting and accrediting organizations, including don’t we do that. It will just take us a representatives from the voluntary con- SEC. 1811. SHORT TITLE. couple minutes. sensus codes and standards development This subtitle may be cited as the ‘‘United The ACTING PRESIDENT pro tem- community. States Fire Administration Reauthorization pore. Under the previous order, amend- Act of 2012’’. (iii) Such other individuals as the Sec- ment No. 3090, as modified, is agreed retary considers appropriate. SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- to. (B) REPRESENTATIVES OF OTHER DEPART- TWEEN UNITED STATES FIRE AD- Mr. LEVIN. Mr. President, I move to MENTS AND AGENCIES.—The Secretary may MINISTRATION AND FEDERAL EMER- invite representatives of other Federal de- GENCY MANAGEMENT AGENCY. reconsider the vote. partments and agencies that have an inter- Section 5(c) of the Federal Fire Prevention Mr. MCCAIN. I move to lay that mo- est in fire services to participate in the and Control Act of 1974 (15 U.S.C. 2204) is tion on the table. meetings and other activities of the Task amended to read as follows: The motion to lay on the table was Force. ‘‘(c) DEPUTY ADMINISTRATOR.—The Admin- agreed to. (C) NUMBER; TERMS OF SERVICE; PAY AND istrator may appoint a Deputy Adminis- AMENDMENTS NOS. 2929, 2942, 3230, 2966, 2973, 2980, ALLOWANCES.—The Secretary shall determine trator, who shall— 2994, 3059, 3072, 3086, 3098, 3186 the number, terms of service, and pay and al- ‘‘(1) perform such functions as the Admin- Mr. LEVIN. Mr. President, I call up a istrator shall from time to time assign or lowances of members of the Task Force ap- list of 12 amendments which have been pointed by the Secretary, except that a term delegate; and ‘‘(2) act as Administrator during the ab- cleared by myself and Senator MCCAIN: of service of any such member may not ex- McCaskill amendment No. 2929, ceed 2 years. sence or disability of the Administrator or in McCaskill amendment No. 2942, Boxer (3) RESPONSIBILITIES.—The Task Force the event of a vacancy in the office of Ad- shall— ministrator.’’. amendment No. 3230, Hatch amend- (A) consult with the Secretary in the con- SEC. 1813. MODIFICATION OF AUTHORITY OF AD- ment No. 2966, Inhofe amendment No. duct of the study required by subsection MINISTRATOR TO EDUCATE PUBLIC 2973, Boxer amendment No. 2980, Casey (b)(1); and ABOUT FIRE AND FIRE PREVENTION. amendment No. 2994, Toomey amend- (B) develop a plan to enhance firefighter Section 6 of the Federal Fire Prevention ment No. 3059, Inhofe amendment No. and Control Act of 1974 (15 U.S.C. 2205) is safety by increasing fire service compliance 3072, Vitter amendment No. 3086, Sha- with the standards described in subsection amended by striking ‘‘to take all steps’’ and all that follows through ‘‘fire and fire pre- heen amendment No. 3098, Coburn (b)(1), including by— amendment No. 3186. (i) reviewing and evaluating the report re- vention.’’ and inserting ‘‘to take such steps quired by subsection (b)(3)(A) to determine as the Administrator considers appropriate I understand from Senator MCCAIN the extent of and barriers to achieving com- to educate the public and overcome public that these amendments have been pliance with the standards described in sub- indifference as to fire, fire prevention, and cleared on his side. section (b)(1) among fire services; and individual preparedness.’’. Mr. MCCAIN. Those amendments are (ii) considering ways in which the Federal SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. cleared. Government, States, and local governments Section 17(g)(1) of the Federal Fire Preven- Mr. LEVIN. Mr. President, I now ask can promote or encourage fire services to tion and Control Act of 1974 (15 U.S.C. unanimous consent that the Senate comply with such standards. 2216(g)(1)) is amended— consider these amendments en bloc, (4) REPORT.— (1) in subparagraph (G), by striking ‘‘and’’ the amendments be agreed to, and the (A) IN GENERAL.—Not later than 180 days at the end; motion to reconsider be laid upon the after the date on which the Secretary sub- (2) in subparagraph (H), by striking the pe- mits the report required by subsection riod at the end and inserting a semicolon; table. (b)(3)(A), the Task Force shall submit to (3) by adding after subparagraph (H) the The ACTING PRESIDENT pro tem- Congress and the Secretary a report on the following: pore. Is there objection? activities and findings of the Task Force. ‘‘(I) $76,490,890 for fiscal year 2013, of which Without objection, it is so ordered. (B) CONTENTS.—The report required by sub- $2,753,672 shall be used to carry out section The amendments were agreed to, as paragraph (A) shall include the following: 8(f); follows:

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.020 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7175

AMENDMENT NO. 2929 the findings of the investigation to the per- against the contractor or grantee to seek (The amendment is printed in the son, the contractor or grantee concerned, compensatory damages and other relief RECORD of Monday, November 26, 2012, and the head of the agency. available under this section in the appro- under ‘‘Text of amendments.’’) ‘‘(2) INSPECTOR GENERAL ACTION.— priate district court of the United States, ‘‘(A) DETERMINATION OR SUBMISSION OF RE- which shall have jurisdiction over such an AMENDMENT NO. 2942 PORT ON FINDINGS.—Except as provided under action without regard to the amount in con- (Purpose: To expand whistleblower protec- subparagraph (B), the Inspector General troversy. Such an action shall, at the re- tions to non-Defense contractor and grant- shall make a determination that a complaint quest of either party to the action, be tried ee employees) is frivolous, fails to allege a violation of the by the court with a jury. An action under On page 248, between lines 19 and 20, insert prohibition in subsection (a), or has pre- this paragraph may not be brought more the following: viously been addressed in another Federal or than two years after the date on which rem- State judicial or administrative proceeding edies are deemed to have been exhausted. SEC. 844A. WHISTLEBLOWER PROTECTIONS FOR initiated by the complainant or submit a re- NON-DEFENSE CONTRACTORS. ‘‘(3) ADMISSIBILITY OF EVIDENCE.—An In- port under paragraph (1) within 180 days spector General determination and an agen- (a) WHISTLEBLOWER PROTECTIONS.— after receiving the complaint. cy head order denying relief under paragraph (1) IN GENERAL.—Chapter 47 of title 41, ‘‘(B) EXTENSION OF TIME.—If the Inspector (2) shall be admissible in evidence in any de United States Code, is amended by adding at General is unable to complete an investiga- the end the following new section: novo action at law or equity brought pursu- tion in time to submit a report within the ant to this subsection. ‘‘SEC. 4712. CONTRACTOR AND GRANTEE EM- 180-day period specified in subparagraph (A) ‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a PLOYEES: PROTECTION FROM RE- and the person submitting the complaint person fails to comply with an order issued PRISAL FOR DISCLOSURE OF CER- agrees to an extension of time, the Inspector TAIN INFORMATION. under paragraph (1), the head of the execu- General shall submit a report under para- ‘‘(a) PROHIBITION OF REPRISALS.— tive agency concerned shall file an action for graph (1) within such additional period of ‘‘(1) IN GENERAL.—An employee of a con- enforcement of such order in the United time, up to 180 days, as shall be agreed upon tractor, subcontractor, or grantee may not States district court for a district in which between the Inspector General and the per- be discharged, demoted, or otherwise dis- the reprisal was found to have occurred. In son submitting the complaint. criminated against as a reprisal for dis- any action brought under this paragraph, the ‘‘(3) PROHIBITION ON DISCLOSURE.—The In- court may grant appropriate relief, including closing to a person or body described in para- spector General may not respond to any in- graph (2) information that the employee rea- injunctive relief, compensatory and exem- quiry or disclose any information from or plary damages, and attorney fees and costs. sonably believes is evidence of gross mis- about any person alleging the reprisal, ex- management of a Federal contract or grant, The person upon whose behalf an order was cept to the extent that such response or dis- issued may also file such an action or join in a gross waste of Federal funds, an abuse of closure is— authority relating to a Federal contract or an action filed by the head of the executive ‘‘(A) made with the consent of the person agency. grant, a substantial and specific danger to alleging the reprisal; ‘‘(5) JUDICIAL REVIEW.—Any person ad- public health or safety, or a violation of law, ‘‘(B) made in accordance with the provi- rule, or regulation related to a Federal con- versely affected or aggrieved by an order sions of section 552a of title 5 or as required issued under paragraph (1) may obtain re- tract (including the competition for or nego- by any other applicable Federal law; or view of the order’s conformance with this tiation of a contract) or grant. ‘‘(C) necessary to conduct an investigation subsection, and any regulations issued to ‘‘(2) PERSONS AND BODIES COVERED.—The of the alleged reprisal. carry out this section, in the United States persons and bodies described in this para- ‘‘(4) TIME LIMITATION.—A complaint may court of appeals for a circuit in which the re- graph are the persons and bodies as follows: not be brought under this subsection more prisal is alleged in the order to have oc- ‘‘(A) A Member of Congress or a represent- than three years after the date on which the curred. No petition seeking such review may ative of a committee of Congress. alleged reprisal took place. be filed more than 60 days after issuance of ‘‘(B) An Inspector General. ‘‘(c) REMEDY AND ENFORCEMENT AUTHOR- ‘‘(C) The Government Accountability Of- ITY.— the order by the head of the executive agen- fice. ‘‘(1) IN GENERAL.—Not later than 30 days cy. Review shall conform to chapter 7 of title ‘‘(D) A Federal employee responsible for after receiving an Inspector General report 5. Filing such an appeal shall not act to stay contract or grant oversight or management pursuant to subsection (b), the head of the the enforcement of the order of the head of at the relevant agency. executive agency concerned shall determine an executive agency, unless a stay is specifi- ‘‘(E) An authorized official of the Depart- whether there is sufficient basis to conclude cally entered by the court. ment of Justice or other law enforcement that the contractor or grantee concerned has ‘‘(6) BURDENS OF PROOF.—The legal burdens agency. subjected the complainant to a reprisal proof proof specified in section 1221(e) of title 5 ‘‘(F) A court or grand jury. hibited by subsection (a) and shall either shall be controlling for the purposes of any ‘‘(G) A management official or other em- issue an order denying relief or shall take investigation conducted by an Inspector ployee of the contractor, subcontractor, or one or more of the following actions: General, decision by the head of an executive grantee who has the responsibility to inves- ‘‘(A) Order the contractor or grantee to agency, or judicial or administrative pro- tigate, discover, or address misconduct. take affirmative action to abate the reprisal. ceeding to determine whether discrimination ‘‘(3) RULES OF CONSTRUCTION.—For the pur- ‘‘(B) Order the contractor or grantee to re- prohibited under this section has occurred. poses of paragraph (1)— instate the person to the position that the ‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.— ‘‘(A) an employee who initiates or provides person held before the reprisal, together with The rights and remedies provided for in this evidence of contractor, subcontractor, or compensatory damages (including back pay), section may not be waived by any agree- grantee misconduct in any judicial or admin- employment benefits, and other terms and ment, policy, form, or condition of employ- istrative proceeding relating to waste, fraud, conditions of employment that would apply ment, including by any predispute arbitra- or abuse on a Federal contract or grant shall to the person in that position if the reprisal tion agreement, other than an arbitration be deemed to have made a disclosure covered had not been taken. provision in a collective bargaining agree- by such paragraph; and ‘‘(C) Order the contractor or grantee to pay ment. ‘‘(B) a reprisal described in paragraph (1) is the complainant an amount equal to the ag- ‘‘(d) NOTIFICATION OF EMPLOYEES.—The prohibited even if it is undertaken at the re- gregate amount of all costs and expenses (in- head of each executive agency shall ensure quest of an executive branch official, unless cluding attorneys’ fees and expert witnesses’ that contractors, subcontractors, and grant- the request takes the form of a non-discre- fees) that were reasonably incurred by the ees of the agency inform their employees in tionary directive and is within the authority complainant for, or in connection with, writing of the rights and remedies provided of the executive branch official making the bringing the complaint regarding the re- under this section, in the predominant na- request. prisal, as determined by the head of the exec- tive language of the workforce. ‘‘(b) INVESTIGATION OF COMPLAINTS.— utive agency. ‘‘(e) CONSTRUCTION.—Nothing in this sec- ‘‘(1) SUBMISSION OF COMPLAINT.—A person ‘‘(2) EXHAUSTION OF REMEDIES.—If the head who believes that the person has been sub- of an executive agency issues an order deny- tion may be construed to authorize the dis- jected to a reprisal prohibited by subsection ing relief under paragraph (1) or has not charge of, demotion of, or discrimination (a) may submit a complaint to the Inspector issued an order within 210 days after the sub- against an employee for a disclosure other General of the executive agency involved. mission of a complaint under subsection (b), than a disclosure protected by subsection (a) Unless the Inspector General determines or in the case of an extension of time under or to modify or derogate from a right or rem- that the complaint is frivolous, fails to al- paragraph (b)(2)(B), not later than 30 days edy otherwise available to the employee. lege a violation of the prohibition in sub- after the expiration of the extension of time, ‘‘(f) DEFINITIONS.—In this section: section (a), or has previously been addressed and there is no showing that such delay is ‘‘(1) The term ‘abuse of authority’ means in another Federal or State judicial or ad- due to the bad faith of the complainant, the an arbitrary and capricious exercise of au- ministrative proceeding initiated by the complainant shall be deemed to have ex- thority that is inconsistent with the mission complainant, the Inspector General shall in- hausted all administrative remedies with re- of the executive agency concerned or the vestigate the complaint and, upon comple- spect to the complaint, and the complainant successful performance of a contract or tion of such investigation, submit a report of may bring a de novo action at law or equity grant of such agency.

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‘‘(2) The term ‘Inspector General’ means an ‘‘(d) REPORTS.— (d) REAUTHORIZATION.— Inspector General appointed under the In- ‘‘(1) COMPREHENSIVE ANNUAL REPORT.— (1) IN GENERAL.—Section 1334 of the For- spector General Act of 1978 and any Inspec- ‘‘(A) IN GENERAL.—Not less frequently than eign Affairs Reform and Restructuring Act tor General that receives funding from, or annually, the Commission shall submit a of 1998 (22 U.S.C. 6553) is amended by striking has oversight over contracts or grants comprehensive report on public diplomacy ‘‘October 1, 2010’’ and inserting ‘‘October 1, awarded for or on behalf of, the executive and international broadcasting activities to 2014’’. agency concerned.’’. Congress, the President, and the Secretary of (2) RETROACTIVITY OF EFFECTIVE DATE.— (2) CLERICAL AMENDMENT.—The table of State. This report shall include— The amendment made by paragraph (1) shall sections at the beginning of such chapter is ‘‘(i) a detailed list of all public diplomacy take effect on October 1, 2010. amended by adding at the end the following activities funded by the United States Gov- (e) FUNDING.—From amounts appropriated new item: ernment; by Congress under the heading ‘‘DIPLOMATIC ‘‘4712. Contractor and grantee employees: ‘‘(ii) a description of— AND CONSULAR PROGRAMS’’, the Secretary of protection from reprisal for dis- ‘‘(I) the purpose, means, and geographic State shall allocate sufficient funding to the closure of certain informa- scope of each activity; United States Advisory Commission on Pub- tion.’’. ‘‘(II) when each activity was started; lic Diplomacy to carry out section 604 of the ‘‘(III) the amount of Federal funding ex- (b) ALLOWABILITY OF LEGAL FEES.—Section United States Information and Educational pended on each activity; 4310 of title 41, United States Code, is amend- Exchange Act of 1948 (22 U.S.C. 1469), as ‘‘(IV) any significant outside sources of ed— amended by this section. funding; and (1) in subsection (b), by striking ‘‘com- AMENDMENT NO. 2966 ‘‘(V) the Federal department or agency to menced by the Federal Government or a which the activity belongs; (Purpose: To reauthorize and expand the State’’ and inserting ‘‘commenced by the ‘‘(iii) the international broadcasting ac- multi-trades demonstration project) Federal Government, by a State, or by a con- tivities under the direction of the Broad- At the end of subtitle C of title III, add the tractor or grantee employee submitting a casting Board of Governors; following: complaint under section 4712 of this title’’; ‘‘(iv) an assessment of potentially duplica- SEC. 322. EXPANSION AND REAUTHORIZATION OF and tive public diplomacy and international MULTI-TRADES DEMONSTRATION (2) in subsection (c)(3), by striking ‘‘the im- broadcasting activities; and PROJECT. position of a monetary penalty’’ and insert- ‘‘(v) for any activities determined to be in- (a) EXPANSION.—Section 338 of the National ing ‘‘the imposition of a monetary penalty or effective or results not demonstrated under Defense Authorization Act for Fiscal Year an order to take corrective action under sec- subparagraph (B), recommendations on ex- 2004 (10 U.S.C. 5013 note) is amended— tion 4712 of this title’’. isting effective or moderately effective pub- (1) by striking subsection (a) and inserting (c) EFFECTIVE DATE.— lic diplomacy activities that could be aug- the following new subsection: (1) IN GENERAL.—The amendments made by mented to carry out the objectives of the in- ‘‘(a) DEMONSTRATION PROJECT AUTHOR- this section shall take effect on the date effective activities. IZED.—In accordance with section 4703 of that is 180 days after the date of the enact- ‘‘(B) EFFECTIVENESS ASSESSMENT.—In eval- title 5, United States Code, the Secretary of ment of this Act, and shall apply to— uating the public diplomacy and inter- a military department may carry out a dem- (A) all contracts and grants awarded on or national broadcasting activities described in onstration project at facilities described in after such date; subparagraph (A), the Commission shall con- subsection (b) under which workers who are (B) all task orders entered on or after such duct an assessment that considers the public certified at the journey level as able to per- date pursuant to contracts awarded before, diplomacy target impact, the achieved im- form multiple trades shall be promoted by on, or after such date; and pact, and the cost of public diplomacy activi- one grade level.’’; and (C) all contracts awarded before such date ties and international broadcasting. The as- (2) in subsection (b), by striking ‘‘Logistics that are modified to include a contract sessment shall include, if practicable, an ap- Center, Navy Fleet Readiness Center,’’ and clause providing for the applicability of such propriate metric such as ‘cost-per-audience’ inserting ‘‘Logistics Complex, Navy Fleet amendments. or ‘cost-per-student’ for each activity. Upon Readiness Center, Navy shipyard, Marine (2) REVISION OF FEDERAL ACQUISITION REGU- the completion of the assessment, the Com- Corps Logistics Base,’’. LATION.—Not later than 180 days after the mission shall the assign a rating of— (b) REAUTHORIZATION.—Such section is fur- date of the enactment of this Act, the Fed- ‘‘(i) ‘effective’ for activities that— ther amended— eral Acquisition Regulation shall be revised ‘‘(I) set appropriate goals; (1) in subsection (d), by striking ‘‘2013’’ and to implement the requirements arising under ‘‘(II) achieve results; and inserting ‘‘2018’’; and the amendments made by this section. ‘‘(III) are well-managed and cost efficient; (2) in subsection (e), by striking ‘‘2014’’ and (3) INCLUSION OF CONTRACT CLAUSE IN CON- ‘‘(ii) ‘moderately effective’ for activities inserting ‘‘2019’’. TRACTS AWARDED BEFORE EFFECTIVE DATE.— that— AMENDMENT NO. 2973 At the time of any major modification to a ‘‘(I) achieve some results; (Purpose: To express the sense of the Senate contract that was awarded before the date ‘‘(II) are generally well-managed; and on training of mental health counselors for that is 180 days after the date of the enact- ‘‘(III) need to improve their performance members of the Armed Forces, veterans, ment of this Act, the head of the contracting results or cost efficiency, including reducing and their families) agency shall make best efforts to include in overhead; the contract a contract clause providing for ‘‘(iii) ‘ineffective’ for activities that— At the end of subtitle D of title VII, add the applicability of the amendments made ‘‘(I) are not making sufficient use of avail- the following: by this section to the contract. able resources to achieve stated goals; SEC. 735. SENSE OF SENATE ON MENTAL HEALTH COUNSELORS FOR MEMBERS OF AMENDMENT NO. 3230 ‘‘(II) are not well-managed; or ‘‘(III) have excessive overhead; and THE ARMED FORCES, VETERANS, (Purpose: To reauthorize and modify the re- AND THEIR FAMILIES. ‘‘(iv) ‘results not demonstrated’ for activi- sponsibilities of the United States Advi- It is the sense of the Senate that— ties that— sory Commission on Public Diplomacy (1) the Secretary of Defense and the Sec- ‘‘(I) do not have acceptable performance through fiscal year 2014) retary of Veterans Affairs should develop a public diplomacy metrics for measuring re- At the appropriate place, insert the fol- plan to ensure a sustainable flow of qualified sults; or lowing: counselors to meet the long-term needs of ‘‘(II) are unable or failed to collect data to SEC. lll. UNITED STATES ADVISORY COMMIS- members of the Armed Forces, veterans, and determine if they are effective. SION ON PUBLIC DIPLOMACY. their families for counselors; and ‘‘(2) OTHER REPORTS.— (a) TECHNICAL AMENDMENT.—Section 604(a) (2) the plan should include the participa- ‘‘(A) IN GENERAL.—The Commission shall of the United States Information and Edu- tion of accredited schools and universities, submit other reports, including working pa- cational Exchange Act of 1948 (22 U.S.C. health care providers, professional coun- pers, to Congress, the President, and the Sec- 1469(a)) is amended by inserting ‘‘(referred to selors, family service or support centers, retary of State at least semi-annually on in this section as the ‘Commission’)’’ before chaplains, and other appropriate resources of other activities and policies related to the period at the end. the Department of Defense and the Depart- United States public diplomacy. (b) DUTIES AND RESPONSIBILITIES.—Section ment of Veterans Affairs. 604(c) of such Act is amended to read as fol- ‘‘(B) AVAILABILITY.—The Commission shall AMENDMENT NO. 2980 lows: make the reports submitted pursuant to sub- ‘‘(c) DUTIES AND RESPONSIBILITIES.—The paragraph (A) publicly available on the (Purpose: To require an Inspector General of Commission shall appraise United States Website of the Commission to develop a bet- the Department of Defense report on allow- Government activities intended to under- ter understanding of, and support for, public able costs of compensation of employees of stand, inform, and influence foreign publics. diplomacy activities. Department of Defense contractors) The activities described in this subsection ‘‘(3) ACCESS TO INFORMATION.—The Sec- On page 238. between lines 15 and 16, insert shall be referred to in this section as ‘public retary of State shall ensure that the Com- the following: diplomacy activities’.’’. mission has access to all appropriate infor- (c) REPORT ON ALLOWABLE COSTS OF EM- (c) REPORTS.—Section 604(d) of such Act is mation to carry out its duties and respon- PLOYEE COMPENSATION.—Not later than 120 amended to read as follows: sibilities under this subsection.’’. days after the date of the enactment of this

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.022 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7177 Act, the Inspector General of the Depart- process, and reuse some of the rare earth ele- (2) while increased modeling and simula- ment of Defense shall submit to Congress a ments contained in them; tion has reduced overall costs of training of report on the effect of the modification of al- (2) fluorescent lighting materials could members of the Armed Forces, there are still lowable costs of contractor compensation of prove to be a promising recyclable source of significant costs associated with the human employees made by subsection (a). The re- heavy rare earth elements; resources required to execute certain train- port shall include the following: (3) a cost-benefit analysis would be helpful ing exercises where role-playing actors for (1) The total number of contractor employ- in determining the viability of a Department certain characters such as opposing forces, ees whose allowable costs of compensation in of Defense program to recycle fluorescent the civilian populace, other government fiscal year 2012 exceeded the amount of al- lighting waste in order to increase its sup- agencies, and non-governmental organiza- lowable costs under the modification made plies of heavy rare earth elements; and tions are required; by subsection (a). (4) the recycling of heavy rare earth ele- (3) technological advances in areas such as (2) The total number of contractor employ- ments may be one component of a long term varying levels of autonomy for systems, ees whose allowable costs of compensation in strategic plan to address the global demand multi-player gaming techniques, and artifi- each of fiscal years 2010, 2011, and 2012 would for such elements, without which such ele- cial intelligence could reduce the number of have exceeded the amount of allowable costs ments could be unnecessarily lost. personnel required to support certain train- under section 2324(e)(1)(P) of title 10, United (c) REPORT REQUIRED.— ing exercises for members of the Armed States Code, as amended by section 803(a) of (1) IN GENERAL.—Not later than March 1, Forces, and thereby reduce the overall cost the National Defense Authorization Act for 2013, the Secretary of Defense shall submit of the exercises; and Fiscal Year 2012 (Public Law 112–81; 125 Stat. to the congressional defense committees a (4) the Secretary of Defense should develop 1485). report on the results of a cost-benefit anal- a plan to increase the use of emerging tech- (3) The total number of contractor employ- ysis on, and on recommendations con- nologies in autonomous systems, the com- ees whose allowable costs of compensation in cerning, the feasibility and advisability of mercial gaming sector, and artificial intel- each of fiscal years 2010, 2011, and 2012 ex- establishing a program within the Depart- ligence for training exercises for members of ceeded the amount payable to the President ment of Defense to— the Armed Forces to increase training effec- under section 102 of title 3, United States (A) recapture fluorescent lighting waste; tiveness and reduce costs. Code. and AMENDMENT NO. 3086 (4) The total number of contractor employ- (B) make such waste available to entities (Purpose: To require assessments by the Air ees in fiscal year 2012 that could have been that have the ability to extract rare earth Force of the effects of proposed movements characterized as falling within a narrowly phosphors, reprocess and separate them in an of airframes on joint readiness training) targeted exception established by the Sec- environmentally safe manner, and return retary of Defense under section 2324(e)(1)(P) them to the domestic rare earth supply At the end of title XVII, add the following: of title 10, United States Code, as a result of chain. SEC. 1711. AIR FORCE ASSESSMENTS OF THE EF- the amendment made by section 803(a)(2) of (2) ELEMENTS.—The report required by FECTS OF PROPOSED MOVEMENTS the National Defense Authorization Act for paragraph (1) shall include analysis of meas- OF AIRFRAMES ON JOINT READI- Fiscal Year 2012. ures that could be taken to— NESS TRAINING. (5) An assessment whether the compensa- (A) provide for the disposal and mitigation The Secretary of the Air Force shall— tion amounts provided in fiscal year 2012 to of residual mercury and other hazardous by- (1) undertake an assessment of the effects employees who were characterized by their products to be produced by the recycling of currently-proposed movements of Air employers as falling within a narrowly tar- process; and Force airframes on Green Flag East and geted exception described in paragraph (4) (B) address concerns regarding the poten- Green Flag West joint readiness training; were provided compensation amounts in that tial export of heavy rare earth materials ob- and fiscal year in manner consistent with private tained from United States Government (2) if the Secretary determines it appro- sector practice. sources to non-allied nations. priate, submit to the congressional defense committees a report setting forth a proposal (6) The duties and services performed in AMENDMENT NO. 3059 fiscal year 2012 by employees who were char- to make future replacements of capabilities (Purpose: To require a report on the estab- acterized by their employers as falling with- for purposes of augmenting training at the lishment of a joint Armed Forces histor- in a narrowly targeted exception described in joint readiness training center (JRTC) or for ical storage and preservation facility) paragraph (4). such other purposes as the Secretary con- (7) An assessment whether there are Fed- At the end of subtitle F of title X, add the siders appropriate. eral civilian employees who perform duties following: AMENDMENT NO. 3098 and services comparable to the duties and SEC. 1064. REPORT ON ESTABLISHMENT OF (Purpose: To require a report by the suspen- services described pursuant to paragraph (6). JOINT ARMED FORCES HISTORICAL sion and debarment officials of the mili- STORAGE AND PRESERVATION FA- tary departments and the Defense Logis- AMENDMENT NO. 2994 CILITY. tics Agency) (Purpose: To require a report on a program Not later than 180 days after the date of on the return of rare earth phosphors from the enactment of this Act, the Secretary of At the end of subtitle E of title VIII, add Department of Defense fluorescent lighting Defense shall submit to the congressional de- the following: waste to the domestic rare earth supply fense committees a report setting forth an SEC. 888. REPORT BY THE SUSPENSION AND DE- chain) assessment of the feasability and advis- BARMENT OFFICIALS OF THE MILI- At the end of subtitle F of title X, add the ability of establishing a joint Armed Forces TARY DEPARTMENTS AND THE DE- FENSE LOGISTICS AGENCY. following: historical storage and preservation facility. The report shall include a description and as- (a) REPORT REQUIRED.—Not later than 60 SEC. 1064. REPORT ON PROGRAM ON RETURN OF days after the date of the enactment of this RARE EARTH PHOSPHORS FROM DE- sessment of the current capacities and quali- PARTMENT OF DEFENSE FLUORES- ties of the historical storage and preserva- Act, the suspension and debarment official of CENT LIGHTING WASTE TO THE DO- tion facilities of each of the Armed Forces, each agency specified in subsection (b) shall MESTIC RARE EARTH SUPPLY including the following: submit to the congressional defense commit- CHAIN. (1) An identification of any excess capacity tees a report on the suspension and debar- (a) FINDINGS.—Congress makes the fol- at any such facility. ment activities of such official containing lowing findings: (2) An identification of any shortfalls in the information specified in subsection (c). (1) In its December 2011 report entitled the capacity or quality of such facilities of (b) COVERED AGENCIES.—The agencies spec- ‘‘Critical Materials Strategy’’, the Depart- any Armed Force, and a description of pos- ified in this subsection are the following: ment of Energy states that the heavy rare sible actions to address such shortfalls. (1) The Department of the Army. earth phosphors, dysprosium, europium, ter- (2) The Department of the Navy. bium, and yttrium, are particularly impor- AMENDMENT NO. 3072 (3) The Department of the Air Force. tant given their relative scarcity and their (Purpose: To express the sense of Senate on (4) The Defense Logistics Agency. importance to clean energy, energy effi- increasing the cost-effectiveness of train- (c) COVERED INFORMATION.—The informa- ciency, hybrid and electric vehicles, and ad- ing exercises for members of the Armed tion specified in this subsection to be in- vanced defense systems, among other key Forces) cluded in the report of a suspension and de- technologies. At the end of subtitle E of title II, add the barment official under subsection (a) is the (2) While new sources of production of rare following: following: earth elements show promise, these are fo- SEC. 272. SENSE OF SENATE ON INCREASING THE (1) The number of open suspension and de- cused primarily on the light rare earth ele- COST-EFFECTIVENESS OF TRAINING barment cases of such official as of the date ments. EXERCISES FOR MEMBERS OF THE of such report. (b) SENSE OF SENATE.—It is the sense of the ARMED FORCES. (2) The current average processing time for Senate that— It is the sense of the Senate that— suspension and debarment cases. (1) the recycling of end-use technologies (1) modeling and simulation will continue (3) The target goal of such official for aver- that use rare earth elements can provide to play a critical role in the training of the age processing time for suspension and de- near-term opportunities to recapture, re- members of the Armed Forces; barment proposals.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.023 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7178 CONGRESSIONAL RECORD — SENATE November 29, 2012 (4) If the average time required for such of- from New Hampshire to offer an was attacked on September 11, that ficial to process suspension and debarment amendment. was an act of war against the United proposals is more than twice the target goal Mr. LEVIN. There is 20 minutes even- States of America, and we remain, un- specified under paragraph (3)— ly divided? (A) an explanation why the average time fortunately, at war with members of exceeds the target goal by more than twice The ACTING PRESIDENT pro tem- al-Qaida and other terrorist organiza- the target goal; and pore. There will be. tions that want to kill Americans and (B) a description of the actions to be taken The Senator from New Hampshire. our allies simply for what we believe in by such official to ensure that the average AMENDMENT NO. 3245 and for what we stand for in this coun- processing time for suspension and debar- Ms. AYOTTE. Mr. President, I ask try. This is a war, and those who were ment proposals meets the target goal. unanimous consent to temporarily set killed on September 11 were victims of AMENDMENT NO. 3186 aside the pending amendment so I may this war. (Purpose: To require a study on small arms call up my amendment No. 3245, which One of the concerns I have is that and ammunition acquisition) is at the desk. when we are at war, the priority al- At the end of subtitle E of title VIII, add The ACTING PRESIDENT pro tem- ways has to be to detain those who are the following: pore. Without objection, it is so or- captured, pursuant to that war, in SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- MUNITION ACQUISITION. dered. military custody. (a) STUDY.— The clerk will report. We have at Guantanamo Bay a top- (1) IN GENERAL.—Not later than 30 days The legislative clerk read as follows: rate facility. I have visited it person- after the date of the enactment of this Act, The Senator from New Hampshire [Ms. ally. Those who are held there are the Secretary of Defense shall enter into a AYOTTE] proposes an amendment numbered treated humanely. It is a very secure contract with a Federally Funded Research 3245. facility that is not on our homeland, and Development Center to conduct a study and it is very well protected by our on the Army’s acquisition of small arms and The amendment is as follows: ammunition to determine each of the fol- (Purpose: To prohibit the use of funds for the military. lowing: transfer or release of certain individuals Also at that facility is a top-rate (A) A comparative evaluation of the cur- from United States Naval Station, Guanta- court, where military commissions can rent military small arms in use by United namo Bay, Cuba) be held for those who are charged who States general purpose and special oper- At the end of subtitle D of title X, add the are held at Guantanamo Bay. Why is ations forces, allied foreign militaries, and following: that important? Because when you are those potential candidate small arms not SEC. 1032. PROHIBITION ON USE OF FUNDS FOR at war, those aren’t mere criminals— necessarily in use militarily but available THE TRANSFER OR RELEASE OF IN- they are not mere criminals who have commercially. DIVIDUALS FROM UNITED STATES (B) An assessment of the Department of NAVAL STATION, GUANTANAMO BAY, committed a burglary in our neighbor- Defense’s current plans to modernize its CUBA. hood. They have committed acts of ter- small arms capabilities. No authorized to be appropriated funds ror against our country, and they are (C) A comparative evaluation of the may be used to transfer, release, or assist in very dangerous individuals, many of Army’s standard small arms ammunition the transfer or release to or within the whom would attempt do so again were with other small arms ammunition alter- United States, its territories, or possessions they released. That is another reason natives. of Khalid Sheikh Mohammed or any other why I have brought this amendment detainee who— (2) FACTORS TO CONSIDER.—The study re- forward, because I think it is very im- quired under subsection (a) shall take into (1) is not a United States citizen or a mem- consideration the following factors: ber of the Armed Forces of the United portant that the American people be (A) Current and future operating environ- States; and safe and secure and that those individ- ments as specified or referred to in Depart- (2) is or was held on or after January 20, uals who are being held there—many of ment of Defense strategic guidance and plan- 2009, at United States Naval Station, Guan- them who are tremendously dan- ning documents. tanamo Bay, Cuba, by the Department of De- gerous—be held in a secure facility (B) Modifications and improvements re- fense. that is not on our soil. cently applied to United States general pur- Ms. AYOTTE. Mr. President, I rise in In 2009, the Attorney General dispose and special operations forces small support of my amendment No. 3245. cussed and sought to bring Khalid arms as well as their potential for continued Last year, in the Defense authoriza- modification and improvement. Shaikh Mohammed—the mastermind (C) Industrial base impacts. tion bill we had in it a prohibition that of 9/11—to trial in New York City. The (3) ACCESS TO INFORMATION.—The Secretary would prohibit transferring those who American people and members of both of Defense and the Secretary of the Army are held in military custody at the sides of the aisle objected to having the shall ensure that the Federally Funded Re- Guantanamo Bay facility from there to trial of Khalid Shaikh Mohammed in search and Development Center conducting the United States of America. This New York City. As a result, Khalid the study required under subsection (a) has year, as the language of the Defense Shaikh Mohammed is being held at access to all necessary data, records, anal- authorization stands, there is no such Guantanamo Bay. He will be tried by a ysis, personnel, and other resources nec- prohibition, making it possible for the essary to complete the study. military commission. But that dem- (b) REPORT.— administration, should it choose, to onstration made it clear the American (1) IN GENERAL.—Not later than September transfer from the Guantanamo Bay de- people do not want foreign members of 30, 2013, the Secretary of Defense shall sub- tention facility 166 foreign enemy com- al-Qaida and associated terrorist orga- mit to the congressional defense committees batants who are being currently de- nizations being brought to the United a report containing the results of the study tained at Guantanamo. I am deeply States when we have a secure facility conducted under subsection (a), together concerned that the Defense authoriza- at Guantanamo Bay that we have spent with the comments of the Secretary of De- tion does not include this prohibition fense on the findings contained in the study. resources to update, that is very hu- of transfer language, and that is why I (2) CLASSIFIED ANNEX.—The report shall be mane. in unclassified form, but may contain a clas- have brought forth this amendment. In fact, in February of 2012, the sified annex. I am also pleased that this amend- Washington Post asked: Do you ap- (c) DEFINITIONS.—In this section: ment is being cosponsored by the vice prove of the decision to keep open the (1) The term ‘‘small arms’’ means— chairman of the Senate Select Com- Guantanamo Bay prison for terror sus- (A) firearms up to but not including .50 cal- mittee on Intelligence, Senator CHAM- pects? Seventy percent of the Amer- iber; and BLISS, as well as Senators Inhofe, Gra- ican people who answered that survey (B) shotguns. (2) The term ‘‘small arms ammunition’’ ham, Kirk, and Sessions. said: Yes, we approve of it. means ammunition or ordnance for— We have at Guantanamo Bay a top- I want people to understand whom we (A) firearms up to but not including .50 cal- rate facility that allows for the secure are talking about transferring from iber; and and humane detention and interroga- Guantanamo Bay to the United States (B) shotguns. tion of foreign terrorist detainees, in- of America and understand the individ- Mr. LEVIN. Mr. President, what is cluding right now the mastermind of uals and some of the background of the pending matter? the attacks of our country on 9/11. those who are being held at Guanta- The ACTING PRESIDENT pro tem- I don’t think anyone in this body namo Bay, coming to a neighborhood pore. It is now in order for the Senator would dispute that when our country near you.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.024 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7179 This is, of course, the mastermind of Nabi was a senior Taliban official President. Today, a statement of ad- the September 11 attacks, Khalid also who helped finance the Taliban ministration policy was issued that in- Shaikh Mohammed, who is being held and smuggled weapons used against our dicated concern about restricting the at Guantanamo Bay. He is often called troops. Nabi maintained weapons transfer of Guantanamo detainees. KSM. He claims to have personally de- stockpiles and helped smuggle fighters I believe Guantanamo has been a capitated American journalist Daniel and weapons to attack our warfighters. blight on the image of our country Pearl in 2002, and he admitted to play- He is reportedly loyal to the Pakistan- across this world and it should be ing a role in over 30 terrorist plots. based Haqqani terrorist network. The closed down. It is important to note Some of these include a 1995 plot to Haqqani network, of course, has been that there are reasons to have the blow up 12 U.S. airliners flying from designated by the State Department as flexibility that Senator AYOTTE’s Southeast Asia to the United States a foreign terrorist organization, and amendment would restrict. for which he was indicted the following the Haqqanis are loyal to the Taliban For example, there are detainees at year; the 1993 World Trade Center and behind some of the largest attacks Guantanamo who could be transferred bombing; a plot to hit towers in Chi- against the United States, Afghan, and to the U.S. to be convicted in federal cago, Seattle, Los Angeles, New York’s coalition troops and interests in Af- criminal courts. Others try to leave, Empire State Building, and nuclear ghanistan. He was also a member of a like the Uighurs, for instance, but power stations. KSM also claimed he joint al-Qaida/Taliban cell in Khost, there is no place for them to go. And was involved in a plot to assassinate Afghanistan, that was involved in at- this amendment restricts them from Pope John Paul II and President Bill tacks against the United States and co- being transferred here to the United Clinton. He, of course, met Osama bin alition forces. He continues to have States. Many say, why would we let terror- Laden in the 1980s, and in 1999 KSM issues with his behavior and how he has ists come to our backyard? Well, let’s persuaded Osama bin Laden to support conducted himself. consider the hundreds of terrorists that the horrible acts that occurred on our The ACTING PRESIDENT pro tem- are already in our backyard serving soil on September 11. pore. The Senator has used 10 minutes. Mullah Mohammad Fazil is another Ms. AYOTTE. He is just one of the in- time at 98 facilities across the United individual being held at Guantanamo dividuals who, if we do not have this States, according to a GAO report re- Bay. Fazil is suspected in the death of prohibition, may be transferred to the leased yesterday. The Blind Sheik is incarcerated in a CIA Officer Johnny ‘‘Mike’’ Spann in United States of America. Those are just three of the individ- Federal prison in the U.S. Khalid 2001, the first casualty of the Afghani- uals who are present at Guantanamo Shaikh Mohammed’s nephew, Ramzi stan war. He was deemed by U.S. offi- Bay who could be coming to a neigh- Yousef, is in a Federal prison here. cials as a high threat to the United borhood near you. Some may cite—one Richard Reid, the Shoe Bomber, is in a States. It was assessed that he would of the reasons I brought forth this Federal prison here. Najibullah Zazi likely rejoin the Taliban and partici- amendment as well is some may cite a and Adis Medunjanin, who plotted to pate in operations against U.S. and co- GAO report saying that we could some- bomb New York subway system, are alition forces if released. He was at one how transfer these individuals here. both in Federal prison here. time the most senior Taliban leader in Let’s be clear what that GAO report I have a list of terrorists arrested northern Afghanistan. In fact, he was says. here, 98 of them since 2009, who will go so senior he once threatened Taliban The ACTING PRESIDENT pro tem- to Federal prisons. Let me describe a leader Mullah Omar. Fazil has been im- pore. The time of the Senator has ex- few of these arrests. One of the exam- plicated in the murder of thousands of pired. ples was earlier this month, Ralph Shiites in northern Afghanistan under Ms. AYOTTE. I ask this body to Deleon, with Miguel Alejandro Santana Taliban control, and he is wanted by agree to this amendment and not bring Vidriales and Arifeen David Gojali the United Nations for possible war these terrorists here to the United were arrested by the FBI. They were crimes. States of America. planning to travel to Afghanistan to Another individual being held at The ACTING PRESIDENT pro tem- attend terrorist training and commit Guantanamo Bay, Mohammad Nabi, is pore. Who yields time? violent jihad. They will do time in a tied to a 2002 attack that killed two The Senator from California. Federal prison here. Rezwanul Ahsan Americans and maintains loyalty to al- Mrs. FEINSTEIN. Mr. President, I Nafis plotted to bomb the New York Qaida. oppose this amendment, and I ask Federal Reserve Bank on October 20, Let’s be clear. There is a 28-percent Members to vote against it. The distin- 2012. He will do time in a Federal pris- recidivism rate of those we have re- guished Senator from New Hampshire on here. Adel Daoud plotted to bomb a leased from Guantanamo Bay back to just said that any transfer of Guanta- downtown Chicago bar in September foreign nationals who have gotten back namo detainees out of that facility es- 2012, and he will do time in a Federal into the battle against our country. sentially endangers Americans. But prison here. These are individuals who have not reconsider how effectively we hold ter- Our Federal prisons hold terrorists nounced the war on terror. The recidi- rorists in the United States today. already and they will continue to hold vism record speaks for itself. They We have 180 terrorists in Federal them. So to remove any kind of flexi- have gotten into the battle. They still prisons in the United States of Amer- bility on Guantanamo and to say that want to be involved in terrorist activi- ica who are in maximum security, and you cannot move a detainee out of the ties. They still want to be a member of they cannot escape. We have supermax facility and into a Federal prison in al-Qaida or other terrorist groups and prisons. We have prisons where for 23 the United States is a mistake. I very commit acts against our country and hours a day individuals are in a cell strongly believe perpetuating Guanta- our allies. that is all concrete with just a small namo forever is a mistake. So I ask my Again, Mohammed Nabi is tied to the viewing place. colleagues to vote no on this amend- 2002 attack that killed two Americans. What this amendment would do is ment. He maintains loyalty to al-Qaida. Yet prevent any flexibility forever in how I yield the floor. some of my colleagues, if you think the U.S. government can handle those The ACTING PRESIDENT pro tem- about it, would insist in other amend- held in Guantanamo Bay. For example, pore. The Senator from New Hamp- ments we are dealing with today that the Guantanamo detainees could not be shire. he be treated as a common criminal. moved to a supermax prison in the Ms. AYOTTE. Mr. President, I ask One of the concerns I have is that if United States. I don’t think preventing unanimous consent to have 2 minutes we close Guantanamo and we transfer options is the right thing to do. No one to respond, and then I will defer to my all of those individuals to the U.S. in all these years has escaped from a colleague from South Carolina. courts, will they then claim all of the supermax prison in the United States Mr. LEVIN. Reserving the right to rights here in the United States? And of America. So clearly, the detainees object, how much time is left on each God forbid any of them had to be re- could be held safely and securely. side? leased here as a result of challenges Additionally, I believe this amend- The ACTING PRESIDENT pro tem- they would bring. ment could bring on a veto by the pore. Time in opposition is 51⁄2 minutes.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.096 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7180 CONGRESSIONAL RECORD — SENATE November 29, 2012 The proponents of the amendment have The people in that prison who attacked highly unwise and is not a particularly no time remaining. us on 9/11 want to destroy our way of strong step in the war against ter- Ms. AYOTTE. I don’t have any time life. They do not want to steal your rorism. remaining. OK. car. They don’t want to break into This amendment is undesirable. It Mr. LEVIN. Would the Senator from your house. would create a permanent restriction California agree that there be 5 min- We have a military prison being well on the administration’s options—not, utes added to each side? run, so I think the American people are by the way, just this administration’s Mrs. FEINSTEIN. I do not need addi- telling everybody in this body: Have options, any administration’s options tional time. I would be willing to add you lost your minds? We are at war; in conducting the fight against ter- an additional 2 minutes. act like we are at war. rorism. It prevents the administra- Ms. AYOTTE. Then I defer. I yield. tion’s ability to bring any detainee Mr. LEVIN. That is fine. I think The ACTING PRESIDENT pro tem- from Guantanamo for any purpose, in- there is no objection. pore. The Senator from California. cluding their prosecution in court. I Mr. GRAHAM. We thought there was Mrs. FEINSTEIN. Mr. President, I think it is unwise and not a strong step 20 minutes on each side. Apparently, it have heard a lot of hyperbole tonight. at all in the war on terror to deprive is close enough. Just a few minutes? Of course we are at war. Part of the the President of the tools he might But I want Senator AYOTTE to wrap glory of this country is the values we need to carry out the protection of this this up. hold dear. We have a Federal court sys- country from the threat of terrorism. Mr. LEVIN. I ask unanimous consent tem that has worked. We have 373 peo- This amendment would permanently that 6 additional minutes be added to ple connected to terrorism serving cut off the possibility of prosecuting the proponents of this amendment and, time in the Federal prisons of the these Guantanamo detainees in Federal if needed, that 6 additional minutes be United States of America. They are court. I hope we do not do that. I hope added to the other side. under an entity called the Bureau of we defeat the amendment of my friend The ACTING PRESIDENT pro tem- Prisons that sees that the facilities are from New Hampshire, Senator AYOTTE. pore. Without objection, it is so or- run the way they should be. Most are Finally, this is what we call veto dered. in isolated areas, such as the one in bait. The administration continues to Ms. AYOTTE. Mr. President, I would Florence in Colorado. It is far from the strongly oppose these provisions which like to respond briefly. city—I think some 30 miles—and is a intrude upon the executive branch’s I have great respect for the Senator maximum security prison in part. ability to carry out its military, na- from California. The distinction here The GAO report just released yester- tional security, and foreign relations in the cases she has been citing—the day showed that the Federal prison activities and to determine when and disposition of them—I think is a very system can hold Guantanamo detainees where to prosecute Guantanamo de- important distinction. Certainly we safely and securely. To keep Guanta- tainees. have good Federal court systems. They namo open forever, to say that there is So it is unwise in terms of our na- are designed, though, for criminals and no flexibility as to what you can do tional security; it is unwise in terms of for crimes. Guantanamo Bay is a se- with the detainees in terms of transfer- the rigidity it imposes on the executive cure facility on which we have spent ring them into the United States, into branch as to where to prosecute terror- substantial resources to make a top- Federal custody, I think is wrong. ists, alleged terrorists, and it also jeop- grade facility. I visited there. That is I have seen and watched on the Judi- ardizes the signing of this bill as soon for terrorists when there is an act of ciary Committee and the Intelligence as we can get this bill to a conference war against our country, and those in- Committee real problems with military and get a conference report back to dividuals who are being held there have commissions. I think Senator GRAHAM both bodies. So I hope we defeat the committed acts that warrant them understands that and has seen it as Ayotte amendment. being held in military detention be- well. I do not believe the rate of con- If we have any time left, I yield it cause of the terrorist acts I have out- victions in Military Commissions any back. lined and the individuals involved. way equals the rate of convictions in Mr. President, what is the pending There is a big distinction, and the Federal courts and think about how business? The ACTING PRESIDENT pro tem- American people do not want those in- much time it has taken to get the Mili- pore. The Ayotte amendment is pend- dividuals brought here to the United tary Commission trials going compared ing. States of America. to federal courts. With that, I yield the remainder of Mr. LEVIN. Has all time been used? I really think this is very much a The ACTING PRESIDENT pro tem- my time to the Senator from South kind of political movement, that Guan- pore. All time has expired. Carolina. tanamo, isolated from everything, run Mr. LEVIN. So under the existing The ACTING PRESIDENT pro tem- by the military, has to keep people for UC, we are now moving to the Fein- pore. The Senator from South Caro- the rest of their lives. Maybe that is stein amendment, and that is now the lina. what some people think. But a ter- pending business? Mr. GRAHAM. Mr. President, long rorist act is also a criminal act. It is a The ACTING PRESIDENT pro tem- story short, the American people be- heinous criminal act, but one which pore. It has not been called up yet by lieve that the military prison in Guan- our federal criminal courts can provide the Senator from California. tanamo Bay, Cuba, isolated from the justice. Not just Guantanamo. So I Mr. LEVIN. I understand. Let me American population, that is being really urge a ‘‘no’’ vote on this. Hope- then ask unanimous consent that Sen- well run by our military and monitored fully, if it passes, it can be removed in ator INHOFE, on behalf of Senator by all kinds of organizations, is a satis- conference. COONS and himself, offer a cleared factory answer to the problem of ter- I yield the floor. amendment at this point. rorism. Simply stated, the American The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- people do not want to close Guanta- pore. The Senator from Michigan. pore. Without objection, it is so or- namo Bay, which is an isolated, mili- Mr. LEVIN. How much time remains dered. tary-controlled facility, to bring these for the opponents? AMENDMENT NO. 3201 crazy bastards who want to kill us all The ACTING PRESIDENT pro tem- Mr. INHOFE. Mr. President, I ask to the United States. Most Americans pore. Three minutes. unanimous consent to set aside the believe that the people at Guantanamo Mr. LEVIN. Mr. President, I very pending amendment for the consider- Bay are not some kind of burglar or much oppose this amendment. We have ation of amendment No. 3201. bank robber. They are bent on our de- a court system in this country which is The ACTING PRESIDENT pro tem- struction. I stand with the American second to none. To deny this adminis- pore. Without objection, it is so or- people, that we are under siege, we are tration or any administration the op- dered. under attack, and we are at war. portunity, should they choose to exer- The clerk will report. Some of my colleagues in this body cise their discretion, to charge terror- The assistant legislative clerk read have forgotten what 9/11 is all about. ists as criminals seems to me to be as follows:

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.106 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7181 The Senator from Oklahoma [Mr. INHOFE], So I commend Senators INHOFE and permanent resident of the United States ap- for Mr. COONS and himself, proposes an COONS, and I hope this amendment will prehended in the United States, unless an amendment numbered 3201. not only pass but will send a very im- Act of Congress expressly authorizes such de- Mr. INHOFE. I ask unanimous con- tention. portant statement as to where America ‘‘(2) Paragraph (1) applies to an authoriza- sent that the reading of the amend- stands on this subject. tion to use military force, a declaration of ment be dispensed with. The ACTING PRESIDENT pro tem- war, or any similar authority enacted before, The ACTING PRESIDENT pro tempore. Is there further debate on the on, or after the date of the enactment of the pore. Without objection, it is so or- amendment? National Defense Authorization Act For Fis- dered. If not, the question is on agreeing to cal Year 2013. The amendment is as follows: the amendment. ‘‘(3) Paragraph (1) shall not be construed to (Purpose: To express the sense of the Senate The amendment (No. 3201) was agreed authorize the detention of a citizen of the on ongoing efforts to apprehend or remove to. United States, a lawful permanent resident Joseph Kony and his top commanders from of the United States, or any other person Mr. LEVIN. Mr. President, I move to who is apprehended in the United States.’’. the battlefield and end atrocities perpet- reconsider the vote. Mrs. FEINSTEIN. I note that Senator uated by his Lord’s Resistance Army) Mr. INHOFE. I move to lay that mo- LEE is on the floor, and I know he At the end of subtitle D of title XII, add tion on the table. wants to speak as he is a cosponsor of the following: The motion to lay on the table was this amendment. So I will yield to him, SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY agreed to. FROM POWER AND END ATROCITIES Mr. INHOFE. Mr. President, I think and then when he finishes I will speak. COMMITTED BY THE LORD’S RESIST- The ACTING PRESIDENT pro tem- ANCE ARMY. we may have someone—we want to pore. The Senator from Utah. Consistent with the Lord’s Resistance yield 5 minutes to the Senator from Mr. LEE. Mr. President, I appreciate Army Disarmament and Northern Uganda Utah. the opportunity to speak regarding Recovery Act of 2009 (Public Law 111–172), it The ACTING PRESIDENT pro tem- amendment No. 3018, the Feinstein-Lee is the sense of the Senate that— pore. Without objection, it is so or- amendment. (1) the ongoing United States advise and dered. assist operation to support the regional gov- It has come to my attention that The Senator from Michigan. ernments in Africa in their ongoing efforts some opponents of the Feinstein-Lee Mr. LEVIN. The pending business is to apprehend or remove Joseph Kony and his amendment have made an argument still the Ayotte amendment. I am just top commanders from the battlefield and end that habeas corpus is sufficient to pro- wondering if the Senator from Utah atrocities perpetuated by his Lord’s Resist- tect the rights of Americans appre- ance Army should continue; might indicate what it is that he will hended on American soil and detained (2) using amounts authorized to be appro- speak on. by the United States Government. This priated by section 301 and specified in the Mr. LEE. I wish to speak for 5 min- is nothing more than another way of funding table in section 4301 for Operation utes regarding the Feinstein-Lee and Maintenance, Defense-wide for ‘‘Addi- suggesting that the government should amendment. tional ISR Support to Operation Observant be able to detain some Americans in- Mr. LEVIN. I wonder if we could get Compass’’, the Secretary of Defense should definitely without charge or trial. I to the Feinstein amendment. I am sure provide increased intelligence, surveillance, disagree and believe that our constitu- Senator FEINSTEIN will be happy to and reconnaissance assets to support the on- tional traditions demand more than going efforts of United States Special Oper- yield time to the Senator from Utah. this—significantly more. ations Forces to advise and assist regional The ACTING PRESIDENT pro tem- The fifth amendment of our Constitu- partners as they conduct operations against pore. The Senator from California. the Lord’s Resistance Army in Central Afri- tion provides that ‘‘No person . . . shall AMENDMENT NO. 3018 ca; be . . . deprived of life, liberty, or prop- (3) United States and regional African Mrs. FEINSTEIN. I ask unanimous erty without due process of law.’’ forces should increase their operational co- consent to call up amendment No. 3018. As Supreme Court Justice Antonin ordination; and The ACTING PRESIDENT pro tem- Scalia has written: (4) the regional governments should recom- pore. The clerk will report. The gist of the Due Process Clause, as un- mit themselves to the operations sanctioned The assistant legislative clerk read derstood at the founding and since, was to by the African Union Peace and Security as follows: force the government to follow . . . common- Council resolution. The Senator from California [Mrs. FEIN- law procedures traditionally deemed nec- Mr. INHOFE. Mr. President, this STEIN], for herself, Mr. LEE, Mr. COONS, Ms. essary before depriving a person of life, lib- amendment has been cleared on both COLLINS, Mr. PAUL, Mr. LAUTENBERG, Mrs. erty, or property. sides. This is the one that originally we GILLIBRAND, and Mr. KIRK, proposes an This right of American persons to had several years ago concerning the amendment numbered 3018. due process of law is foundational to Lord’s Resistance Army in Africa and Mrs. FEINSTEIN. I ask unanimous the very idea of individual liberty from the showing that we have a policy in consent that the reading of the amend- unwarranted government intrusion. this country to bring this man down, ment be dispensed with. I have worked with Senator FEIN- the man called Joseph Kony. And we The ACTING PRESIDENT pro tem- STEIN and other colleagues on both want to renew this so that we will have pore. Without objection, it is so or- sides of the aisle to craft an amend- this pending again. It doesn’t change dered. ment originally entitled the Due Proc- anything that is going on at the The amendment is as follows: ess Guarantee Act to ensure that this present time except it keeps our policy (Purpose: To clarify that an authorization to basic constitutional right is indeed in effect; that we are after the Lord’s use military force, a declaration of war, or protected. I believe even with the seri- Resistance Army, and we will do what any similar authority shall not authorize ous national security threats we now we have been doing in the past until it the detention without charge or trial of a face, America must hold fast to our is completed. citizen or lawful permanent resident of the most fundamental constitutional United States) So I ask my colleagues to adopt this rights and liberties. amendment. At the end of subtitle D of title X, add the The U.S. Government should not be following: The ACTING PRESIDENT pro tem- authorized to detain Americans indefi- SEC. 1032. PROHIBITION ON THE INDEFINITE DE- pore. Is there further debate? TENTION OF CITIZENS AND LAWFUL nitely without charge and without The Senator from Michigan. PERMANENT RESIDENTS. trial. As Justice Scalia explained, the Mr. LEVIN. Let me, first of all, com- Section 4001 of title 18, United States Code, proposition that the Executive lacks mend Senators INHOFE and COONS. This is amended— indefinite wartime detention authority is a very important amendment, and (1) by redesignating subsection (b) as sub- over citizens is consistent with the the determination to go after Kony and section (c); and Founders’ general mistrust of military the Lord’s Resistance Army is essen- (2) by inserting after subsection (a) the fol- power permanently at the Executive’s lowing: tial not just in terms of the values that ‘‘(b)(1) An authorization to use military disposal. we so dearly believe in, but also in force, a declaration of war, or any similar I believe it is clear that the Founders terms of avoiding further slaughter authority shall not authorize the detention of our Constitution were acutely aware that has been perpetrated by Kony. without charge or trial of a citizen or lawful of this critical tradeoff—the tradeoff

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.108 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7182 CONGRESSIONAL RECORD — SENATE November 29, 2012 we still face today—between safety on It was shocking. Then it took until arresting, and convicting terrorists the one hand and freedom on the other. 1971 for a bill to be passed and then found on U.S. soil. On this very point, Alexander Ham- signed by President Nixon reversing I have a document that was prepared ilton was prescient. He wrote: the policy. That bill was called the by the Intelligence Committee staff Safety from external danger is the most Non-Detention Act of 1971, and it re- lists 98 terrorists who have been ar- powerful director of national conduct. Even pealed a 1950 statute that explicitly al- rested and are on their way to convic- the ardent love of liberty will, after a time, lowed detention of U.S. citizens. That tion and will do time, many of them give way to its dictates. The violent destruc- 1971 bill said—and I quote: life sentences, in Federal prisons, and tion of life and property incident to war; the these are just those arrested in the last continual effort and alarm attendant on a No citizen shall be imprisoned or otherwise state of continual danger, will compel na- detained by the United States except pursu- 3 or 4 years. tions the most attached to liberty, to resort ant to an act of Congress. Since January of 2009, there are 98 for repose and security to institutions which Since then and after 9/11, various who have been successfully arrested. I have a tendency to destroy their civil and cases were litigated and went as far up think it is important to understand their political rights. To be more safe they, as the Supreme Court. One of them in that suspected terrorists who may be at length, become willing to run the risk of 2004 was Hamdi v. Rumsfeld, and it ad- in the United States illegally can be being less free. dressed a very narrow issue involving a detained within the criminal justice Our Nation’s Founders warned us citizen captured on the battlefield of system under four options that exist about the great danger of sacrificing Afghanistan. Then a second case, today. They can be charged with a Fed- our most basic liberties in the pursuit Padilla v. Rumsfeld, in the Second Cir- eral or State crime and held. They can of security—security at all costs. They cuit Court of Appeals involved an be held for violating immigration laws. provided us with a Constitution framed American citizen captured in the U.S. They can be held as material witnesses to prevent precisely such a tragic out- So the question is whether the Non- as part of a Federal grand jury pro- come. Detention Act of 1971 prevents U.S. ceedings. They can be held under sec- I urge my colleagues to vote in favor tion 412 of the PATRIOT Act for up to of the Feinstein-Lee amendment and citizens captured in the U.S. like Padilla from being detained or whether 12 months. against the mistaken idea that the This amendment is not about wheth- government may detain American per- the AUMF passed after 9/11 authorizes such law of war detention in the U.S. er citizens such as Hamdi and Padilla— sons indefinitely without charge and or others who would do us harm— without trial. What we are trying to do with this simple amendment is what is called a should be captured, interrogated, in- Thank you, Mr. President. I yield carcerated, and severely punished. back the remainder of my time to Sen- clear statement rule, to say once and for all: They should be and they are. ator FEINSTEIN. It is about the innocent American, The ACTING PRESIDENT pro tem- An authorization to use military force, a declaration of war, or any similar authority again in the wrong place, at the wrong pore. The Senator from California. time, who gets picked up, like these in- Mrs. FEINSTEIN. Mr. President, the shall not authorize the detention without nocent Japanese Americans shown in amendment before us is cosponsored by charge or trial of a citizen or lawful perma- this picture who just happened to live the distinguished Senator who just nent resident of the United States apprehended in the United States unless an Act of in a certain part of the United States, spoke, Senator LEE, as well as Senators Congress expressly authorizes such deten- in my hometown, San Francisco. But COONS, COLLINS, PAUL, LAUTENBERG, tion. this was what happened. People were GILLIBRAND, KIRK, TESTER, JOHNSON, I know this is a sensitive subject, but picked up and held for the duration of SANDERS, WHITEHOUSE, HELLER, BAU- I believe we stand on the values of our the war—just because of their race. CUS, DEMINT, WEBB, KLOBUCHAR, BINGA- country, and one of the values of our Finally, I want to quote Justice San- MAN, ROCKEFELLER, BEGICH, and BOXER. country is justice for all. And we have dra Day O’Connor, who wrote for the An amendment similar to this received plurality in the Hamdi decision in 2004: 45 votes in the last session. a Constitution that has 7 articles and I wish to spend a moment on the gen- 27 amendments that give us funda- As critical as the Government’s interest esis of this amendment because, for mental protections. may be in detaining those who actually pose This amendment, which builds on the an immediate threat to the national security me, it goes back to April 1942, the day of the United States during ongoing inter- a Western Defense Command and continuing application of the principles behind the Non-Detention Act of national conflict, history and common sense Fourth Army Wartime Civil Control teach us that an unchecked system of deten- order went out in San Francisco with 1971, would provide very clearly that no tion carries the potential to become a means instructions to all persons of Japanese military authorization allows the infor oppression and abuse of others who do ancestry, that: All Japanese persons, definite detention of U.S. citizens or not present that sort of threat. both alien and nonalien, will be evacu- green card holders who are appre- So it is my hope we can clarify U.S. ated from the above designated areas hended inside the United States. Some law to state unequivocally that the by 12 o’clock noon on Tuesday, April 7, may ask why just include citizens and government cannot indefinitely detain 1942. No Japanese person will be per- green card holders. Let me be clear, if American citizens or legal residents mitted to enter or leave the above de- I could further and add ‘‘all persons’’ captured inside this country without scribed area after 8 a.m. Thursday. and get as many votes, I would. I do trial or charge. That was in the city of San Fran- not think it would, and we have looked We live with the stain of how we cisco. into how to do this for a year now. So treated some of our own people during What was created was an internment we have limited it to what we believed World War II. It should not be re- camp near the city which became a could get the maximum number of peated. staging area for the placement of Japa- votes in this body. I thank the Acting President pro nese Americans in detention camps Here is the point of this amendment: tempore, and I would like to yield to without charge or trial for the remain- What if something happens and you are the distinguished Senator PAUL, if I der of World War II. of the wrong race in the wrong place at may. This was Tanforan Racetrack, di- the wrong time, and you are picked up The ACTING PRESIDENT pro tem- rectly south of San Francisco. One and held without trial or charge in de- pore. The Senator from Kentucky. Sunday afternoon—I was a small child tention ad infinitum? We want to clar- Mr. PAUL. Mr. President, I rise in 1942—my father took me down to ify so this cannot happen; so that the today in support of the Feinstein-Lee show it to me. This is what I saw. We law does not permit an American cit- amendment to prevent the indefinite see stalls made into bunk houses. We izen or a legal permanent resident to detention of American citizens without see the center of the field made into be picked up and held without end, a trial by jury. In the year 1215, the barracks. We see the little places without charge or trial. English barons gathered on the plain at where individuals were kept. We see I want to say that the FBI and other Runnymede. They gathered to protest Japanese-American citizens who did law enforcement agencies have proven against King John. They gathered for nothing wrong who were being interned time and time again that they are up their rights as free men. And they for years during World War II. to the challenge of detecting, stopping, gathered for the right to trial by jury.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.110 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7183 We have had it enshrined in both Why should you be wary? The gov- this to happen, President Obama is English law and American law for 800 ernment has descriptions of who might going to put you in jail because of po- years. It seems a shame to scrap it be a terrorist. If you have 7 days’ of litical dissent. now. food in your basement, you might be a There are people on my side who are People say: But these terrorists are terrorist. If you have weatherized am- afraid of law of war detention being in horrible people. Yes, they are horrible munition, you might be a terrorist. Barack Obama’s hands because they people. But every day and every night This is what your government de- think,—they hate him so much they in our country horrible people are ac- scribes as things you should report. think he is going to use a provision to cused of crimes, and they are taken to Know your neighbor to report your protect us against an al-Qaida attack court. They have an attorney on their neighbor. If you have weatherized am- to put them in jail because they dis- side. They are given a trial. People we munition, multiple guns, food in your agree with his agenda. despise, people who murder and rape, basement, if you like to pay by cash— It gets worse. I want you to know are given trials by juries. We can try if these are the characteristics for this. There has been a statement in our and we can prosecute terrorists. which you might be accused of ter- conference that habeas corpus review People say: But they are terrorists. rorism, would you not, at the very by an independent judiciary where the Well, the thing is, you are an American least, still want to retain your right as intelligence community, the military, would have to prove in court by a pre- citizen and you are accused of ter- an American citizen to a right to a ponderance of the evidence that the rorism. Who is going to determine who trial by a jury of your peers? person in question has, in fact, engaged is a terrorist and who is not a ter- I ask that we step up today and sup- in hostilities against the United States rorist? They do not walk around with a port an ancient tradition. And I worry by helping the Taliban or al-Qaida— badge. They do not walk around with a about a country that would let a tradi- that is the requirement of the govern- card that says: I am from al-Qaida. tion like the right to trial by jury go ment—they have to prove that to the They will be accused of a crime, and so easily. judge, that is not really a check on there will be facts. Someone must Thank you, Mr. President. government power because the judge judge the facts. That is what a jury The ACTING PRESIDENT pro tempore. The Senator from South Caro- could be an Obama appointee. does. As much as I disagree with President To give up on this because we are lina. Mr. GRAHAM. Mr. President, I ap- Obama, as much as I think he has been afraid of terrorists is to give in to the a divisive President, in many ways has terrorists. If we give up our rights, if preciate the opportunity. This is a good debate. It is a fascinating discus- failed to lead, I want to disassociate we relinquish our rights, haven’t the myself from the concept that you can- terrorists then won? sion. I guess the way I look at this issue—and we will talk with Senator not give this Commander in Chief the Jefferson said the right to trial by powers that Commanders in Chief have LEVIN in a bit—I have been a military jury was the ‘‘anchor,’’ it was the an- enjoyed in other wars because we hate lawyer for about 30 years, and the first chor by which we protect ‘‘the prin- him so much. thing you do in JAG school is have a ciples of the Constitution.’’ To my friends who get on the Inter- Senator La Follette, a Senator from discussion about the difference between net and talk radio and stoke this para- Wisconsin, said if we give up these the law of war and criminal law. Every noia, we are afraid enough for good rea- rights, if we are unable to protect these military lawyer is taught from the son. This is a dangerous world. We are rights, that ultimately the Bill of very beginning of their career that law about to walk off the fiscal cliff. We Rights loses its value. of war detention is designed to neu- have people out there trying to under- He said: tralize the enemy and to gather intel- mine our way of life. There is a lot to Let no man think that we can deny civil ligence about the enemy. be afraid of: Al-Qaida coming back to liberty to others and retain it for ourselves. There is a reason that when we cap- our shores, recruiting American citi- When zealot agents of the governments ar- ture somebody in a war we do not give zens to help their endeavors. I hate to rest suspected radicals without warrant, them a trial by jury, and we do not say it, in every war we have ever been hold them without prompt trial, deny them give them a lawyer. We have 3,000 peo- in, there have been occasions when access to counsel and admission of bail . . . ple in American military custody in Americans joined the enemy. we have shorn the Bill of Rights of its sanc- Afghanistan who were captured on the tity. . . . In World War II that happened. You battlefield, and they are held under the had German saboteurs land on Long Is- I would ask today of my colleagues law of war because we do not want to land, aided and abetted by American that we have a chance to replace fear let them go back to killing us. And citizens sympathetic to the Nazis. All with confidence—confidence that no they are not given a lawyer because we of those American citizens in In Re: terrorist will ever conquer us if we re- are not trying to solve a crime; we are Quirin were held in military custody main steadfast to our principles—the trying to win a war. and tried by the military because we principles of our Founders. We have Here is the question to my good have long understood that when you nothing to fear except our own unwill- friend from California: I do not want join the enemy, that is not a crime but ingness to protect our rights. If we re- anyone to believe that under the law of an act of war. linquish our right to trial by jury, we war construct we have created over the We have very bad people who get a will have given up so much. Do not let last 7 or 8 years that you can be put in right to a jury trial. I will be the first those who would instill fear let you jail because you look like a Muslim, one to say that when you go to court, give up the most basic of rights—a that you sound like a Muslim, that you no matter if you are the worst terrorist right that prevents the oppression of have got a name Mohammad. What in the world, you will get a jury trial, government and the evolution or devo- happened to Japanese-American citi- you will get a lawyer, and you will lution into despotism. zens is they were put in military cus- have your due process rights. But the So I hope my colleagues will today tody because we were all afraid and difference I am trying to inform the vote to uphold an 800-year-old tradi- they looked like the enemy. That was body of when you are fighting a war is tion, a tradition that is enshrined in not a high point in America. the goal is not to prosecute people, the the body of our Constitution, a tradi- What are we talking about here? We goal is to win. And how do you win a tion that is enshrined in our Bill of are talking about detaining people war? You kill them; you capture them; Rights, and a tradition that is in every under the law of war who are suspected you interrogate them to find out what constitution of all 50 States. Are we to of joining al-Qaida or the Taliban and they are up to next. So I am here to give that up because we are fearful? We engaging in a belligerent act against say to my colleagues that the al-Qaida- can and have convicted terrorists. We the United States. I want to make the Taliban efforts to do harm to our Na- are not talking about terrorists from record clear that some of my col- tion are alive and growing. The nar- overseas. We are not talking about a leagues on the Republican side have rative that al-Qaida has been deci- battlefield somewhere else. We are been trying to deny law of war deten- mated is a false narrative. What hap- talking about American citizens action to the Obama administration, and pened in Libya, unfortunately, is going cused in our country. they have openly said this: If you allow to happen again.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.112 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7184 CONGRESSIONAL RECORD — SENATE November 29, 2012 I know my good friend from Cali- a crime, you have engaged in an act of frankly. I do not know about both fornia, who is the chairman of the In- war against the rest of us and we have sides, because this is a multifaceted de- telligence Committee, knows there are a right to win this war. We have a right bate that we are going to have here to- active efforts in our own backyard— to hold you under the law of armed night on this issue. and JOE LIEBERMAN can tell you, too— conflict as we have held others in the I would yield myself 10 minutes. I to recruit American citizens to attack past, to find out why you joined, what would ask to be notified when I get to us—not to commit a crime, to join the you know, and what they are up to 10 minutes. enemy. next. There is no American citizen in The Feinstein amendment provides All I am suggesting is that Barack law of war custody. This President has that no authorization for the use of Obama and every Commander in Chief not rounded up one person and put military force may be construed to au- in the future needs to have the tools them in jail using the statute that ex- thorize the detention of U.S. citizens or available to protect us against an ists today because they disagreed with lawful resident aliens who are captured enemy. And the basic question is: Is him. I do not believe he will. All I am inside the United States, unless—and fighting al-Qaida fighting a crime or asking is that we have options avail- this is a big ‘‘unless’’—an act of Con- fighting a war? I believe with all of my able in this war that have existed in gress expressly authorizes such deten- heart and soul that they do not want every war America has fought. Because tion. our property, they do not want our here is my bottom-line belief, that as As I read the amendment, it says the cars, they do not want our bank ac- much as the Nazis represented a threat military detention of U.S. citizens may counts, they want to destroy us. They to humanity, al-Qaida represents an be authorized in accordance with the hate what we stand for. Just as in equal threat to humanity. And nobody law of war as long as this action is ex- World War II, when you decided to help in World War II would have entertained pressly authorized by Congress. Fur- the Nazis, you were held in military the idea that if you sided with the ther, the amendment’s requirement for custody because you did something Nazis and you helped the saboteurs express authorization applies only to other than commit a crime. blow up parts of America, you should the detention of U.S. citizens who are The goal here is if you capture an be considered anything other than an captured inside the United States. So American citizen who has sided with enemy who has joined the other side. no such authorization would be re- the enemy that we preserve the ability So unlike criminal law, where you quired for the detention of a U.S. cit- of our military intelligence community are trying to find justice for victims, izen in the course of military oper- to find out what they know about fu- this is about winning a war and ations overseas. I believe it is appro- ture attacks and present attacks. The marginalizing the enemy. And when priate that Congress focus on the issue goal of a criminal prosecution is to find the enemy is able to turn one of our of military detention at the time they justice under a criminal statute. The own, the last thing in the world we authorize the use of military force, as goal in time of war is to win. should do is deny ourselves the ability would be required by the Feinstein I do not believe in torturing people to to interrogate that person in a way to amendment. get good information, but I do believe help us win the war and keep us safe. As the Supreme Court has stated: De- in interrogating them for military pur- That has been the law forever when it tention is a fundamental and accepted poses if they have sided with the comes to war. That is the law today, incident to armed conflict. Without enemy. that will be the law tomorrow. such authority, our Armed Forces This is a great debate. But the one I look forward to talking to Senator could be put in the untenable position thing I do not want to associate myself LEVIN, who has been a 100-percent voice of being able to shoot to kill but not to with is as much as I may disagree with of reason, to talk about authorization capture and detain enemy forces. this President’s agenda, there are peo- to use force and the ability to detain. As to the ongoing conflict, I believe ple on my side of the aisle who are stir- I will end with this thought: If you the 2001 authorization for the use of ring up their fellow Americans, making deny the ability to gather intelligence military force authorized the detention them afraid that Barack Obama could and detain, you do not want to put our of U.S. citizens when appropriate in ac- use legitimate powers in a time of war troops in a position where they have to cordance with the laws of war. to gather intelligence against people kill everybody they find. We want to I base this view on the fact that the who sided with the enemy to come capture the enemy when we can. Be- Supreme Court has said so. after them because they look different cause when you capture the enemy, not In the Hamdi case, the Supreme or they may have a different political only do you hurt the enemy, you find Court considered the relationship be- belief. I want to disassociate myself out a lot about what they are up to. tween the AUMF and the nondetention with those on my side of the aisle who Here is the question: If an American act which prohibits the detention of a say that habeas corpus, an independent citizen is engaging in helping al-Qaida U.S. citizen except where authorized by judiciary, is not an adequate check be- and the Taliban in a terrorist activity an act of Congress. The Supreme Court cause Barack Obama may have ap- on our shores, are they the enemy? held in Hamdi that this statute does pointed the judge. That undermines Yes, they are. We need to know about not preclude the detention of U.S. citi- our judiciary. That creates paranoia. why they did what they did and what zens on the battlefield in Afghanistan That creates a fundamental distrust of they are going to do next. because the 2000 authorization for the what I think is something we should be With that, I will yield. use of military force, quoting the Su- all proud of: America. Mrs. FEINSTEIN. Mr. President, how preme Court, ‘‘is explicit congressional This war will last probably longer much time remains on our side? authorization for the detention of indi- than most of us. It is an ideological The ACTING PRESIDENT pro tem- viduals’’ in such circumstances. The struggle. There is no capital to con- pore. There is 9 minutes 15 seconds. Court explained that such detention is quer, like Berlin and Japan. There is Mr. LEVIN. How much time is there so fundamental and accepted as an inno air force to shoot down. There is no left on our side? cident to war as to be an exercise of navy to sink. It is about an ideology The ACTING PRESIDENT pro tem- the ‘‘necessary and appropriate force’’ that must be contained and fought, an pore. There is 17 minutes 24 seconds. that Congress authorized the President ideology, unfortunately, that will be Mrs. FEINSTEIN. I will wait until to use in the AUMF. In other words, attractive to some Americans as it was the very end and give the distinguished the Supreme Court has already con- in other wars. chairman the opportunity. cluded that the authorization to use Unfortunately, as I speak today, the The ACTING PRESIDENT pro tem- necessary and appropriate force is an enemy is trying to come back to our pore. The Senator from Michigan. explicit authorization to detain enemy shores and use some American citizens Mr. LEVIN. Mr. President, it would combatants in accordance with the law to further their cause. To an American be my intent, if we need additional of war, and that meets the test of the citizen: Do not join al-Qaida or the time, unless there is something else Feinstein amendment. Taliban. Do not turn on your country. that is needed at about 9:30 or so when Any other conclusion would lead to Do not side with their view of human- this time runs out, to seek additional absurd results, under which we would ity. If you do, you have not committed time for both—for anyone who needs it, tie the hands of our Armed Forces even

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.113 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7185 in the face of an actual invasion. For attack us militarily here in the United congressional authorization for such example, if a group of terrorists were States when they bring the war here to detention. to approach one of our Navy bases in the United States and attack us here. I too believe, as Senator LEVIN has boats loaded with bombs, our sailors If they attack a Navy base and are cap- said, under that authorization, the protecting those ships at that base tured by sailors defending their ships, Hamdi decision would be interpreted would be in the untenable position of the same logic that Hamdi applied to similarly if an individual who was a being able to shoot to kill, but not to an attack in Afghanistan against our covered individual—a member who was capture the enemy forces if Hamdi did forces applies here. That is the same covered by the authorization for mili- not reach the conclusion it did. reason they used in that case to find tary force but was nevertheless a Similarly, in the unthinkable event that there was an explicit authoriza- United States citizen—was caught here that we were to experience a 9/11-type tion for the detention of U.S. citizens committing an act of terrorism in this attack, our military would be in the in the Afghanistan circumstance; that country. Our Supreme Court has al- untenable position of having the au- it is an inherent fundamental function ready interpreted that in Hamdi in thority to shoot down the hijacked air- of war, that you be able to capture and such a way. I wanted to add my support craft but not to force them to land and detain people who are at war with you, for his interpretation of the current to capture the enemy hijacker. Of applies when that act of war is carried Feinstein language in that way. course, we could not expect our mili- out here in the United States, such as I wish also to say in response to the tary to inquire as to whether any of in the attack on a Navy base. arguments of some of my colleagues the enemy force were American citi- I request 1 additional minute. that if the argument that is being zens before deciding on the level of The ACTING PRESIDENT pro tem- made is this, that if you are an Amer- force to be applied. pore. Without objection, it is so or- ican citizen who is captured in this As the Supreme Court explained in dered. country committing an act of ter- its Hamdi decision, ‘‘the capture, de- Mr. LEVIN. The Feinstein amend- rorism against our country and col- tention, and trial of unlawful combat- ment provides an appropriate signal to laborating with al-Qaida, committing ants, by ’universal agreement and prac- Congress that in an authorizing con- belligerent acts in this country, then tice,’ are ’important incidents of war’’’ text they should be aware of detention you should be held under the law of and a ‘‘fundamental and accepted inci- authority issues. Therefore, I intend to war. If you are not, then we will have dent to war.’’ vote for the Feinstein amendment. to give you Miranda rights. We will What the Supreme Court said in I yield the floor. have to tell you you have the right to Hamdi is explicit in the AUMF, in the The ACTING PRESIDENT pro tem- remain silent. authorization for use of military force, pore. The Senator from New Hamp- Let me remind you, in those situa- the core ‘‘law of war’’ authority for our shire. tions, can you imagine if an American military to capture and detain those Ms. AYOTTE. Mr. President, may I citizen had been one of the collabo- who join enemy forces at a time of war ask how much time remains on our rators of 9/11, would we want to tell a and plan or participate in attacks side and on the other side? member of someone who had com- against us. This core authority to use The ACTING PRESIDENT pro tem- mitted an act like 9/11 against us—an less than lethal force, rather than le- pore. There is 17 minutes remaining. act of war against this country—the thal force, in appropriate cir- Ms. AYOTTE. There is 17 minutes re- first thing you hear is you have the cumstances must be available to our maining in opposition? right to be silent? Our goal is we have military whenever and wherever it en- The ACTING PRESIDENT pro tem- to be there to gather intelligence to see gages with the enemy. pore. Yes. if there is another attack coming. Is it Again, Senator FEINSTEIN’s amend- Ms. AYOTTE. Mr. President, I rise to coming to the Pentagon, is it coming ment does not prohibit the military de- agree with my colleague Senator to the White House, is it coming to tention of U.S. citizens who are cap- LEVIN, the chairman of the Armed that second tower? Then we can pro- tured or apprehended inside the United Services Committee, in his interpreta- tect American lives. States because a U.S. citizen who joins tion of the Hamdi decision with regard That is the difference between war a foreign army and attacks the United to the review of the current amend- and common crime. That is an impor- States should be subject to detention ment pending before us. The Feinstein tant distinction that has been recog- as an enemy combatant if it does not amendment includes different language nized long before—with all respect to prohibit military detention and if it is than the amendment that was brought my colleague from Kentucky—in World expressly authorized by law. I read this forward and defeated in this body last War II in In Re: Quirin. Our U.S. Su- as a statute authorizing the use of year. The language says in 2(b)(1) that preme Court in World War II recog- military force itself or some other act an authorization to use military force, nized this authority, the difference be- of Congress. a declaration of war, or any similar au- tween the law of war. In that case an This is a major difference between or thority, shall not authorize the deten- American citizen who collaborated from the amendment Senator FEIN- tion without charge or trial of a citizen with the Nazis was held under the law STEIN offered last year, which included or lawful permanent resident of the of war because our country was at war. no exception for congressional author- United States, apprehended in the I would also wish to point out that ization. This new approach is appro- United States, unless an act of Con- this would only cover under the cur- priate because I believe that Congress gress expressly authorizes such deten- rent law authorized by this Congress. It ought to address the issue of detention tion. would not apply to someone who is of U.S. citizens when captured in the I do view, as does my colleague from holding ammunition or someone who is United States at the time that we au- Michigan, Senator LEVIN, the Hamdi paying with cash. It only applies to a thorize the use of force. decision that was decided before our person who has planned, authorized, The Supreme Court in Hamdi held U.S. Supreme Court as rendering an committed, or aided the terrorist at- that the existing authorization for use opinion that the current authorization tack that occurred on 9/11 or harbored of military force does address this issue for the use of military force that is in those responsible for the attacks, or a and does explicitly, in their words, au- effect for our country gives explicit person who has a part or substantially thorize detention of U.S. citizens in congressional authority for the deten- supported al-Qaida, the Taliban, or as- that situation which was on the battle- tion of individuals such as in the case sociated forces that are engaged in hos- field in Afghanistan, but that it explic- of Hamdi. He was an American citizen tilities against the United States or its itly, again in the words of the Hamdi engaged in the battle against our coun- coalition partner, including any person Court, authorized the detention of U.S. try and would fall underneath the au- who has committed a belligerent act or citizens in the case of an individual thorization for military force. In the directly supported such hostilities in who was captured in Afghanistan who Hamdi decision, the Court said that the aid of enemy forces against our coun- was attacking U.S. forces. AUMF, which has currently been ap- try. I believe the same reasoning applies proved by Congress, having the full That is very different than some of to persons who join foreign armies and force and effect of law, gives explicit the examples that were cited here. It is

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.097 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7186 CONGRESSIONAL RECORD — SENATE November 29, 2012 called being a member of al-Qaida, not part of the battlefield in the war on the ship. Does the Senator agree with being involved in September 11, being a terror. I would suggest that of all the me that our military can use force to member of the Taliban and committing places the enemy wants to hit us, they defend us here at home against al- belligerent acts against this country. want to hit us here at home the most. Qaida? That is terrorism. Their goal is to kill us here. They will Mr. LEVIN. That is correct. Let me point out what I think is the kill us in Libya, they will kill us in Af- Mr. GRAHAM. So if our military is most absurd distinction of all. This is ghanistan, they will attack our con- authorized to use force, they do not Anwar al-Awlaki. He is someone who is sulates, they will kill our soldiers, they have to call the FBI or the Virginia a U.S. citizen. He is someone who was will blow up our embassies, they will State Police to shoot. They can shoot an influential leader in al-Qaida in the hit us all over the world, but don’t be against an enemy themselves coming Arabian Peninsula. He advocated for misled—they want to hit us here. Re- at them in America. violent jihad. He was involved in a member 9/11? I do. I am sure you all do. Mr. LEVIN. Coming into America dozen terror investigations. He was al- You know what. The only reason we and attacking us on a Navy base or—— Mr. GRAHAM. Right. Because we are leged to be involved in killing Ameri- haven’t had another 9/11 is we have not fighting a crime. We don’t have to cans and collaborating to kill our al- been fighting these bastards over there, disarm our military and call the local lies. On September 30, 2011, it was re- where we have been getting good intel- cops and say: Would you please shoot ported that al-Awlaki was killed by the ligence. It took a couple of years before these people before they get here? No. CIA in a drone strike in Yemen. Yet it any of the people held at Guantanamo Our guys are going to shoot you. If you is being interpreted, as we have heard Bay told us what was going on, but we are an American citizen asked to get in by some of my colleagues represented found out about bin Laden—and not be- a boat and asked to attack a military here, if the Feinstein amendment were cause we tortured people but because ship or installation in the United interpreted the way they have inter- we put the intelligence puzzle together States, we are going to shoot you, and preted, if al-Awlaki made it to America over time by holding people under the if we wound you, we are going to cap- to commit these terrorist acts, he gets law of war and gathering good intel- ture you. And here is what we are his Miranda rights. He gets all his ligence. That is how we got bin Laden. going to do to you as an incident of rights here. But yet if he is in Yemen So bin Laden is dead, but the war is not using force. The Supreme Court has to do these acts, to try to kill Ameri- over. I wish it were. said that when you authorize the use of cans and our allies, then we can use a Now, the homeland. If there is a force, it makes no sense to give that drone attack to him. But if he makes it planned attack on a Navy vessel or a authorization if you don’t have the to America—which, by the way, the military installation, I think the point power to detain because the worst terrorists want to make it to America; Senator LEVIN was making is that we thing you can do to the American mili- 9/11 is Exhibit A of that—why do we have already authorized the use of tary is to make them kill everybody want to be in a position to read them force to protect the country against and capture no one or let the other their Miranda rights, tell them you the Taliban and al-Qaida; is that right? guys go. So kill-them-all is not good have the right to remain silent? Our Mr. LEVIN. That is my opinion, and policy, and it is a bad spot to put your priority there has to be protecting that is the fundamental core ruling in military in. And the option shouldn’t American lives. That is the distinction the Hamdi case. Now, we have to be ac- be to kill them all or let them all go; between the law of war and a common curate. Hamdi applied circumstances the option should be to kill where you criminal in this country. to citizens that were captured in Af- have to and, if you can, capture. Does By the way, there are protections ghanistan, but the reason they use led the Senator agree with that? under the law. It is the right of habeas them to conclude there was an ex- Mr. LEVIN. I do. corpus where you do have a right to plicit—explicit—authorization to de- Mr. GRAHAM. And our military can challenge your detention before the tain those citizens even though they fire the shots because of the use of Federal court through appeals with are American citizens. Their argument force to defend the homeland and to de- counsel. That is certainly a protection was that capture and detention was in- fend themselves here at home. And the that we have respected in this country herent, in their words—so funda- Supreme Court says that once you au- for a long time. mental—to capture and detain as such thorize the ability to use force, it just Mr. President, I yield the floor. is an accepted incident to war as to be follows, as night follows day, that de- The ACTING PRESIDENT pro tem- an exercise of the necessary and appro- tention is part of the ability to use pore. The Senator from South Caro- priate force which Congress authorized force because, ladies and gentlemen, if lina. the President to use. it is not, you have turned our military Mr. GRAHAM. Mr. President, I would So in my analogy, if a boatload full into murderers because you are not like to inform the body that I think of al-Qaida, including an American cit- supposed to shoot somebody and leave Senator LEVIN’s understanding and rea- izen, comes to a Navy base and attacks them wounded in the water, and you soning is incredibly sound. We have ac- that base and is captured by those sail- shouldn’t watch them swim away. You tually been talking about this for a ors, that is surely an incident of war, capture them and interrogate them couple of days. And in light of the and I believe the capture and detention under the law of war. Isn’t that what Hamdi decision and just plain old com- of those al-Qaida terrorists would be Hamdi is about and the point they are mon sense, I will support the Feinstein the exercise of necessary and appro- trying to make? amendment. priate force which we authorized the Mr. LEVIN. It is. As part of that I will be the first to say that if we President to use in the authorization point, it cites the Quirin case, which are attacked by the Iranians tomorrow for military force. says: or some other group, we have an au- Mr. GRAHAM. I want to build on Citizenship in the United States of an thorization to use force. Senator LEVIN that just to make sure we understand enemy belligerent does not relieve him from and I will be the first to say in that au- about a potential attack on a Navy the consequences of a belligerency which is thorization that it will provide that if base here at home. No one is sug- unlawful because in violation of the law of war. an American citizen joins the Iranians gesting the military could not use in a war against America, they can be force against an al-Qaida attack here And here are the key words: detained under the law of war. at home. The Hamdi case was an Amer- Citizens who associate themselves with the Now, you can vote however you like. military arm of an enemy government, and ican citizen captured in Afghanistan. I with its aid, guidance and direction enter I know how I will vote. But this has al- hope we are not trying to create a pic- this country bent on hostile acts, are enemy ready gone up to the Supreme Court. ture that somehow America is a place belligerents within the meaning of the Hague And if I can build on what Senator where our own military cannot fire a Convention. LEVIN said as to the logic of the Court shot in defense of their ships or our Mr. GRAHAM. I will read another and I think the logic of our position, country. quote from Hamdi. let’s get us back to the United States. Let’s say we have some ships up There is no bar to this Nation’s holding I don’t think anybody in their right there in Virginia and we have a boat- one of its own citizens as an enemy combat- mind would say the United States is load of al-Qaida types trying to ram ant.

VerDate Mar 15 2010 07:05 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.098 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7187 Hamdi’s detention could last for the So I will work with Senator LEVIN tion against enemies foreign and do- rest of his life because the law of war and Senator MCCAIN and say that even mestic. detention can last for the duration of though we are fighting the worst peo- I met with cadets this week and they the relevant conflict. ple on the planet, count me out when it asked me, What is the freedom we fight Here is what we are trying to do. We comes to waterboarding. I remember for? The freedom we fight for is the Bill are trying to create a system con- when people on my side would say—and of Rights, is the Constitution. If we sistent with the Hamdi decision, and I understand them very well—why do have careless disregard for the Con- quite frankly, ladies and gentlemen, you care about what we do to these stitution, what are we fighting for? what I am trying to avoid is the crimi- people? They will cut our heads off. I will tell you, since I know the nal paradigm because I know the dif- Because we are Americans. It is not record of this debate will be widely ference between criminal law and law necessary to go down that road to win read, I want to make formal objection of war. Under the law of war, you can the war. And quite frankly, ladies and to the crazy bastard standard. I don’t detain somebody for interrogation to gentlemen, the opposite is true. You think if we are going to have a crazy find out what the enemy is up to if you can’t win this war if you don’t realize bastard standard that we shouldn’t believe that person to be part of the you are in a war. We are not fighting have a right to trial by jury. Because if enemy. common crime, we are fighting a vi- we are going to lock up all the crazy And let me tell my friends, I do not cious enemy. And we can do it within bastards, for goodness sake, would you want to take our criminal justice sys- our values. We can do it within due not want, if you are a crazy bastard, to tem and bastardize it. During the Bush process consistent with the law of war have a right to trial by jury? years when we had the military com- and, when we get in that criminal I think this is a very serious debate mission rollout, they had a provision arena, consistent with criminal law. and should not be made frivolous. This that in a military commission trial, As much as I disagree with this is an ancient right that we have de- the military jury could be given classi- President, I will not deny him the abil- fended for 800 years. To say that habeas fied information but not share it with ity that every Commander in Chief has is due process is absurd. It is the begin- the defendant. I said: No. If a trial had for decades as an option, if he ning of due process. If you don’t have a means anything, it means the right to chooses to use it. And if you want to go right to trial by jury, you do not have confront those witnesses against you. I down the criminal road, we can, but we due process. You do not have a con- jealously guard that. The worst al- need the option. As much as I dislike stitution. What are you fighting Qaida member in the world, when they President Obama, I am not going to use against and for if you throw the Con- go on trial in military commissions, as a reason to change the law of war stitution out, if you throw the sixth will have a lawyer, a right to appeal to that Barack Obama may put some peo- amendment out? It is in the body of our Supreme Court, and will be able to ple in jail who disagree with him, and our Constitution. It is in the Bill of confront every witness against them. I am not going to buy into some of the Rights. It is in every Constitution in An American citizen who joins al-Qaida rhetoric coming out of our side that a the United States. Trial by jury has or the Taliban will be tried in Federal habeas corpus independent judiciary been a longstanding and ancient and view means nothing if Obama ap- court because we took military com- noble right. Let’s not scrap it now. missions off the table. That is the trial. pointed the judge. We are better than I will accept victory today. I hope we Here is the main point: If you are al- that. will win victory and reaffirm the right I stand ready to vote for Feinstein, I lowing our military to use force to pro- to trial by jury. But let’s don’t play stand ready to work with my col- tect themselves, as Hamdi says, it nat- any games with any aspect and believe urally follows that with the use of leagues to continue to find a way to fight and win a war within our values, that any Supreme Court in the United force comes the lawful detention. And States, whether appointed by Repub- that is why I will be voting for Fein- the outcome of which will matter not only to us but those who follow. lican or Democrat, is going to say that stein. I think that is where most Amer- God bless every person on the front an American citizen does not have a icans are. If there is any confusion, we line who is risking their life at home right to trial by jury. can talk about this in conference. and abroad. And here is what you have The ACTING PRESIDENT pro tem- But, Senator LEVIN, I want to thank as a promise between Senator LEVIN pore. The Senator from California. you for—since 2006—working with me and myself and many others: We are Mrs. FEINSTEIN. If Mr. President and against me. You know, our dispute going to give you the tools to keep us could tell me what the respective times about what would be an active sub- safe and to keep your comrades safe. for either side in this amendment are? stitute for habeas went to the Supreme We are not going to do things in this The ACTING PRESIDENT pro tem- Court, and you won 5 to 4. Damn those war that made no sense in other wars. pore. The opposition time has expired. Justices, but that is the way it goes. You need our help, you need our pray- Proponents have 6 minutes remaining. And you know what. There were some ers, and you need the tools to fight and Mr. LEVIN. If the Senator would Republicans and Democrats who dis- win this war, and we will give you yield. agreed with me and you both. But I re- those tools. Mrs. FEINSTEIN. I will. spect an independent judiciary, and I I yield the floor. The ACTING PRESIDENT pro tem- know Justice Roberts kind of got some The ACTING PRESIDENT pro tempore. The Senator from Michigan. people mad at him because of the pore. The Senator from Kentucky. Mr. LEVIN. We are significantly over ObamaCare decision, but that is the Mr. PAUL. Mr. President, even our time, I believe. We would be happy way it goes. That is the way these old though my colleagues sometimes ap- to accommodate Senator FEINSTEIN or judges are. I just really appreciate an pear to have disdain for the trial by others. independent judiciary. jury, it now appears they are sup- Mrs. FEINSTEIN. I just wanted to I just want to say that after that de- porting the right to trial by jury, and thank everybody. I think we had a cision in 2006 or 2007, how much of a so I congratulate them on their conver- good debate. I think we ended in a good pleasure it has been to work with you sion. However, I think they are still a place. I am very hopeful that the body and others to try to find a way to little confused on Hamdi. will pass this now by a large majority. achieve a balance in a war that is hard Hamdi had to do with a citizen fight- So I hope we are successful tonight in to understand. There is no capital to ing overseas and nothing to do with a achieving something that hasn’t been conquer, no airplanes to shoot down in citizen here. I have great confidence achieved for decades. terms of their jet fighters, there is no that the Supreme Court, given a ruling I want to thank everybody, our co- navy to sink, but they use boats to at- on the right to trial by jury, will af- sponsors, the chairman of the com- tack us and they use private planes to firm the right to trial by jury whether mittee, and Senator GRAHAM for the kill us. At the end of the day, we are at they were appointed by Ronald Reagan debate. war. The outcome does matter, and I or President Obama. So we will have The ACTING PRESIDENT pro tem- want to win this war. I know everybody that fight on another day. pore. The Senator from Alabama. in this body wants to win this war. But I will say, though, that our oath of Mr. SESSIONS. Mr. President, that I want to live within our values. office says we will defend the Constitu- was a good debate. Senator FEINSTEIN

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But if the Senator could just not actually voted on it and approved it in cent years, and we need the Feinstein proceed to call it up but speak to it, we advance. A formal treaty was used as amendment to fix it and restore the would appreciate it. an underlying source of authority for a constitutional rights we are all enti- Mr. SESSIONS. Mr. President, I Status of Forces Agreement on seven tled to. withdraw the offer of calling up that different occasions: Australia, Guate- What I want to say, without any amendment and my request to set mala, Haiti, Honduras, Japan, Korea, doubt and I think any fear of real con- aside the pending amendment, but I and the Philippines. Congress has voted tradiction, is this amendment alters would share some thoughts about it. and approved Status of Forces Agree- the history of the United States, alters The amendment deals with the abil- ments three additional times: Marshall the long-term understanding of the ity of the Congress of the United Islands, Micronesia, and Palau. rules of war, and places American citi- States to review any bilateral security I hope Senator WEBB is able to come zens in a position where they cannot be agreement with Afghanistan. over tonight. He has raised his con- treated effectively as an enemy of the Congress was not consulted regarding cerns about this, and expressed concern state and detained, and actually be in a the framework or the substance of the in the Armed Services Committee that position to be released to continue Enduring Strategic Partnership Agree- the Afghani and the Iraqi Parliaments their war against the United States. I ment between the United States of vote on the Status of Forces Agree- think that is a bad policy. America and the Islamic Republic of ment, but our Congress is not voting on I agree with Senators LEVIN, AYOTTE, Afghanistan that was signed on May 1, the Status of Forces Agreement. Sen- and others who share their view. I am 2012. This agreement commits the ator WEBB is a cosponsor of this not quite able to understand—and I am United States to establishing a long- amendment. And just to have that not sure Senator FEINSTEIN does—that term bilateral security agreement with agreement, the full and complete this therefore establishes through un- Afghanistan. In the past, Congress has agreement that commits the United derstandings of Hamdi and the Su- been consulted and has sometimes pro- States to be fully reported to the Con- preme Court decision that therefore we vided its advice and consent to the gress of the United States I don’t think can vote for it. I don’t think it is the ratification of these type agreements. is too much to ask. Right now, we right step. I don’t think we should The strategic partnership agreement, don’t have any indication that would alter the historical position of the already signed by President Obama, is happen, and there is some opposition to United States that those who are at a legally binding agreement that com- it. But why would that be a problem? war with the United States are not mitted the United States to various Why would the administration not treated as criminals. Southerners who policies including those related to the want Congress to know what our com- were captured by Lincoln weren’t re- drawdown of U.S. forces in Afghani- mitments are and what we would be ex- leased. When Washington dealt with stan. It is broad and vague, and any pected to support? the Whiskey Rebellion, he sent out further agreements entered into by the I believe it is a good amendment. Alexander Hamilton. They weren’t President that are based upon it should Hopefully we can get it moved forward given Miranda rights. They went out be reviewed by the appropriate con- and maybe accepted; but, if not, by there to stop the rebellion. They were gressional committees. vote. I think we could handle it. I don’t citizens. That is the way I feel about it. The President and the Secretary of think it should cause the objection AMENDMENT NO. 3009 Defense have stated that the United that some see in it. This does not re- Mr. SESSIONS. Mr. President, I ask States continues to fight in Afghani- quire that the Congress have a right to unanimous consent to set aside the stan to defeat al-Qaida. While the au- vote to reject the amendment or ap- pending business and call up amend- thorization of military force authorizes prove the amendment. It simply says ment No. 3009. the President to use any means nec- the agreement that is entered into, the The ACTING PRESIDENT pro tem- essary to prevent any acts of terrorism SOFA, has to be produced promptly to pore. Is there objection? against the United States, his author- the Congress. I think that is a reason- Mr. LEVIN. Reserving the right to ity to enter into bilateral security able position, and I ask my colleagues object, I am wondering if the Senator agreements with Afghanistan should be to support it. from Alabama would repeat the re- looked at and reviewed at least by Con- I yield the floor. quest. gress. The ACTING PRESIDENT pro tem- Mr. SESSIONS. I wish to set aside The bilateral security agreement will pore. The Senator from Maryland. the pending amendment and call up supersede not only the strategic part- Mr. CARDIN. Mr. President, I think amendment No. 3009. I understand it nership agreement—so this will be the it is time to explain amendment No. would not be voted on tonight, but I bilateral security agreement—but addi- 3025 that I hope I will be able to call up wish to get it pending. tional memoranda of understanding re- shortly, knowing full well that our Mr. LEVIN. I wonder if the Senator lated to special operations in Afghani- schedule might get difficult when these would speak on the amendment, stan and detainee transfers will be part amendments are brought up at a later though, without calling up the amend- of this agreement. The issues addressed point. ment. in the forthcoming bilateral security My amendment would strike section Mr. SESSIONS. I would be glad to, if agreement are too important not to re- 341 of the fiscal year 2013 National De- the chairman thinks it won’t be a prob- quire congressional review. fense Authorization Act. It included lem calling it up at a later date. The amendment would require the language that would arbitrarily require Mr. LEVIN. I hope not. I don’t even President to submit any proposed bi- the Secretary of Defense to cut the ci- know what is in the amendment. But lateral security agreement to the ap- vilian and contractor workforce to we are trying to accommodate the propriate congressional committees 30 achieve equal savings as they achieve process where everybody could have a days before entering into the agree- from planned reductions in the mili- chance, hopefully, to call up their ment. This is not unreasonable. Con- tary personnel for fiscal year 2012 amendments. We have to do it in order gress is exercising its role of oversight through 2017. where we know what is in the amend- before the President makes long-term This provision does not consider the ment, we have to have our staffs have commitments that have significant work requirements of the Department an opportunity to make sure we under- ramifications from the size of forces nor the law that states: stand what is in the amendment. We that we commit to the legal authority The civilian personnel of the Department are working on this amendment. So I of our commanders. So this will be a of Defense shall be managed each fiscal year have no objection whatever to the Sen- final agreement that will impact quite solely on the basis of and consistent with (1)

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I am quoting time primarily in Uganda where this need to accomplish and we look at the from the administration’s statement of all began, and it looks now as though budget support. That is how those deci- policy: we are getting closer to doing that. sions have been made. The Administration objects to section 341, The reason I am interested in amend- My amendment would strike the cur- which would reduce funding for the civilian ment No. 3199 by Senator DURBIN and rent section 341 that is in the com- and contractor workforce by a rate that is at am supporting it is because a very mittee draft and reaffirms the civilian least equal to the percentage of funding similar thing is going on right now. I manpower requirements by stating the saved from the planned reductions of mili- happen to have spent some time in the following: The Secretary of Defense, tary personnel end strength. This would re- eastern part of the Congo, where I have quire savings in civilian and contract consistent with longstanding law— workforces in excess of $5 billion over the seen the rise of another individual, which was expanded in a bipartisan ef- planned savings through FY 2017. The Ad- Colonel Makenga. He is very much like fort in the fiscal year 2012 NDAA bill— ministration believes the size of the civilian Joseph Kony. In fact, he is training the ensures that the civilian workforce is workforce should be determined based on young people, young kids to be fight- sufficiently sized—a term copied from workload and funding, not on arbitrary com- ers. We all know about the effort out 10 USC 129a)—after taking into account parisons to the military. To comply with there with what they call the rebel military strategy requirements and this legislation, the Department would need leader of M23. That is very similar to military endstrength. to significantly divest workload and impose what is happening up in Uganda. In workforce caps. The Comptroller General is required fact, the Uganda effort and the LRA ef- to report back to the Congress whether What the committee did—I don’t fort were very prominent, actually, in the Department is compliant with the know if it was intentional or not—what eastern Congo, the same place where law. the committee did, they imposed their this—and I suspected myself that there I am pleased this amendment is co- own sequestration order on the civilian is a relationship between the two ef- sponsored by Senators AKAKA, BOXER, and contractor workforce within DOD. forts. So I strongly support that. BEGICH, BROWN of Ohio, DURBIN, HAR- That makes no sense whatsoever. Ev- I want to say one thing, though. I KIN, LEAHY, MIKULSKI, MCCASKILL, and eryone here has been outspoken that it have strong feelings about this, and I TESTER. is wrong to do these across-the-board want to get it on the record, and I I might point out that there is no cuts that have nothing to do with pri- would like to have my comments such provision included in the House ority or mission. My amendment would placed in the RECORD at the time this NDAA. strike that provision from the com- amendment comes up for consider- I would like to note what this amend- mittee bill. It would substitute instead ation. ment does not do. It would not prevent law that requires that the workforce be A lot of people were feeling that one the Department of Defense from determined by mission and budget. It of the problems with the M23 leaders downsizing the civilian workforce. In- does not at all prevent us from came from Rwanda itself. At some deed, according to the House Armed downsizing. We all know we have to time, they talked about President Services Committee, the Department is downsize, and the budget downsizes the Kagame, President Paul Kagame, as if already reducing its civilian workforce civilian and contractor workforce. But there were a relationship between this by over 10,000 positions in fiscal year we should not be setting arbitrary caps butcher over there, Colonel Makenga, 2012 alone. It would not treat service within what we have already done and President Kagame. There is no re- contractors any differently than civil- through the review and budget process. lationship whatsoever. In fact, Presi- ian employees. I am pleased that this amendment is dent Kagame rejects what this rebel The goal of this amendment is pretty supported by many of the groups di- leader is trying to do. simple. It would reaffirm the law that rectly impacted by the decisions here. I had occasion to spend some time prohibits DOD from managing its civil- When I have a chance to offer this with Louise Mushikiwabo, who is the ian workforce by arbitrary constraints. amendment, I will urge my colleagues Foreign Affairs Minister for the Repub- That is what this provision that I am to support the amendment so we can lic of Rwanda. I was with her. I have asking to be stricken by my amend- correct this provision in the bill, which her picture right here. I was with her ment would do. It would set caps and I think allows us to comply with cur- recently, and she gave us the assurance cuts. Downsizing is inevitable but be rent law, protect the mission of the De- that the President, President Paul consistent with the law. It should be partment of Defense, and establish pri- Kagame, is just as adamant about based on a workload analysis and the orities in the way we should, not by ar- doing away with this rebel leader, budgets that are provided through the bitrary caps. Colonel Makenga, of the M23 rebel congressional process. I yield the floor. movement. I am happy to join in with This would repudiate the notion that AMENDMENT NO. 3199 this. I wanted to make sure I have my what happens in one department’s Mr. INHOFE. Mr. President, I have assurance in this that there is no rela- workforce automatically affects the been attempting to contact the pri- tionship between this rebel movement other. The way the language came out mary author of amendment No. 3199, and the President of Rwanda. from the committee, regardless of the Senator DURBIN. Let me first of all ask I yield the floor. I see the author of needs of our civilian missions within unanimous consent that I be added, if I this amendment is on the floor. the Department of Defense, its cut am not already, as original cosponsor The PRESIDING OFFICER (Mr. would be tied to the military side and to the amendment No. 3199. WHITEHOUSE). The Senator from Illi- the contractors would also be affected. The PRESIDING OFFICER. Without nois. It should be based upon their vision. It objection, it is so ordered. Mr. DURBIN. I thank my colleague should be based upon their budget. Mr. INHOFE. Mr. President, I think from Oklahoma. Many of my other col- There should not be arbitrary provi- it is interesting that this amendment leagues may not be aware of his inter- sions. is coming up at this time. It is a mat- est and dedication to the continent of Proponents of section 341 would inter of just a couple of hours ago that Africa. He has traveled there probably sist that the civilian workforce should we passed an amendment on this floor as much if not more than any other be automatically reduced by approxi- extending our effort and policy against Member of the Senate. It has been a mately 5 percent because the Obama the LRA, the Lord’s Resistance Army, great opportunity, experience, and edu- administration would reduce the mili- and that is Joseph Kony, the individual cation for me to travel there over the tary workforce by approximately 5 per- who for now over 20 years has been ab- years, but my few visits do not come cent. They are different missions, dif- ducting young people, training them, close to the commitment that has been ferent priorities; they need to be taking them up and forcing them to go made by the Senator from Oklahoma. I

VerDate Mar 15 2010 07:22 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.116 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7190 CONGRESSIONAL RECORD — SENATE November 29, 2012 greatly respect his knowledge of the likely because of a strong speech he M23 rebels have access to night vision area and appreciate his cosponsorship gave at the United Nations last month, goggles and other equipment they of the amendment which is pending denouncing mass rape and impunity in never had before, indicative of signifi- which we hope will be cleared. Congo. cant assistance from the well-supplied I have been to eastern Congo twice, The United Nations has a 20,000 mem- Rwandan Army. We have seen reports 2005 and 2010—Goma. Goma is one of ber peacekeeping force in eastern that the Rwandan Army crossed the those places you will never forget once Congo to help the region’s violence— border working side-by-side with these you visit them. This is one of the poor- but the area is still very fragile, awash rebels. est places on Earth. You see the pov- in weapons, warlords, and competing A Congolese regional governor, erty in every direction. You see the regional interests. It is also rich in val- Julien Paluku, stated that the Rwan- disease. You see the victims of war in uable minerals that are found in our dan Army entered his province behind every direction because there has been everyday electronic and other prod- the M23 rebels and forced the Congolese an ongoing war in this part of the ucts. military to flee. Human Rights Watch world which literally rivals some of the It has been said that the Congo war has corroborated these reports and has great wars of our history in terms of contains ‘‘wars within wars’’—and that independently confirmed the Rwandan the innocent people who have been is true. But fueling much of the vio- Government’s role. killed, maimed, raped, and have suf- lence is a bloody contest for control of There was some hope that the leaders fered displacement. On top of all of these vast mineral resources. of Congo, Rwanda, and Uganda would these things in Goma is an active vol- In the last Congress I was proud to meet last week and find a way to end cano that erupted not that many years join in a bipartisan effort with Sen- this violence. Yet it didn’t occur. It ap- ago, covering this poor, godforsaken ators BROWNBACK, FEINGOLD, DODD, pears Rwandan President Kagame did part of the world with lava. It troubles JOHNSON, and others to try to prevent not attend as he had once promised. me to go there and see the suffering the country’s mineral wealth from Rwanda is a friend of the United that goes on every day. fueling the region’s horrific violence. States. I have visited President The ongoing war that is taking The bill we eventually passed in- Kagame and I have been to Rwanda. It place—the rebel groups, M23—have now cluded a simple transparency require- has certainly been through its share of taken over sections of eastern Congo. ment—if a company registered in the suffering during the genocide in 1994. It Eastern Congo is known as the rape United States uses any of a small list helped in peacekeeping efforts in capital of the world. One of the tactics of key minerals from Congo or its Sudan. With that kind of leadership, of war is to rape the women of any age neighbors, then it has to disclose in its though, comes an important responsi- in front of their families and then force SEC filings what, if anything, it is bility. No one in Rwanda or any coun- these women, many times, to kill other doing to prevent the mineral purchases try will benefit from a collapsed Congo members of the family who have wit- from funding the region’s violence. in which the rebels hold large swaths of nessed it. They estimate that regional I was happy to see that in August, territory and these impoverished peo- war and rape leave an estimated 1,000 the Securities and Exchange Commis- ple at gunpoint. I urge Rwanda to rein or more women assaulted every day in sion approved a rule based on this leg- in the M23 rebels and work with its re- the Congo. Twelve percent of all Con- islation. It is a sound and fair rule, so gional neighbors to bring stability to golese women have been victimized by you can imagine my disappointment eastern Congo. this. I met some in a hospital called that the National Association of Manu- To make sure this happens, Senators Heal Africa. factures has already started a legal BOOZMAN, BOXER, COONS—let me get There is a population of 8 million challenge to this modest provision. I the entire list because I am proud they people, and Heal Africa is the only hos- appeal to the conscience of the CEOs of have joined me in this effort—BROWN of pital in the area that offers any these companies in America to do their Ohio, CARDIN, and now Senator INHOFE antiretroviral drugs for children with part to help end this violence that is have joined me in filing an amendment HIV and surgery to repair the bodies of going on in Congo. Please stop fighting to this Defense authorization bill that these traumatized women. Heal Afri- this simple provision so we can trace would impose an asset freeze and visa ca’s cofounder, Lyn Lusi, passed away these minerals and stop the exploi- ban on any outside parties who are pro- this past March. What a saint she was. tation of these poor people. viding support to the M23 rebels, an While her death was a terrible loss, Last week a well-armed group of amendment I urge my friends, Senators Heal Africa and other organizations rebels calling themselves M23 overran LEVIN and MCCAIN, to accept. continue to carry on her vision, includ- and occupied the key city of Goma in I hope such sanctions will not be ing many American medical students eastern Congo. These rebels have needed and that wiser heads prevail. who go there to volunteer. God bless threatened to continue their incursions The people of eastern Congo have suf- them. There was a delegation from and set a course for Kinshasa, Congo’s fered long enough. Purdue University there when I visited, capital in the west. They have created I know Senator LEVIN is working for and many others have followed. a new wave of fleeing refugees in need the approval of this amendment. I sin- The Rwandan genocide has been the of clean water, food, and shelter. This cerely hope it can be done before the root cause of many of the problems, as move was condemned by the U.N. Secu- end of the evening. I am going to at well as a weak government in Congo. rity Council, which expressed deep con- this point yield the floor in the hopes Eastern Congo is virtually on its own, cerns about M23. These rebels are that we can bring this to a positive with very little governance or protec- known for brutal violence. This is a conclusion. tion, and criminals run rampant. photograph of a little baby being The PRESIDING OFFICER. The Sen- Dr. Denis Mukwege runs another hos- passed into a truck hopefully, to safe- ator from Oklahoma. pital in Bukavu, the capital of South ty—a victim of the violence going on Mr. INHOFE. Mr. President, let me Kivu province. by the M23 rebels who have taken over compliment Senator DURBIN for his Panzi Hospital is a one-story building this part of the Congo. Some of my col- concern for this activity that is going on a tree-lined, dirt road. It receives leagues may have seen this tragic on there. I wish to clarify the record about 10 new rape cases a day, every photo in Monday’s New York Times. because I have had personal conversa- day. And that is only the tip of the ice- This baby is being hoisted into a tions with the President and with berg, since most rape survivors never packed truck while his family is trying many members of the staff and good seek treatment. to get out. Even more troubling is that friends over there. The victims range in age from 2 to 80 there is considerable evidence that Africa is a little bit different than years old. Dr. Mukwege says they ar- these rebels have and are continuing to other areas. Sometimes there can be rive ‘‘broken, waiting for death, hiding receive strategic and materiel support rebel groups within a country that are their faces.’’ from neighboring Rwanda, just as Sen- doing something people attribute to a Last month armed gunmen attacked ator INHOFE mentioned on the Senate country. In this case, that isn’t true this genuine hero at his home, mur- floor, and potentially from Uganda as with Rwanda. In the case of Rwanda, if dering his guard and shooting at him, well. News reports indicate that the they say that some of the Rwandan

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.102 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7191 military was supporting the M23 move- I yield the floor. (e) TERMINATION OF SANCTIONS.—The Presi- ment, that would not be with the au- The PRESIDING OFFICER. The Sen- dent may terminate sanctions imposed under thority or the knowledge even of Presi- ator from Michigan. this section with respect to a person on and dent Kagame himself and his adminis- Mr. LEVIN. I ask unanimous consent after the date on which the President determines and reports to the appropriate con- tration. I want to make sure to clarify that the filing deadline for first-degree gressional committees that the person has that. amendments to S. 3254, the Department terminated the provision of significant fi- Also, I want to mention, the area of of Defense authorization bill, be set at nancial, material, and technological support Goma that the Senator from Illinois is 9:45 tonight. to M23. talking about is something that a lot The PRESIDING OFFICER. Is there (f) TERMINATION OF SECTION.—This section of people are not—they don’t under- objection? shall terminate on the date on which the stand what that is. Goma is in the far Without objection, it is so ordered. President determines that M23 is no longer a eastern part of Congo. The capital is Mr. INHOFE. Mr. President, I note significant threat to peace and security in the absence of a quorum. the Democratic Republic of the Congo. Kinshasa. It is further from Kinshasa (g) DEFINITIONS.—In this section: to Goma than it is, of course, all the The PRESIDING OFFICER. The (1) APPROPRIATE CONGRESSIONAL COMMIT- way across this country twice. So we clerk will call the roll. TEES.—The term ‘‘appropriate congressional are talking about an area where there The legislative clerk proceeded to committees’’ means— is not much control. call the roll. (A) the Committee on Banking, Housing, It happens that Robert Ruberwa, Par- Mr. LEVIN. Mr. President, I ask and Urban Affairs and the Committee on liamentarian Ruberwa, is the one who unanimous consent that the order for Foreign Relations of the Senate; and is responsible for that area. The way it the quorum call be rescinded. (B) the Committee on Financial Services The PRESIDING OFFICER. Without and the Committee on Foreign Affairs of the is working there, they don’t have any House of Representatives. objection, it is so ordered. control over there. This is a rebel (2) M23.—The term ‘‘M23’’ refers to the movement. Mr. LEVIN. Mr. President, I under- rebel group known as M23 operating in the The reason I say I believe, and I have stand that amendment No. 3199, an Democratic Republic of the Congo that de- always believed, that there is a rela- amendment of Senators Durbin and rives its name from the March 23, 2009, agree- tionship between the LRA and the M23 Inhofe, has now been cleared on both ment between the Government of the Demo- is because I was over there when the sides. So I ask unanimous consent that cratic Republic of the Congo and the Na- LRA had just left. We were hoping to this amendment now be called up and tional Congress for the Defense of the People be there at the same time. It was a considered. (or any successor group). The PRESIDING OFFICER. Without (3) UNITED STATES PERSON.—The term matter of a couple of days before. They ‘‘United States person’’ means— went north up through the Central Af- objection, it is so ordered. (A) an individual who is a United States rican Republic and up through south The clerk will report. citizen or an alien lawfully admitted for per- Sudan, over to Uganda, where they The bill clerk read as follows: manent residence to the United States; or originally started. That is the same The Senator from Illinois [Mr. DURBIN] (B) an entity organized under the laws of area and the same motive, the same proposes an amendment numbered 3199. the United States or of any jurisdiction way of operating as M23. Mr. LEVIN. I ask unanimous consent within the United States. They are abducting little kids. Peo- that the reading of the amendment be Mr. LEVIN. I know of no further de- ple don’t realize this. They abduct lit- dispensed with. bate. tle kids and teach them how to use The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there weapons and make them go back to objection, it is so ordered. further debate? If not, the question is their villages, murder their parents The amendment is as follows: on agreeing to the amendment. The amendment (No. 3199) was agreed and their siblings, and if they don’t do (Purpose: To impose sanctions with respect that, they cut their noses off and their to persons that provide significant finan- to. ears off. We have pictures. We have cial, material, or technological support to Mr. LEVIN. Mr. President, I move to seen this happen. the rebel group known as M23 operating in reconsider the vote. I am pleased that we have adopted as the Democratic Republic of the Congo) Mr. INHOFE. I move to lay that mo- a policy of this country to intervene. At the end of subtitle D of title XII, add tion on the table. Let’s keep in mind, we have a war the following: The PRESIDING OFFICER. Without against terrorists. These are terrorists SEC. 1246. IMPOSITION OF SANCTIONS WITH RE- objection, it is so ordered. SPECT TO SUPPORT FOR THE REBEL Mr. LEVIN. Mr. President, let me and this has spread throughout—start- GROUP KNOWN AS M23. ing actually more in the Horn of Afri- thank Senators DURBIN and INHOFE for (a) BLOCKING OF ASSETS.—The Secretary of again focusing on a critical issue. I ca, Djibouti, and then moving down the Treasury shall, pursuant to the Inter- into the continent. This is the type of national Emergency Economic Powers Act know Africa seems far away and some terrorism that comes from it. I con- (50 U.S.C. 1701 et seq.) and Executive Order of these events seem far away, but they sider this as a part of that war. 13413 (74 Fed. Reg. 64105; relating to blocking have tried to bring them home to us But I do want to emphasize that the property of certain persons contributing to and, hopefully, we will be listening, all accusation that Rwanda and their lead- the conflict in the Democratic Republic of of us, to what they have accomplished ership, specifically President Kagame— the Congo), block and prohibit all trans- and what they have done tonight. I actions in all property and interests in prop- let’s remember what happened with hope the American people realize the erty of a person described in subsection (c) if importance of this issue and that the Paul Kagame. He was the one back dur- such property and interests in property are ing the genocide of 1994 who was able in the United States, come within the United message will be clear to those who are to come in and pull everybody to- States, or are or come within the possession violating civil rights so horrendously. gether. A lot of the rebels went to the or control of a United States person. I yield the floor and note the absence west out in Rwanda and went into the (b) VISA BAN.—The Secretary of State shall of a quorum. eastern part of Congo. We know that is deny a visa to, and the Secretary of Home- The PRESIDING OFFICER (Mr. right. But they have been rejected. land Security shall exclude from the United BROWN of Ohio). The clerk will call the States, any alien who is a person described There is no accusation that there is roll. in subsection (c). The bill clerk proceeded to call the even a relationship there. But I hope (c) PERSONS DESCRIBED.—A person de- people realize we do have some great scribed in this subsection is a person that roll. Presidents throughout the continent of the President determines provides, on or Mr. LEVIN. Mr. President, I ask Africa, and he is one of them. It is a after the date of the enactment of this Act, unanimous consent that the order for difficult situation there. It is one on significant financial, material, or techno- the quorum call be rescinded. which we need to focus our attention. logical support to M23. The PRESIDING OFFICER (Mr. By the way, I would say I don’t be- (d) WAIVER.—The President may waive the BROWN of Ohio). Without objection, it application of this section with respect to a is so ordered. lieve it has been cleared on our side. It person if the President determines and re- would be with me, but it hasn’t hap- ports to the appropriate congressional com- VOTE ON AMENDMENT NO. 3245 pened yet, and we hope to work in that mittees that the waiver is in the national in- Under the previous order, the ques- direction so we can take this up. terest of the United States. tion is on agreeing to amendment No.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.103 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7192 CONGRESSIONAL RECORD — SENATE November 29, 2012 3245 offered by the Senator from New This is not an abstract issue. The vides simply that ‘‘no person shall be Hampshire. U.S. homeland remains a target for al . . . deprived of life, liberty, or prop- Mr. LEVIN. Mr. President, I ask for Qaida terrorists, who hide among civil- erty without due process of law.’’ the yeas and nays. ian populations and have successfully Indefinite detention in the United The PRESIDING OFFICER. Is there a recruited our fellow citizens to carry States is not just unconstitutional, it sufficient second? out acts of terrorism. is unnecessary. Look at the track There appears to be a sufficient sec- Some of my colleagues contend that record. Since 9/11, our counterterrorism ond. U.S. citizens forfeit their citizenship professionals have prevented another The clerk will call the roll. when they commit terrorist acts or terrorist attack in the United States. The bill clerk called the roll. acts of war against their fellow citizens And more than 400 terrorists have suc- Mr. DURBIN. I announce that the but that they nevertheless should be cessfully been prosecuted and con- Senator from West Virginia (Mr. tried and treated as common criminals victed in federal court. Here are just a ROCKEFELLER) and the Senator from with all of the attendant constitu- few of the terrorists who have been Oregon (Mr. WYDEN) are necessarily ab- tional rights. Others believe that U.S. convicted in federal court and are serv- sent. citizen-enemy combatants forfeit their ing long prison sentences: Umar Faruk Mr. KYL. The following Senators are constitutional rights altogether and necessarily absent: the Senator from Abulmutallab, the Underwear Bomber; can be detained indefinitely by the Ramzi Yousef, the mastermind of the South Carolina (Mr. DEMINT), the Sen- military without any judicial review. 1993 WTC bombing; Omar Abdel ator from Nevada (Mr. HELLER), and I respectfully reject both of these po- Rahman, the so-called ‘‘Blind Sheikh’’; the Senator from Illinois (Mr. KIRK). sitions. It is entirely consistent with The PRESIDING OFFICER (Mr. 20th 9/11 hijacker Zacarias Moussaoui; both the Constitution and laws of war and Richard Reid, the ‘‘Shoebomber’’. BLUMENTHAL). Are there any other Sen- for the U.S. military to detain such in- ators in the Chamber desiring to vote? Some of my colleagues have claimed dividuals pursuant to a force author- that the Supreme Court’s Hamdi deci- The result was announced—yeas 54, ization or war resolution until the ces- nays 41, as follows: sion upheld the indefinite detention of sation of hostilities. To be sure, there U.S. citizens captured in the United [Rollcall Vote No. 212 Leg.] is historical precedent for this propo- YEAS—54 States, but it did no such thing. Hamdi sition. What is critical to remember was captured in Afghanistan, not the Alexander Grassley Moran and too often seems to be omitted from United States. And Justice O’Connor, Ayotte Hagan Murkowski this debate is that a U.S. citizen or any Barrasso Hatch Nelson (NE) the author of the opinion, was very Baucus Hoeven Paul other person lawfully inside our na- careful to say that the Hamdi decision Blunt Hutchison Portman tion’s borders—who is detained by our was limited to, ‘‘individuals who Boozman Inhofe Pryor military does not forfeit their rights to Brown (MA) Inouye Risch fought against the United States in Af- Burr Isakson Roberts habeas corpus review in a Federal ghanistan as part of the Taliban.’’ Chambliss Johanns Rubio court. In other words, they retain the Some of my colleagues also cited the Coats Johnson (WI) Sessions constitutional right to challenge their case of Jose Padilla, claiming that it is Coburn Kyl Shelby detention before an impartial civilian Cochran Landrieu Snowe a precedent for the indefinite detention judge. Collins Lee Stabenow of U.S. citizens captured in the United Corker Lieberman Thune The Supreme Court has noted that Cornyn Lugar Toomey the ‘‘writ of habeas corpus is the funda- States. But look at what happened in Crapo Manchin Vitter the Padilla case. Padilla is a U.S. cit- Enzi McCain Webb mental instrument for safeguarding individual freedom against arbitrary and izen who was placed in military cus- Graham McConnell Wicker tody in the United States. The 4th Cir- NAYS—41 lawless state action.’’ And, in fact, a citizen’s right to habeas corpus extends cuit Court of Appeals, one of the most Akaka Feinstein Mikulski all of the way to review by the U.S. Su- conservative courts in the country, Begich Franken Murray upheld Padilla’s military detention. Bennet Gillibrand preme Court, the highest Court in the Nelson (FL) But then, before the Supreme Court Bingaman Harkin Reed land. Blumenthal Johnson (SD) Reid In closing, what I find so confounding had the chance to review the 4th Cir- Boxer Kerry Sanders about this debate is the fact that cuit’s decision, the Bush administra- Brown (OH) Klobuchar Schumer tion transferred Padilla out of military Cantwell Kohl Shaheen groups like the American Civil Lib- Cardin Lautenberg custody and prosecuted him in crimi- Tester erties Union, ACLU, Human Rights Carper Leahy Udall (CO) nal court. To this day, the Supreme Casey Levin Watch, and Amnesty International Udall (NM) Court has never ruled on the question Conrad McCaskill have urged the Senate to reject the Coons Menendez Warner Feinstein amendment. These groups of whether it is constitutional to in- Whitehouse Durbin Merkley have said that a vote against the Fein- definitely detain a U.S. citizen cap- NOT VOTING—5 stein amendment would send a clear tured in the United States. DeMint Kirk Wyden message about our commitment to con- A number of prominent civil liberties Heller Rockefeller stitutional rights. I respect the views and human rights organizations have The amendment (No. 3245) was agreed and passion of these groups but would expressed their concern that because to. urge a vote against the amendment for the Feinstein-Paul amendment only Mr. REID. Mr. President, I move to a different reason: namely, I believe prohibits indefinite detention of U.S. reconsider the vote. that we can keep faith with the Con- citizens and lawful permanent resi- Ms. BOXER. I move to lay that mo- stitution and maintain the global fight dents, it implicitly authorizes indefi- tion on the table. against al-Qaida. nite detention of others apprehended in The motion to lay on the table was Mr. DURBIN. Mr. President, I will the United States. I am very sympa- agreed to. support the Feinstein-Paul amend- thetic to this concern. As Senator Mr. CORNYN. Mr. President, tonight ment. This amendment would make it FEINSTEIN and Senator PAUL have both the Senate will vote on an amendment clear that Congress has not authorized said on the floor of the Senate, they offered by the senior Senator from the indefinite detention of American oppose the indefinite detention of any- California that affects the lawful au- citizens or lawful permanent residents one apprehended in the United States, thority of the U.S. military to detain apprehended in the United States with- including non-U.S. citizens and non- enemy belligerents during wartime. out charge or trial. This is a common- lawful permanent residents. I agree. This issue is necessarily complicated sense amendment that should be com- Senator FEINSTEIN and Senator PAUL and difficult because the universe of pletely noncontroversial. It has long included language in this amendment detainees at issue includes U.S. citi- been understood that is unconstitu- to make it clear that we are not im- zens who are captured on American soil tional to indefinitely detain someone plicitly authorizing the indefinite de- while taking up arms against their fel- apprehended in the United States with- tention of individuals who are not U.S. low citizens in the name of a foreign out charge or trial. Indeed, the fifth citizens or legal permanent residents. power or global terrorist organization. amendment of the Constitution pro- On page 2, line 14, the amendment says

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.121 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7193 that the prohibition on indefinite de- for some period, but otherwise repudi- imous consent agreement is agreed to, tention of U.S. citizens and legal per- ated the government’s broad assertions if it is. manent residents ‘‘shall not be con- of executive authority to detain citi- Mr. SCHUMER. Reserving the right strued to authorize the detention of zens without charge or trial. to object, would this allow a vote, an . . . any other person who is appre- To the extent the Hamdi case per- up-or-down vote on the Coburn amend- hended in the United States.’’ So in mits the government to detain a U.S. ment? Would this allow an up-or-down adopting this amendment, the Senate citizen ‘‘until the end of hostilities,’’ it vote on the Coburn amendment? is not implicitly authorizing the indefi- does so only under a very limited set of Mr. LEVIN. This will. nite detention of anyone. circumstances; namely, citizens taking Mr. SCHUMER. I object. To the contrary, the language I have an active part in hostilities who are The PRESIDING OFFICER. The ob- just quoted makes it clear that this captured in Afghanistan and who are jection is heard. amendment does not change existing afforded certain due process protec- VOTE ON AMENDMENT NO. 3018 detention authority of non-U.S. citi- tions, at a minimum. The PRESIDING OFFICER. Under zens and non-lawful permanent resi- Additionally, decisions by the lower the previous order, the question is on dents in any way. What does that courts have contributed to the current agreeing to amendment No. 3018, of- mean? It means that the Supreme state of legal ambiguity, principally fered by the Senator from California, Court will decide whether non-U.S. those decisions involving Jose Padilla, Mrs. FEINSTEIN. citizens and non-lawful permanent resi- a U.S. citizen who was arrested in Chi- Mr. REID. I ask for the yeas and dents can be detained indefinitely cago. He was initially detained pursu- nays. without trial, not the United States ant to a material witness warrant The PRESIDING OFFICER. Is there a Senate. based on the 9/11 terrorist attacks. sufficient second? I want to thank Senator FEINSTEIN In Padilla v. Rumsfeld the Second There appears to be a sufficient sec- and Senator PAUL for their leadership Circuit Court of Appeals held that the ond. on this issue and am proud to support AUMF did not authorize his detention, The clerk will call the roll. their amendment. saying: The assistant legislative clerk called the roll. Mrs. FEINSTEIN. Mr. President, in We conclude that clear congressional au- 1971, Congress passed and President thorization is required for detentions of Mr. DURBIN. I announce that the Nixon signed into law the Non-Deten- American citizens on American soil because Senator from West Virginia (Mr. tion Act of 1971, which repealed a 1950 . . . the Non-Detention Act . . . prohibits ROCKEFELLER) and the Senator from statute that explicitly allowed deten- such detentions absent specific congressional Oregon (Mr. WYDEN) are necessarily ab- tion of U.S. citizens. authorization. sent. The Non-Detention Act of 1971 clear- The Second Circuit went on to say Mr. KYL. The following Senators are ly states: that the 2001 Authorization for Use of necessarily absent: the Senator from No citizen shall be imprisoned or otherwise Military Force ‘‘is not such an author- Nevada (Mr. HELLER) and the Senator detained by the United States except pursu- ization, and no exception to [the Non- from Illinois (Mr. KIRK). ant to an act of Congress. Detention Act] otherwise exists.’’ Further, if present and voting, the Despite this history, during last I think this history is particularly Senator from Nevada (Mr. HELLER) year’s debate on the Defense authoriza- important in light of tonight’s debate. would have voted ‘‘yea.’’ tion bill some in this body advocated The PRESIDING OFFICER. The ma- The PRESIDING OFFICER (Mr. for the indefinite detention of Amer- jority leader. PRYOR). Are there any other Senators ican citizens. This is an issue that has Mr. REID. Mr. President, we have in the Chamber desiring to vote? The result was announced—yeas 67, been the subject of much legal con- one more vote to start in just a few nays 29, as follows: troversy since 9/11. minutes. Senator LEVIN wants to say Proponents of indefinitely detaining something about the schedule for to- [Rollcall Vote No. 213 Leg.] U.S. citizens argue that the Authoriza- morrow. YEAS—67 tion for Use of Military Force, AUMF, Senator LEVIN. Akaka Durbin Merkley that was enacted in the wake of 9/11 is The PRESIDING OFFICER. The Sen- Alexander Enzi Mikulski ator from Michigan. Barrasso Feinstein Moran ‘‘an act of Congress,’’ in the language Baucus Franken Murkowski of the Non-Detention Act, that author- Mr. LEVIN. We are going to be mak- Begich Gillibrand Murray izes the indefinite detention of Amer- ing a unanimous consent request, and Bennet Graham Nelson (FL) ican citizens regardless of where they would like to do it right now, that to- Bingaman Hagan Paul Blumenthal Harkin Reed are captured. morrow morning there be debate and Blunt Hoeven Reid votes on the following five amend- Boozman Inhofe We heard this argument again to- Risch Boxer Inouye night from Senators LEVIN and GRA- ments: Senator SESSIONS on bilateral Sanders Brown (OH) Johnson (SD) HAM. They assert that their position is discussions with Afghanistan, Sessions Cantwell Kerry Schumer justified by the U.S. Supreme Court’s amendment No. 3009; Cardin amend- Cardin Klobuchar Shaheen plurality decision in the 2004 case of ment No. 3025 on civilian personnel; Carper Kohl Snowe Menendez amendment No. 3232 on Iran Casey Landrieu Stabenow Hamdi v. Rumsfeld. However, that po- Coburn Lautenberg Tester sition is undercut by the 2003 case of sanctions; Bill Nelson amendment No. Collins Leahy Udall (CO) Padilla v. Rumsfeld in the Second Cir- 3073 involving widows and orphans; and Conrad Lee Udall (NM) cuit Court of Appeals. Coburn amendment No. 3254 involving Coons Levin Warner But let me discuss the facts of Hamdi second amendment rights for veterans. Corker McCain Webb Crapo McCaskill Whitehouse because it is important to note that My request is that we have—I will DeMint Menendez Yaser Esam Hamdi was a U.S. citizen make a unanimous consent request NAYS—29 who took up arms on behalf of the now that tomorrow morning, at what- Ayotte Isakson Pryor Taliban and was captured on the bat- ever time is allotted for morning busi- Brown (MA) Johanns Roberts tlefield in Afghanistan. The Supreme ness by the leaders—— Burr Johnson (WI) Rubio Court effectively did uphold his mili- Mr. REID. There will be no morning Chambliss Kyl Sessions business. Coats Lieberman Shelby tary detention, so some of my col- Cochran Lugar leagues seize upon this to say that the Mr. LEVIN. There will be no morning Thune Cornyn Manchin Toomey military can detain even U.S. citizens business—that we then proceed. Now Grassley McConnell Vitter Hatch Nelson (NE) who are arrested domestically. we don’t have time agreements yet on Wicker However, the Supreme Court’s opin- these five. That is going to take a few Hutchison Portman ion in that case was a muddled decision minutes. My unanimous consent re- NOT VOTING—4 by a four-vote plurality that recog- quest is that immediately after prayer Heller Rockefeller nized the power of the government to tomorrow we move to these five Kirk Wyden detain U.S. citizens captured in such amendments. We will allocate as little The amendment (No. 3018) was agreed circumstances as ‘‘enemy combatants’’ time as we can tonight after this unan- to.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.093 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7194 CONGRESSIONAL RECORD — SENATE November 29, 2012 Mr. LEVIN. Mr. President, I move to Mr. MCCAIN. Mr. President, after 12 his passion. But I hope for the good of reconsider the vote. hours today, 8 hours yesterday, over 42 the institution he would allow this Mr. REID. I move to lay that motion amendments, and many more coming process to go forward just as it has for on the table. in the managers’ package, what we the last couple of days. The motion to lay on the table was have is a situation where the Senator I thank my friend from New York for agreed to. from New York—because of his passion, listening. The PRESIDING OFFICER. The Sen- which he just articulated—refuses to The PRESIDING OFFICER. The Sen- ator from Michigan. allow the Senator from Oklahoma his ator from Michigan. Mr. LEVIN. Mr. President, the last rights as a Senator; and that would be, Mr. LEVIN. Mr. President, along the unanimous consent which was objected since we have taken up this legislation same lines, I would hope that at least to listed the five amendments. I am with amendments and votes with a 51- with these four amendments—which now going to list the first four of those vote majority as applicable, we have are now ready to be debated and voted five amendments so everybody knows moved through, I am very proud to say, upon—that our friend from Oklahoma what I am doing. I think a very good process that I would allow that to proceed, with the I ask unanimous consent that it be in think all of us can be proud of. notice that from thereon he would not order for the following first-degree But the Senator from New York, be- allow any unanimous consent agree- amendments to be offered tomorrow, cause of his passion and commitment ment. But this has been worked on for with no more amendments tonight: and belief—all of which I respect—will so long and these four amendments are Sessions 3009, Cardin 3025, Menendez now prevent the Senator from Okla- lined up so nicely for debate tomorrow 3232, and Nelson of Florida 3073. homa from having his amendment con- that I would urge him to relent and The PRESIDING OFFICER. Is there sidered. Why? Because he is afraid he allow us to at least proceed to those objection? four amendments. And he has now put The Senator from Oklahoma. will lose. The Senator from South Mr. COBURN. Mr. President, reserv- Carolina and the Senator from New the body on notice that he would not ing the right to object, I find it highly Hampshire and I have been losing all agree to any additional beyond that. ironic that we just passed an amend- day long, and I am passionate about I happen to agree with my friend ment to protect the constitutional that. from Arizona. We are going to debate, rights of Americans, and we have an But I ask my colleague from New folks. Sooner or later, these amend- objection to protecting the second York, do we really want to have a situ- ments are going to be debated, unless a amendment rights of the veterans of ation where the depth of our passion cloture motion—which is going to be this country. How in the world can we now dictates whether the Senate filed tomorrow—is approved on Mon- say to people who fight and defend for should be allowed to go forward? The day. And then we are right back in the us through a social worker deemed in- Senator from Oklahoma has the same same problem we have had, which has competent to carry a gun, that ought right as every other Senator has had to just been eloquently described by Sen- CCAIN. And if we don’t vote clo- to be on the basis of a danger to them- propose an amendment. I will be glad ator M ture, this bill isn’t going anywhere. If selves or to someone else, and it ought to debate it, and up or down. Because if we do vote cloture, then we will have to be adjudicated, and we have Sen- we are now going to tell our colleagues made it impossible for some people to ators objecting to protecting the rights that if you have an amendment and offer amendments, which they should of the people who defend us? you feel that you are going to lose and On that basis, the contrary nature of it really goes to the heart of your be- be allowed to offer. that basis of what we just did, I will liefs, that you are not going to allow Let us be clear on what is happening object to any further unanimous con- the Senate to work, I think that is a tomorrow, to the extent it is possible— sents on this bill until we have a vote very bad and dangerous precedent for which is not very extensive. And I want to protect the rights of the people who us to set. to get the Chair to confirm this. There defend this country. Passions are high tonight, I say to is a pending amendment. It is a modi- The PRESIDING OFFICER. Objec- my friend from Michigan. I think we fied Kyl amendment. This has been tion is heard. have a pending amendment now and modified so that it was been worked The Senator from New York. there will be other amendments that out with Senator KERRY. That is pend- Mr. SCHUMER. Mr. President, I want we will line up. We could maybe over- ing. Is the Senator correct? to set the record straight. This is a night calm down a little bit and move The PRESIDING OFFICER. The provision in the law that I worked on forward with a process that we have amendment has not yet been modified, in fact with the Senator from Okla- enjoyed for the last 2 days. No matter but it is pending. homa, and it says something very sim- how passionate we feel about a par- Mr. LEVIN. It is pending and will be ple: If you are adjudicated mentally in- ticular issue, we should let the Senate modified tomorrow. firm, you are on the same list that pre- work its will; otherwise, we will never At that point the Chair is going to vents you from buying a gun as if you complete a piece of legislation around ask whether there is any additional de- are a felon. here unless we go back to what we have bate on that amendment. If there is no In my judgment—I love our veterans, been doing before, and that is fill up additional debate, then the Chair is I vote for them all the time. They de- the tree, file cloture, and then none of going to put the question. If there is a fend us. But if you are mentally ill, us are able to engage in what the Sen- request for a rollcall, there will be a whether you are a veteran or not—just ate should—and that is open and hon- rollcall. If there is not, it will be voice as if you are a felon. If you are a vet- est debate and respecting the will of voted. At that point, the floor is open. eran or not and you have been judged the majority. And I intend to then offer the Sessions to be mentally infirm, you should not So I urge, with all respect and appre- amendment, the first one on this list, have a gun. ciation for the passion of the Senator and then that is going to be open to de- And no amendment, my friend, is ab- from New York, allow this process to bate. And if our colleagues want to solute. The first amendment is not ab- go forward. Let an amendment be con- come here tomorrow and filibuster or solute. You are against sidered, let a second-degree amend- prevent a vote on the Sessions amend- antipornography laws. The third, ment be considered, and respect the ment, they are going to have to come fourth, fifth, sixth, seventh, eighth, will of the majority, and move on and here and debate. and ninth amendments. And as much live to fight another day; otherwise, we But we have tried the best we know as I believe in the second amendment will derail the Defense authorization how to move this bill forward. We have and the right to bear arms and was a bill that we have managed to pass for done everything we know how, and we supporter of the Heller decision, nei- the last 51 years, and the men and have made great progress, with the ther is the second amendment. women who are serving in the military Members of this body being extremely I continue my objections to the pro- and our Nation’s security will be jeop- cooperative. We are not giving up. vision. ardized. So the only technique left to us, The PRESIDING OFFICER. The Sen- I don’t want to get into a fight with given these two objections, is the one I ator from Arizona. the Senator from New York. I respect just identified: to have the pending Kyl

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.124 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7195 amendment, after it is modified, de- five—there are hundreds of amend- I yield the floor. bated. If no one wants to debate, the ments pending—is because he told peo- The PRESIDING OFFICER. The Sen- Chair is going to put the question, or ple just what he would do: He would ob- ator from Michigan. we will have a rollcall on it if people ject to every other amendment unless Mr. LEVIN. Mr. President, I ask want it. And then the floor is open, and his amendment was included. unanimous consent it be in order for I will be offering the next one in line, Let me say here that if this process the following first-degree amendments which is the Sessions amendment. is going to change, it is not going to to be offered: Sessions No. 3009, Cardin Then if people want to debate that or start changing in one of the rare mo- No. 3025, Menendez No. 3232, Nelson of filibuster that, the rules of the Senate ments when the Senator from New Florida no. 3073; that at 9:30 a.m. on allow you to do it. But I don’t think York or some of my colleagues here use Friday, tomorrow, November 30, fol- that is what is going to happen. a process that has been regularly used lowing the prayer, that the Senate pro- The PRESIDING OFFICER. The Sen- by the other side to achieve their goals ceed to votes in relation to the amend- ator from Arizona. or thwart other people’s goals. We are ments in the order listed; that there be Mr. MCCAIN. Mr. President, could I not going to start at this moment 2 minutes equally divided prior to each also add, I think we need to look at changing things when an amendment vote; that there be no amendments in this in the larger context. The larger of great importance to many of us on order to the amendments prior to the context is that there is a looming crisis this side is at risk. I find it unfair and votes. in this body. The majority leader is in fact I find it a little bit turning the Mr. MCCAIN. Reserving the right to going to possibly exercise a nuclear op- world—not the world, but the facts of object, and I will not object, as I under- tion, which then would change the way how this body works—inside out. Be- stand it, there are still no time agree- we do business around here, especially cause it is well known that my good ments on this? on the motion to proceed. The Senator friend from Oklahoma and others have Mr. LEVIN. That is correct. We will from Michigan and I had two goals in used the very rule I have used tonight work out time agreements—— mind: one, to achieve conclusion of the over and over again. That in fact, I Mrs. BOXER. Reserving the right—— Defense authorization bill, which is would say to both my colleagues from Mr. MCCAIN. I still have the floor. Mr. LEVIN. The only time agreement vital to our national security on which Michigan and from Arizona, is one of we have in yet is the time we come in, I think we would all agree. But we also the reasons we are so frustrated with not a time for a vote. wanted to show our colleagues, and the present state of the rules. CCAIN. I wanted to clarify. The PRESIDING OFFICER. The Sen- Mr. M maybe the country, that we could Mr. LEVIN. Oh, I did not state that move forward in a normal fashion with ator from Oklahoma. Mr. COBURN. All we are asking for correctly. I believed, and I am now legislation, amendments, and final wrong, that there would be a time votes without cloture motions, without the veterans of this country is that if their rights are taken away that it be agreement on each amendment that we blocking things, without objecting to would attempt to arrive at. That is not other people’s amendments, and time adjudicated by a judge or magistrate. That is all we are asking. Rather than what this says. This provides, and I am agreements such as we have just com- going to read it again, and I did not lis- pleted in the last 20 hours, some 42 a social worker at the VA—which is what happens today to veterans. We ten to my own reading—that at 9:30, amendments that have been completed. following the prayer tomorrow, the Again, I urge my colleagues, let’s are not asking for anything big. We are Senate proceed to votes in relation to show ourselves and the majority leader just saying if you are going to take the amendments in the order listed and and those who want to exercise this nu- away the second amendment rights, that there be 2 minutes equally divided clear option that we can take up legis- which means all those who truly prior to each vote; and there be no lation in an orderly fashion and come should lose their rights will lose them, amendments in order to the amend- to a conclusion and do the people’s but they ought to have it adjudicated rather than mandated by somebody ments prior to the votes. work. I think we ought to have more debate who is unqualified to state that they There is more here, frankly, than on some of these amendments than should lose their rights. just a refusal to allow an amendment. that. The debates could take place to- We are again going to show that we I will announce today right now that night. I will not object if Senator LEVIN again have to file cloture and then there will Mr. MENENDEZ. Reserving the right offers the request that will put four be people going on and on. Then I say to object, I ask the Senator—— to my friends on this side of the aisle, amendments on the floor. I will not ob- The PRESIDING OFFICER. The Sen- that is going to mean it is more likely ject to that. I want to cooperate in this ator from New Jersey. that we have this showdown which we body. But I think you ought to think Mr. MENENDEZ. Did the Senator say think, many of us think, would be dev- about what we just voted on—which I the only time for debate on these astating to this institution and the voted for—which is to protect the Bill amendments would be 2 minutes? way that it has done business for a cou- of Rights for people of this country. To Mr. LEVIN. Tonight is open for de- ple of hundred years. protect the Bill of Rights for people of bate. Several Senators addressed the this country. There could be no one for Mr. MENENDEZ. Tonight is open. Chair. whom we should want to protect the Tomorrow there would just be 2 min- The PRESIDING OFFICER. The Sen- Bill of Rights more than somebody who utes on each amendment? Because Sen- ator from New York. served our country. ator KIRK and I, and Senator LIEBER- Mr. SCHUMER. Mr. President, I want We can object. All I am saying is, let MAN, have amendments that several to say to my colleague from Arizona I them at least have their day in court if Members have asked to speak on, in- very much appreciate his words and I you are going to take away a funda- cluding the distinguished ranking appreciate the respect he has shown for mental right given under the Constitu- member. I would then urge them to how I feel about this particular issue. tion. I will say today, if the Senator come tonight and speak on it. I will But I would like to say another thing from Michigan offers his unanimous not object. here. We are in a little bit of ‘‘Alice in consent again I will not object and we The PRESIDING OFFICER. The Sen- Wonderland.’’ The number of times I will move forward because I want us to ator from Arizona. Is there objection? have risen to my feet in this body to move forward. I want us to finish this Mr. MCCAIN. I completed my state- object because I did not want an bill. I want the Defense Department to ment. amendment to come forward can be be able to have something they can Mrs. BOXER. Reserving the right to counted on a single hand over the last count on for the next year. But ask object and I will not object, I want to year or two. My good colleague from yourself in your heart, how fair is it? speak for 20 seconds. This is what I Oklahoma has made himself a legisla- We are worried about terrorists and want to say. tive powerhouse by regularly using their Bill of Rights but we are not wor- There are amendments and there are that practice. In fact, my guess is— ried about the people who defend our amendments. We all know that. I think more than my guess, the reason his country and their Bill of Rights? Tell we have shown that we can work to- amendment was included on the list of me how we got to that point. gether. But when you try to repeal a

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Maybe The amendments were agreed to, as (3) The extent to which Boko Haram we ought to have a hearing or two be- follows: threatens the security of citizens of the fore you repeal a law that is so impor- AMENDMENT NO. 2940 United States or the national security or in- tant to the safety of the people. (Purpose: To provide certain requirements terests of the United States. I will not object. I will see you all to- relating to the retirement, adoption, care, (4) Any interaction between Boko Haram morrow. and recognition of military working dogs) and al-Qaeda in the Islamic Maghreb or Mr. COBURN. Reserving the right to At the end of subtitle E of title X, add the other al-Qaeda affiliates with respect to following: operational planning and execution, train- object, this bill came out of the Vet- ing, and funding. erans’ Committee 14 to 0. They had SEC. 1048. MILITARY WORKING DOG MATTERS. (5) The capacity of Nigerian security forces (a) RETIREMENT OF MILITARY WORKING hearings on it. We have done the work. to counter the threat posed by Boko Haram DOGS.— It has been done. It came unanimously and an assessment of the effectiveness of the (1) Section 2583 of title 10, United States strategy of the Nigerian government to date. out of the Veterans’ Committee. There Code, is amended— (6) Any intelligence gaps with respect to is no question about what is right to do (A) by redesignating subsections (f) and (g) the leadership, operational goals, and capa- in terms of protecting—this is not as subsections (g) and (h), respectively; and bilities of Boko Haram. about allowing anybody with any men- (B) by inserting after subsection (e) the fol- (b) SECRETARY OF STATE REPORT.—Not tal disease to have a gun. This is about lowing new subsection (f): later than 90 days after the date the report taking the rights of those who do not ‘‘(f) TRANSFER OF RETIRED MILITARY WORK- required by subsection (a) is submitted to have a mental disease to have their ING DOGS.—If the Secretary of the military Congress, the Secretary of State shall sub- rights restored. department concerned determines that a mit to Congress a report describing the military working dog should be retired, and The PRESIDING OFFICER. Does the strategy of the United States to counter the no suitable adoption is available at the mili- threat posed by Boko Haram. Senator from Oklahoma object? tary facility where the dog is located, the AMENDMENT NO. 3064 Mr. COBURN. I do not. Secretary may transfer the dog— (Purpose: To require a study on the Bradley The PRESIDING OFFICER. There ‘‘(1) to the 341st Training Squadron; or Fighting Vehicle industrial base) has been a unanimous consent request. ‘‘(2) to another location for adoption under If there is no objection, it is so ordered. this section.’’. At the end of subtitle F of title X, add the The Senator from Michigan. (b) VETERINARY CARE FOR RETIRED MILI- following: TARY WORKING DOGS.— SEC. 1064. STUDY ON BRADLEY FIGHTING VEHI- AMENDMENTS NOS. 2940, 3036, 3064, 3114, 3193, 3213, (1) IN GENERAL.—Chapter 50 of title 10, CLE INDUSTRIAL BASE. 3220, 3222, 3237, 3243, 3256, 3260, 3261, 3271, 3275, AND United States Code, is amended by adding at (a) IN GENERAL.—Not later than 90 days 3279 the end the following new section: after the date of the enactment of this Act, Mr. LEVIN. Mr. President, I now call the Secretary of the Army shall conduct a ‘‘§ 993. Military working dogs: veterinary care study on the Bradley Fighting Vehicle indus- up a list of 17 amendments which have for retired military working dogs been cleared by myself and Senator trial base. ‘‘(a) IN GENERAL.—The Secretary of De- (b) CONTENT.—The study required under MCCAIN. I am going to list these fense may establish and maintain a system subsection (a) shall— amendments: to provide for the veterinary care of retired (1) assess the quantitative impacts of a Blumenthal amendment No. 2940, Brown of military working dogs. No funds may be pro- production break for the Bradley Fighting Massachusetts amendment No. 3036, Toomey vided by the Federal Government for this Vehicle, including the cost of shutdown com- amendment No. 3064, Levin amendment No. purpose. pared to the cost of continued production; 3114, Casey amendment No. 3193, Risch ‘‘(b) ELIGIBLE DOGS.—A retired military and amendment No. 3213, Wicker amendment No. working dog eligible for veterinary care (2) assess the qualitative impacts of a pro- 3220, Johanns amendment No. 3222, Coburn under this section is any military working duction break for the Bradley Fighting Vehi- amendment No. 3237, Levin amendment No. dog adopted under section 2583 of this title. cle, including the loss of a specialized work- 3243, Lieberman amendment No. 3256, Cornyn ‘‘(c) STANDARDS OF CARE.—The veterinary force and supplier base. amendment No. 3260, McCain amendment No. care provided under the system authorized AMENDMENT NO. 3114 by this section shall meet such standards as 3261, Kyl amendment No. 3271, Webb amend- (Purpose: To authorize the repair, overhaul, the Secretary shall establish and from time ment No. 3275, Nelson of Nebraska amend- and refurbishment of defense articles for to time update.’’. ment No. 3279. sale or transfer to eligible foreign coun- (2) CLERICAL AMENDMENT.—The table of The PRESIDING OFFICER. Is there tries and entities) sections at the beginning of chapter 50 of objection? such title is amended by adding at the end At the end of subtitle D of title XII, add Mr. MCCAIN. Mr. President, reserv- the following new item: the following: SEC. 1246. PROGRAM ON REPAIR, OVERHAUL, ing the right to object, and I will not ‘‘993. Military working dogs: veterinary care object—— AND REFURBISHMENT OF DEFENSE for retired military working ARTICLES FOR SALE OR TRANSFER The PRESIDING OFFICER. The Sen- dogs.’’. TO ELIGIBLE FOREIGN COUNTRIES ate will come to order. (c) RECOGNITION OF SERVICE OF MILITARY AND ENTITIES. Mr. MCCAIN. We now have 17 more WORKING DOGS.—The Secretary of Defense (a) PROGRAM AUTHORIZED.—The Secretary amendments. We will be proceeding to- may authorize the recognition of military of Defense may carry out a program to re- morrow morning. I want to tell my col- working dogs that are killed, wounded, or pair, overhaul, or refurbish in-stock defense leagues, we will be looking at other missing in action and military working dogs articles in anticipation of the sale or transfer of such defense articles to eligible foreign amendments to put into a package we that perform an exceptionally meritorious or courageous act in service to the United countries or international organizations can agree on, but I also urge many of States. under law. my colleagues who have redundant and (b) FUND FOR SUPPORT OF PROGRAM AU- AMENDMENT NO. 3036 duplicative amendments to look at THORIZED.—The Secretary of Defense may es- (Purpose: To require reports on the potential tablish and administer a fund to be known as their amendments and withdraw them security threat posed by Boko Haram) if possible so we can dispose of remain- the ‘‘Special Defense Repair Fund’’ (in this At the end of subtitle H of title X, add the section referred to as the ‘‘Fund’’) to support ing amendments as soon as possible to- following: the program authorized by subsection (a). morrow. SEC. 1084. REPORTS ON THE POTENTIAL SECU- (c) CREDITS TO FUND.— I thank especially Senator FEINSTEIN RITY THREAT POSED BY BOKO (1) IN GENERAL.—Subject to paragraphs (2) and Senator GRAHAM and Senator HARAM. and (3), the following shall be credited to the AYOTTE and those who were involved in (a) DIRECTOR OF NATIONAL INTELLIGENCE Fund: this whole detainee issue. I think it REPORT.—Not later than 180 days after the (A) Subject to applicable provisions of ap- was a result that helped us to move date of the enactment of this Act, the Direc- propriations Acts, such amounts, not to ex- tor of National Intelligence shall submit to ceed $48,400,000 per fiscal year, from amounts forward enormously. I thank, obvi- Congress an intelligence assessment of the authorized to be appropriated for the Depart- ously, the chairman for his unlimited Nigerian organization known as Boko ment of Defense for operation and mainte- patience, which is a quality which I do Haram. Such assessment shall address the nance for the Army as the Secretary of De- not have. following: fense considers appropriate.

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(B) Notwithstanding section 114(c) of title by the Secretary of Defense with respect to AMENDMENT NO. 3213 10, United States Code, any collection from an amount transferred under paragraph (1) (Purpose: To add the Select Committee on the sale or transfer of defense articles from that all or part of such transfer is not nec- Intelligence and the Committee on Foreign Department of Defense stocks repaired, over- essary for the purposes transferred, such Relations of the Senate and the Permanent hauled, or refurbished with amounts from amount may be transferred back to the Select Committee on Intelligence and the the Fund that are not intended to be re- Fund. Any amount so transferred shall be Committee on Foreign Affairs of the House placed which sale or transfer is made pursu- merged with amounts in the Fund, and shall of Representatives to the list of congres- ant to section 21(a)(1)(A) of the Arms Export remain available until expended. sional committees to receive the submis- Control Act (22 U.S.C. 2761(a)(1)(A)), the For- (g) CERTAIN EXCESS PROCEEDS TO BE CRED- sion of reports on the program for sci- eign Assistance Act of 1961 (22 U.S.C. 2151 et ITED TO SPECIAL DEFENSE ACQUISITION entific engagement for nonproliferation) seq.), or another provision of law. FUND.—Any collection from the sale or Strike section 3114 and insert the fol- (C) Notwithstanding section 37(a) of the transfer of defense articles that are not in- lowing: Arms Export Control Act (22 U.S.C. 2777(a)), tended to be replaced in excess of the any cash payment from the sale or transfer SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGE- amount creditable to the Fund under sub- MENT FOR NONPROLIFERATION. of defense articles from Department of De- section (c)(2)(A) shall be credited to the Spe- fense stocks repaired, overhauled, or refur- (a) PROGRAM REQUIRED.— cial Defense Acquisition Fund established (1) IN GENERAL.—Title XLIII of the Atomic bished with amounts from the Fund that are pursuant to chapter 5 of the Arms Export intended to be replaced. Energy Defense Act (50 U.S.C. 2562 et seq.) is Control Act (22 U.S.C. 2795 et seq.). amended by adding at the end the following (2) LIMITATION ON AMOUNTS CREDITABLE (h) REPORTS.— new section: FROM SALE OR TRANSFER OF ARTICLES.— (1) ANNUAL REPORT.—Not later than 45 days (A) CREDITS IN CONNECTION WITH ARTICLES ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGE- after the end of each fiscal year through the MENT FOR NONPROLIFERATION. NOT TO BE REPLACED.—The amount credited date of expiration specified in subsection (j), to the Fund under paragraph (1)(B) in con- ‘‘(a) PROGRAM REQUIRED.—(1) The Sec- the Secretary of Defense shall submit to the nection with a collection from the sale or retary of Energy shall, acting through the congressional defense committees a report transfer of defense articles may not exceed Administrator of the National Nuclear Secu- on the authorities under this section during the cost incurred by the Department of De- rity Administration, carry out a program on such fiscal year. Each report shall include, fense in repairing, overhauling, or refur- scientific engagement in countries selected for the fiscal year covered by such report, bishing such defense articles under the pro- by the Secretary for purposes of the program the following: gram authorized by subsection (a). in order to advance global nonproliferation (A) The types and quantities of defense ar- (B) CREDITS IN CONNECTION WITH ARTICLES and nuclear security efforts. ticles repaired, overhauled, or refurbished ‘‘(2) The program required by this section TO BE REPLACED.—The amount credited to under the program authorized by subsection the Fund under paragraph (1)(C) in connec- shall be a distinct program from the Global (a). tion with a sale or transfer of defense arti- Initiatives for Proliferation Prevention pro- (B) The value of the repair, overhaul, or re- cles may not exceed the amounts from the gram. furbishment performed under the program. LEMENTS.—The program shall include Fund used to repair, overhaul, or refurbish ‘‘(b) E (C) The amount of operation and mainte- the elements as follows: such defense articles. nance funds credited to the Fund under sub- ‘‘(1) Training and capacity-building to (3) LIMITATION ON SIZE OF FUND.—The total section (c)(1)(A). amount in the Fund at any time may not ex- strengthen nonproliferation and security (D) The amount of any collections from the ceed $50,000,000. best practices. sale or transfer of defense articles repaired, ‘‘(2) Engagement of United States sci- (4) TREATMENT OF AMOUNTS CREDITED.— overhauled, or refurbished under the pro- Amounts credited to the Fund under this entists with foreign counterparts to advance gram that was credited to the Fund under subsection shall be merged with amounts in nonproliferation goals. subsection (c)(1)(B). ‘‘(c) REPORT ON COMMENCEMENT OF PRO- the Fund, and shall remain available until (E) The amount of any cash payments from GRAM.—Funds may not be expended under expended. the sale or transfer of defense articles re- the program required by this section until (d) NONAVAILABILITY OF AMOUNTS IN FUND FOR STORAGE, MAINTENANCE, AND RELATED paired, overhauled, or refurbished under the the Administrator submits to the appro- COSTS.—Following the repair, overhaul, or program that was credited to the Fund under priate congressional committees a report refurbishment of defense articles under the subsection (c)(1)(C). setting forth the following: program authorized by subsection (a), (2) ASSESSMENT REPORT.—Not later than ‘‘(1) For each country selected for the pro- amounts in the Fund may not be used to pay February 1, 2015, the Secretary of Defense gram as of the date of such report— costs of storage and maintenance of such de- shall submit to the congressional defense ‘‘(A) a proliferation threat assessment pre- fense articles or any other costs associated committees a report on the operation of the pared by the Director of National Intel- with the preservation or preparation for sale authorities in this section. The report shall ligence; and or transfer of such defense articles. include an assessment of the effectiveness of ‘‘(B) metrics for evaluating the success of (e) SALES OR TRANSFERS OF DEFENSE ARTI- the authorities in meeting the objectives of the program. CLES.— the program authorized by subsection (a). ‘‘(2) Accounting standards for the conduct (1) IN GENERAL.—Any sale or transfer of de- (i) DEFENSE ARTICLE DEFINED.—In this sec- of the program approved by the Comptroller fense articles repaired, overhauled, or refur- tion, the term ‘‘defense article’’ has the General of the United States. bished under the program authorized by sub- meaning given that term in section 47(3) of ‘‘(d) REPORTS ON MODIFICATION OF PRO- section (a) shall be in accordance with— the Arms Export Control Act (22 U.S.C. GRAM.—Before making any modification in (A) the Arms Export Control Act (22 U.S.C. 2794(3)). the program (whether selecting a new coun- 2751 et seq.); (j) EXPIRATION OF AUTHORITY.—The author- try for the program, ceasing the selection of (B) the Foreign Assistance Act of 1961; or ity to carry out the program authorized by a country for the program, or modifying an (C) another provision of law authorizing subsection (a), and to use amounts in the element of the program), the Administrator such sale or transfer. Fund in support of the program, shall expire shall submit to the appropriate congres- (2) SECRETARY OF STATE CONCURRENCE RE- on September 30, 2015. sional committees a report on the modifica- QUIRED FOR CERTAIN SALES OR TRANSFERS TO tion. If the modification consists of the se- (k) FUNDING FOR FISCAL YEAR 2013.—Of the FOREIGN COUNTRIES.—If the sale or transfer of lection for the program of a country not pre- amounts authorized to be appropriated for defense articles occurs in accordance with a viously selected for the program, the report fiscal year 2013 by section 1504 for Overseas provision of law referred to in paragraph shall include the matters specified in sub- Contingency Operations and available for op- (1)(C) that does not otherwise require the section (c)(1) for the country. eration and maintenance for the Army as concurrence of the Secretary of State for the ‘‘(e) APPROPRIATE CONGRESSIONAL COMMIT- specified in funding table in section 4302, sale or transfer, the sale or transfer may be TEES DEFINED.—In this section, the term ‘ap- $48,400,000 shall be available for deposit in made only with the concurrence of the Sec- propriate congressional committees’ the Fund pursuant to subsection (c)(1)(A), retary of State. means— with the amount of the deposit to be attrib- (f) TRANSFERS OF AMOUNTS.— ‘‘(1) the Committee on Appropriations, the utable to amounts otherwise so available for (1) TRANSFER TO OTHER DEPARTMENT OF DE- Committee on Armed Services, the Com- the YMQ–18A unmanned aerial vehicle, FENSE ACCOUNTS.—Amounts in the Fund may mittee on Foreign Relations, and the Select which has been cancelled. be transferred to any Department of Defense Committee on Intelligence of the Senate; account used to carry out the program au- AMENDMENT NO. 3193 and thorized by subsection (a). Any amount so (Purpose: To require the Department of De- ‘‘(2) the Committee on Appropriations, the transferred shall be merged with amounts in fense to develop a plan to promote the se- Committee on Armed Services, the Com- the account to which transferred, and shall curity of Afghan women and girls during mittee on Foreign Affairs, and the Perma- be available for the same purposes and the the security transition process) nent Select Committee on Intelligence of the same time period as amounts in the account House of Representatives.’’. to which transferred. The text of the amendment is printed (2) CLERICAL AMENDMENT.—The table of (2) TRANSFER FROM OTHER DEPARTMENT OF in today’s RECORD under ‘‘Text of contents in section 4001(b) of such Act (divi- DEFENSE ACCOUNTS.—Upon a determination Amendments.’’ sion D of Public Law 107–314) is amended by

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.097 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7198 CONGRESSIONAL RECORD — SENATE November 29, 2012 inserting after the item relating to section the Iron Dome system to address those [which concluded that] . . . the most logical 4308 the following new item: threats. is to set it up as a sub unified and grow it to ‘‘Sec. 4309. Program on scientific engage- (9) The Iron Dome system has successfully a unified, and I think that’s the process that ment for nonproliferation.’’. intercepted hundreds of rockets targeting we’re going to work our way through’’. (b) REPORT ON COORDINATION WITH OTHER population centers in Israel. (4) On October 11, 2012, Secretary of De- UNITED STATES NONPROLIFERATION PRO- (10) The Iron Dome system has maintained fense Leon Panetta discussed cybersecurity GRAMS.—Not later than 180 days after the a success rate of close to 90 percent. in a speech to the Business Executives for date of the enactment of this Act, the Ad- (11) The Government of Israel currently National Security in New York, New York, ministrator of the National Nuclear Security maintains 5 Iron Dome batteries, a number specifically calling for a strengthening of the Administration shall submit to the appro- insufficient to protect all of Israel. United States Cyber Command and stating priate congressional committees a report de- (12) It appears that approximately 10 addi- that the Department of Defense ‘‘must en- scribing the manner in which the program on tional Iron Dome batteries are needed to pro- sure that [the United States Cyber Com- scientific engagement for nonproliferation tect all of Israel. mand] has the resources, that it has the au- under section 4309 of the Atomic Energy De- (13) The United States Government, recog- thorities, that it has the capabilities re- fense Act (as added by subsection (a)) coordi- nizing the threat to Israeli citizens and de- quired to perform this growing mission. And nates with and complements, but does not sirous of promoting peace, approved funding it must also be able to react quickly to duplicate, other nonproliferation programs to assist the Government of Israel in pro- events unfolding in cyberspace and help fully of the United States Government. curing Iron Dome batteries. integrate cyber into all of the department’s (c) COMPTROLLER GENERAL OF THE UNITED (14) Israel maintains a significant inven- plans and activities.’’. STATES REPORT.—Not later than two years tory of Iron Dome interceptors which has (b) SENSE OF CONGRESS.—Congress— after the date of the enactment of this Act, been reduced due to attacks from Gaza. (1) recognizes the serious cyber threat to the Comptroller General of the United States (15) Israel used a significant number of pre- national security and the need to work both shall submit to the appropriate congres- cision-guided munitions in order to destroy offensively and defensively to protect the sional committees a report on the program military targets while minimizing civilian Nation’s networks and critical infrastruc- on scientific engagement for nonprolifera- casualties in its recent defensive effort in ture; tion under section 4309 of the Atomic Energy Gaza. (2) acknowledges the importance of the Defense Act (as so added). The report shall (16) President Barack Obama has expressed unified command structure of the Depart- include an assessment by the Comptroller his intention to seek additional funding for ment in directing military operations in General of the success of the program, as de- Iron Dome and other United States-Israel cyberspace and recognizes that a change in termined in accordance with the metrics for missile defense systems. the status of the United States Cyber Com- evaluating the success of the program under (b) SENSE OF CONGRESS.—Congress— mand has Department-wide and national se- subsection (c)(1)(B) of such section 4309, and (1) reaffirms its commitment to the secu- curity implications, which require careful such other matters on the program as the rity of our ally and strategic partner, Israel; consideration; Comptroller General considers appropriate. (2) fully supports Israel’s right to defend (3) expects to be briefed and consulted (d) APPROPRIATE CONGRESSIONAL COMMIT- itself against acts of terrorism; about any proposal to elevate the United TEES DEFINED.—In this section, the term (3) sympathizes with the families of States Cyber Command to a unified com- ‘‘appropriate congressional committees’’ Israelis who have come under the indiscrimi- mand before a decision by the Secretary means— nate rocket fire from Hamas-controlled make such a proposal to the President and to (1) the Committee on Appropriations, the Gaza; receive, at a minimum— Committee on Armed Services, the Com- (4) recognizes the exceptional success of (A) a clear statement of mission and re- mittee on Foreign Relations, and the Select the Iron Dome Missile Defense system in de- lated legal definitions; Committee on Intelligence of the Senate; fending the population of Israel; (B) an outline of the specific national secu- and (5) desires to help ensure that Israel has rity benefits of elevating the sub-unified (2) the Committee on Appropriations, the the means to defend itself against terrorist United States Cyber Command to a unified Committee on Armed Services, the Com- attacks, including through the acquisition of command; mittee on Foreign Affairs, and the Perma- additional Iron Dome batteries and intercep- (C) an estimate of the cost of creating a nent Select Committee on Intelligence of the tors; and unified United States Cyber Command and a House of Representatives. (6) urges the Departments of Defense and justification of the expenditure; and AMENDMENT NO. 3220 State to explore with their Israeli counter- (D) if the Secretary considers it advisable (Purpose: To express the sense of Congress in parts and alert Congress of any needs the to continue the designation of the Com- support of the Israeli Iron Dome defensive Israeli Defense Force may have for addi- mander of the United States Cyber Command weapon system) tional Iron Dome batteries, interceptors, or as also being the Director of the National Se- other equipment depleted during the current curity Agency— At the end of subtitle D of title XII, add conflict. (i) an explanation of how a single indi- the following: AMENDMENT NO. 3222 vidual could serve as a commander of a com- SEC. 1246. SENSE OF CONGRESS ON THE ISRAELI batant command that conducts overt, albeit IRON DOME DEFENSIVE WEAPON (Purpose: To express the expectation of Con- SYSTEM. gress to be consulted by the Secretary of clandestine, cyber operations under title 10, (a) FINDINGS.—Congress makes the fol- Defense before the Secretary pursues a United States Code, as well as the director of lowing findings: change in the command status of the an intelligence agency that conducts covert (1) The citizens of Israel have suffered United States Cyber Command) cyber operations under the National Secu- under a continual barrage of missiles, rock- At the end of subtitle C of title IX, add the rity Act of 1947 (50 U.S.C. 401 et seq.) in a ets, and mortar shells from the Hamas-con- following: manner that affords deniability to the United States; and trolled Gaza Strip. SEC. 935. SENSE OF CONGRESS ON THE UNITED (2) Hamas has been designated by the Sec- STATES CYBER COMMAND. (ii) a statement of whether the Secretary retary of State as a Foreign Terrorist Orga- (a) FINDINGS.—Congress makes the fol- believes it is appropriate either to appoint a nization. lowing findings: line officer as the Director of the National (3) Hamas and other terrorist groups in (1) On June 23, 2009, the Secretary of De- Security Agency or to take the unprece- Gaza have routinely used human shields and fense directed the Commander of the United dented step of appointing an intelligence of- launched rockets from civilian areas. States Strategic Command to establish the ficer as a unified commander; and (4) Israel has gone to extraordinary lengths United States Cyber Command, which be- (4) believes that appropriate policy founda- to avoid Palestinian civilian casualties, in- came operational on May 21, 2010, and oper- tions and standing rules of engagement must cluding aborting attacks on military targets ates as a sub-unified command subordinate be in place before any decision to create a because of the presence of civilians, alerting to the United States Strategic Command. unified United States Cyber Command. civilians to leave areas of potential conflict, (2) In May 2012, media reports indicated AMENDMENT NO. 3237 and allowing the importation of medical and that General Martin Dempsey, the Chairman (Purpose: To set forth consequences for the other supplies into Gaza. of the Joint Chiefs of Staff, planned to rec- failure of the Department of Defense to ob- (5) Israel faces additional rocket and mis- ommend to Secretary of Defense Leon Pa- tain audits with an unqualified opinion on sile threats from Lebanon and Syria. netta that the two-year-old United States its financial statements by fiscal year 2017) (6) The Government of Iran has supplied Cyber Command be elevated to full combat- At the end of subtitle A of title IX, add the Hamas with advanced longer range missiles ant command status. following: such as the Fajar–5. (3) On August 14, 2012, General Keith Alex- SEC. 903. FAILURE OF THE DEPARTMENT OF DE- (7) Hamas has deployed these weapons to ander, the Commander of the United States FENSE TO OBTAIN AUDITS WITH AN be fired from within their own civilian popu- Cyber Command and the Director of the Na- UNQUALIFIED OPINION ON ITS FI- lation. tional Security Agency, addressed the NANCIAL STATEMENTS BY FISCAL (8) The Government of Israel, taking seri- TechNet Land Forces conference and stated YEAR 2017. ously the threat of short range rockets and that ‘‘[i]n 2007 we drafted . . . a paper . . . If the Department of Defense fails to ob- mortars, designed, developed, and produced about establishing a Cyber Command . . . tain an audit with an unqualified opinion on

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(2) The United States and Afghanistan are CHIEF MANAGEMENT OFFICER.— (v) Section 137a(d) of such title is amended committed to the framework agreed to at (A) POSITION OF CHIEF MANAGEMENT OFFI- by striking ‘‘the Secretaries of the military the North Atlantic Treaty Organization CER.—Section 132a of title 10, United States departments,’’ and all that follows and in- (NATO) Summit in Lisbon in 2010, and re- Code, is amended to read as follows: serting ‘‘the Chief Management Officer of affirmed at the NATO Summit in Chicago in ‘‘§ 132a. Chief Management Officer the Department of Defense, the Secretaries 2012, for the transition from coalition forces of the military departments, and the Under to the Afghan National Security Forces of ‘‘(a) IN GENERAL.—(1) There is a Chief Man- Secretaries of Defense.’’. lead responsibility for security throughout agement Officer of the Department of De- (vi) Section 138(d) of such title is amended Afghanistan by the end of 2014. fense, appointed from civilian life by the by striking ‘‘the Secretaries of the military (3) In June 2011, President Barack Obama President, by and with the advice and con- departments,’’ and all that follows through said, ‘‘What we can do, and will do, is build sent of the Senate. the period and inserting ‘‘the Chief Manage- a partnership with the Afghan people that ‘‘(2) Any individual nominated for appointment Officer of the Department of Defense, endures—one that ensures that we will be ment as Chief Management Officer shall be the Secretaries of the military departments, able to continue targeting terrorists and an individual who has— the Under Secretaries of Defense, and the Di- supporting a sovereign Afghan government.’’ ‘‘(A) extensive executive level leadership rector of Defense Research and Engineer- (4) In November 2011, a traditional loya and management experience in the public or ing.’’. jirga in Kabul declared that ‘‘strategic co- private sector; (C) CLERICAL AMENDMENT.—The table of operation with the United States of America, ‘‘(B) strong leadership skills; sections at the beginning of chapter 4 of such which is a strategic ally of the people and ‘‘(C) a demonstrated ability to manage title is amended by striking the item relat- government of Afghanistan, is considered large and complex organizations; and ing to section 132a and inserting the fol- important in order to ensure political, eco- ‘‘(D) a proven record in achieving positive lowing new item: nomic, and military security’’ and also stat- operational results. ‘‘132a. Chief Management Officer.’’. ed, ‘‘Signing a strategic cooperation docu- ‘‘(b) POWERS AND DUTIES.—The Chief Man- (D) EXECUTIVE SCHEDULE.—Section 5313 of ment with the United States conforms with agement Officer shall perform such duties title 5, United States Code, is amended by the national interest of Afghanistan and is of and exercise such powers as the Secretary of adding at the end the following: significant importance.’’ Defense may prescribe. ‘‘Chief Management Officer of the Depart- (5) On May 2, 2012, President Obama and ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- ment of Defense.’’. President Hamid Karzai signed the Enduring CER.—(1) The Chief Management Officer is (E) REFERENCE IN LAW.—Any reference in Strategic Partnership Agreement Between the Chief Management Officer of the Depart- any provision of law to the Chief Manage- the United States of America and the Is- ment of Defense. ment Officer of the Department of Defense lamic Republic of Afghanistan. ‘‘(2) In serving as the Chief Management shall be deemed to refer to the Chief Man- (6) At the signing of the Enduring Stra- Officer of the Department of Defense, the agement Officer of the Department of De- tegic Partnership Agreement, President Chief Management Officer shall be respon- fense under section 132a of title 10, United Obama said, ‘‘Today we’re agreeing to be sible for the management and administra- States Code (as amended by this paragraph). long-term partners in combating terrorism, tion of the Department of Defense with re- (2) JURISDICTION OF DFAS.— and training Afghan security forces, spect to the following: (A) TRANSFER TO DEPARTMENT OF THE strengthening democratic institutions and ‘‘(A) The expenditure of funds, accounting, TREASURY.—Jurisdiction of the Defense Fi- supporting development, and protecting and finance. nance and Accounting Service (DFAS) is human rights of all Afghans. With this ‘‘(B) Procurement, including procurement transferred from the Department of Defense agreement, the Afghan people, and the of any enterprise resource planning (ERP) to the Department of the Treasury. world, should know that Afghanistan has a system and any information technology (IT) (B) ADMINISTRATION.—The Secretary of the friend and a partner in the United States.’’ system that is a financial feeder system, Treasury shall administer the Defense Fi- (7) At a May 20, 2012, bilateral meeting human resources system, or logistics system. nance and Accounting Service following with President Karzai at the NATO Summit ‘‘(C) Facilities, property, nonmilitary transfer under this paragraph through the in Chicago, President Obama said that the equipment, and other resources. Financial Management Service of the De- Enduring Strategic Partnership Agreement ‘‘(D) Strategic planning, and annual per- partment of the Treasury. ‘‘reflects a future in which two sovereign na- formance planning, and identification and (C) MEMORANDUM OF UNDERSTANDING.—The tions—the United States and Afghanistan— tracking of performance measures. Secretary of Defense and the Secretary of are operating as partners, to the benefit of ‘‘(E) Internal audits and management anal- the Treasury shall jointly enter into a our countries’ citizens, but also for the ben- yses of the programs and activities of the memorandum of understanding regarding the efit of peace and security and stability in the Department, including the Defense Contract transfer of jurisdiction of the Defense Fi- region and around the world’’. Audit Agency. nance and Accounting Service under this (8) President Karzai said at the May 20, ‘‘(F) Such other areas or matters as the paragraph. The memorandum of under- 2012, bilateral meeting with President Secretary of Defense may designate. standing shall provide for the transfer of the Obama, ‘‘Mr. President, the partnership that ‘‘(3) The head of the Defense Contract personnel and other resources of the Service we signed a few weeks ago in Kabul has Audit Agency shall be under the supervision to the Department of the Treasury and for turned a new page in our relations. And the of, and shall report directly to, the Chief the assumption of responsibility for such new page is a page of two sovereign countries Management Officer. personnel and resources by the Department working together for the mutual interests— ‘‘(d) PRECEDENCE.—The Chief Management of the Treasury. peace and security and in all other areas.’’ Officer takes precedence in the Department (D) CONSTRUCTION.—Nothing in this para- (9) On May 26, 2012, the Wolesi Jirga, the of Defense after the Secretary of Defense and graph shall be construed as terminating, al- lower house of the Afghan parliament, ap- the Deputy Secretary of Defense.’’. tering, or revising any responsibilities or au- proved the Agreement by a vote of 191–7 with (B) CONFORMING AMENDMENTS.— thorities of the Defense Finance and Ac- 2 abstentions. (i) Section 131(b) of title 10, United States counting Service (other than responsibilities (10) On June 3, 2012, the Meshrano Jirga, Code, is amended— and authorities in connection with the exer- the upper house of the Afghan parliament, (I) by striking paragraph (3); cise of jurisdiction of the Service following approved the Agreement by a vote of 67–13. (II) by redesignating paragraph (2) as para- transfer under this paragraph). (11) On July 8, 2012, at the Tokyo Con- graph (3); and AMENDMENT NO. 3243 ference on Afghanistan, the international (III) by inserting after paragraph (1) the (Purpose: To commend the Enduring Stra- community and the Government of Afghani- following new paragraph (2): tegic Partnership Agreement between the stan reaffirmed their partnership in the eco- ‘‘(2) The Chief Management Officer of the United States of America and the Islamic nomic growth and development of Afghani- Department of Defense.’’. Republic of Afghanistan) stan through a process of mutual commit- (ii) Section 132 of such title is amended— At the end of subtitle B of title XII, add ments and accountability. (I) by striking subsection (c); and the following: (12) On July 4, 2012, the Enduring Strategic (II) by redesignating subsections (d) and (e) Partnership Agreement entered into force. SEC. 1221. SENSE OF CONGRESS COMMENDING as subsections (c) and (d), respectively. ENSE OF ONGRESS THE ENDURING STRATEGIC PART- (b) S C .—It is the sense of (iii) Section 133(e)(1) of such title is amend- NERSHIP AGREEMENT BETWEEN Congress that— ed by striking ‘‘and the Deputy Secretary of THE UNITED STATES AND AFGHANI- (1) the members of the United States Defense’’ and inserting ‘‘, the Deputy Sec- STAN. Armed Forces, intelligence community, and retary of Defense, and the Chief Management (a) FINDINGS.—Congress makes the fol- diplomatic and development community of Officer of the Department of Defense’’. lowing findings: the United States are to be commended for (iv) Such title is further amended by in- (1) The United States and Afghanistan their dedicated efforts and sacrifices in sup- serting ‘‘the Chief Management Officer of have been allies in the conflict against al port of military and stability operations in

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Afghanistan that have helped strengthen se- (2) REPORT.—Not later than 90 days after AMENDMENT NO. 3260 curity in Afghanistan, laid the foundation receiving from the Director of Joint Force (Purpose: To prohibit the use of funds to for transition to a long-term partnership be- Development the report described in para- enter into contracts or agreements with tween the United States and a sovereign Af- graph (1), the Comptroller General shall sub- Rosoboronexport) ghanistan, and supported the Government mit to the Committees on Armed Services of and people of Afghanistan as they continue the Senate and the House of Representatives At the end of subtitle E of title X, add the to build their capacity to effectively and a report on the review under paragraph (1) of following: justly govern; the report described in that paragraph. The (2) the United States negotiating team for report of the Comptroller General under this SEC. 1048. PROHIBITION ON FUNDS TO ENTER the Enduring Strategic Partnership Agree- INTO CONTRACTS OR AGREEMENTS paragraph shall set forth the following: ment, including the United States Embassy WITH ROSOBORONEXPORT. (A) The results of the review under para- personnel in Kabul under the leadership of graph (1). (a) PROHIBITION.—None of the funds author- Ambassador Ryan Crocker, is to be com- ized to be appropriated by this Act may be mended for its committed diplomatic efforts; (B) Such recommendations as the Comp- troller General considers appropriate in light used to enter into a contract, memorandum (3) the Governments of the United States of understanding, or cooperative agreement and Afghanistan are to be commended for of the results of the review. with, to make a grant to, or to provide a concluding the Enduring Strategic Partner- (b) REPORT ON JOINT PROFESSIONAL MILI- loan or loan guarantee to Rosoboronexport. ship Agreement; TARY EDUCATION RESEARCH INSTITUTIONS.— (4) Congress supports the objectives and (1) REPORT REQUIRED.—Not later than Jan- (b) NATIONAL SECURITY WAIVER AUTHOR- principles of the Enduring Strategic Partner- uary 31, 2014, the Comptroller General of the ITY.—The Secretary of Defense may waive ship Agreement, including protecting and United States shall submit to the congres- the applicability of subsection (a) if the Sec- promoting shared democratic values, ad- sional defense committees a report setting retary determines that such a waiver is in vancing long-term security, reinforcing re- forth the assessment by the Comptroller the national security interests of the United gional security and cooperation, fostering General of the work performed by joint pro- States with respect to the capacity of the Af- social and economic development, upholding fessional military education research insti- ghan National Security Forces (ANSF). the rights of women and minorities, and tutions in support of professional military strengthening institutions and governance in AMENDMENT NO. 3261 Afghanistan; education and the broader mission of the De- (5) it is essential that the Government and partment of Defense, the military depart- (Purpose: To require the submittal to Con- people of Afghanistan fulfill Afghanistan’s ments, and the Defense Agencies. gress of risk assessments on changes in international commitments as agreed at the (2) ELEMENTS.—The report required by United States troop levels in Afghanistan) paragraph (1) shall include an assessment of Tokyo Conference of July 2012, the Bonn At the end of subtitle C of title XV, add the the following: Conference of December 2011, the Kabul Con- following: ference of July 2011, and other venues to (A) The systems, mechanisms, and struc- combat corruption, protect the equal rights tures within the senior and intermediate SEC. 1536. SUBMITTAL TO CONGRESS OF RISK AS- of all citizens of Afghanistan and enforce the joint professional military education col- SESSMENTS ON CHANGES IN UNITED rule of law, hold free and fair elections in leges and universities for oversight, govern- STATES TROOP LEVELS IN AFGHANI- STAN. 2014, and build inclusive and effective insti- ance, and management of the joint profes- tutions of democratic governance; sional military education research institu- (a) SUBMITTAL REQUIRED.—Not later than (6) a key national security interest of the tions, including systems, mechanisms, and 30 days after a decision by the President to United States is to maintain a long-term po- structures relating to the development of change the levels of United States Armed litical, economic, and military relationship policies and budgets for research. Forces deployed in Afghanistan, the Chair- with Afghanistan, including a limited pres- (B) The factors contributing to and the ex- man of the Joint Chiefs of Staff shall, ence of United States Armed Forces for the tent of growth in the number and size of through the Secretary of Defense, submit to purpose of training, advising, and supporting joint professional military education re- the congressional defense committees a de- Afghan National Security Forces and cooper- search institutions since 2000. tailed assessment of the risk to the United ating on shared counterterrorism objectives; (7) the negotiation and conclusion of a Bi- (C) The causes and extent of cost growth at States mission and interests in Afghanistan lateral Security Agreement, as called for in joint professional military education re- as the change in levels is implemented. the Enduring Strategic Partnership Agree- search institutions since 2000. (b) ELEMENTS.—The risk assessment under ment, will provide a fundamental framework (D) The focus of research activity con- subsection (a) on a change in levels of United for the long-term security relationship be- ducted by the joint professional military States Armed Forces in Afghanistan shall in- tween the United States and Afghanistan; education research institutions, and the exclude the following: and tent to which each joint professional mili- (1) A description of the current security (8) Congress has a critical role in con- tary education research institution performs situation in Afghanistan. tinuing to provide the support and assistance a unique research function or engages in (2) A description of any anticipated necessary to achieve the goals of the Endur- similar or duplicative efforts with other changes to United States military operations ing Strategic Partnership Agreement. components or elements of the Department and objectives in Afghanistan associated AMENDMENT NO. 3256 of Defense. with such change in levels. (Purpose: To require reports from the Comp- (E) The measures of effectiveness used by (3) An identification and assessment of any troller General of the United States on cer- the joint professional military education re- changes in United States military capabili- tain aspects of joint professional military search institutions, the senior and inter- ties, including manpower, logistics, intel- education) mediate joint professional military edu- ligence, and mobility support, in Afghani- At the end of subtitle F of title V, add the cation colleges and universities, and other stan associated with such change in levels. following: oversight entities to evaluate the perform- (4) An identification and assessment of the SEC. 561. COMPTROLLER GENERAL OF THE ance of the joint professional military edu- risk associated with any changes in United UNITED STATES REPORTS ON JOINT cation research institutions in meeting es- States mission, military capabilities, oper- PROFESSIONAL MILITARY EDU- tablished goals or objectives. ations, and objectives in Afghanistan associ- CATION MATTERS. (3) DEFINITIONS.—In this subsection: ated with such change in levels. (a) REPORT ON REVIEW OF MILITARY EDU- (A) The term ‘‘joint professional military (5) An identification and assessment of any CATION COORDINATION COUNCIL REPORT.— education research institutions’’ means sub- capability gaps within the Afghanistan secu- (1) REVIEW OF METHODOLOGY.—The Comp- rity forces that will impact their ability to ordinate organizations (including centers, troller General of the United States shall re- conduct operations following such change in institutes, and schools) under the senior and view the methodology used by the Military levels. intermediate joint professional military edu- Education Coordination Council in com- (6) An identification and assessment of the piling the report on joint professional mili- cation colleges and universities for which re- risk associated with the transition of combat tary education that is to be submitted to the search is the primary mission or reason for responsibilities to the Afghanistan security Director of Joint Force Development by existence. forces following such change in levels. March 1, 2013, pursuant to the Joint Staff (B) The term ‘‘senior and intermediate (7) An assessment of the impact of such Memorandum, Joint Staff Review, dated joint professional military education col- change in levels on coalition military con- July 16, 2012. The review shall include an ex- leges and universities’’ means the following: tributions to the mission in Afghanistan. amination of the analytical approach used (i) The National Defense University. (8) A description of the assumptions to be by the Council for that report, including the (ii) The Army War College. in force regarding the security situation in types of information considered, the cost (iii) The Navy War College. Afghanistan following such change in levels. savings identified, the benefits of options (iv) The Air University. (9) Such other matters regarding such considered, the time frames for implementa- (v) The Air War College. change in levels as the Chairman considers tion, and transparency. (vi) The Marine Corp University. appropriate.

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AMENDMENT NO. 3271 AMENDMENT NO. 3279 clear Security Administration to levels (Purpose: To promote the development of an (Purpose: To express the sense of Congress below the standards of the Department of adequate, reliable, and stable supply of that external and independent oversight of Energy, or transfers construction appropria- critical and essential minerals in the the National Nuclear Security Administra- tions for the nuclear security enterprise United States in order to strengthen and tion by the Department of Energy is crit- from the Department of Energy appropria- sustain the military readiness, national se- ical to the mission of protecting the tion account to the military construction curity, and critical infrastructure of the United States nuclear security enterprise) appropriation account, should be carefully United States) At the end of title XXXI, add the fol- evaluated; lowing: (3) the Office of Health, Safety, and Secu- At the end of subtitle D of title XIV, add rity of the Department of Energy, which re- Subtitle D—Other Matters the following: ports to the Secretary of Energy but is also SEC. 1433. POLICY OF THE UNITED STATES WITH SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT accountable for routinely reporting to Con- RESPECT TO A DOMESTIC SUPPLY OF THE NUCLEAR SECURITY ENTER- PRISE. gress on the performance with respect to OF CRITICAL AND ESSENTIAL MIN- safety and security of the Department, in- ERALS. (a) FINDINGS.—Congress makes the following findings: cluding the National Nuclear Security Ad- (a) POLICY OF THE UNITED STATES.—It is ministration, and the role of that Office in the policy of the United States to promote (1) In 2000, the National Nuclear Security Administration was established as an inde- overseeing safety and security at the Na- the development of an adequate, reliable, tional Nuclear Security Administration, and stable supply of critical and essential pendent entity within the Department of En- ergy to manage and secure the nuclear weap- should not be diminished but should be rou- minerals in the United States in order to tinely evaluated; strengthen and sustain the military readi- ons stockpile of the United States and to manage nuclear nonproliferation and naval (4) any future modifications to the man- ness, national security, and critical infra- agement or structure of the nuclear security structure of the United States. reactor programs. (2) Serious security and health incidents enterprise should be done in a way that (b) COORDINATION OF DEVELOPMENT OF SUP- continue to occur at sites of the National maintains or increases oversight of critical PLY OF CRITICAL AND ESSENTIAL MINERALS.— Nuclear Security Administration. construction, security, and acquisition capa- To implement the policy described in sub- (3) In September 2012, an official of the bilities; section (a), the President shall, acting Government Accountability Office testified (5) to the extent possible, oversight of pro- through the Executive Office of the Presi- to Congress that lax laboratory attitudes to- grams of the National Nuclear Security Ad- dent, coordinate the actions of the appro- ward safety procedures, laboratory inadequa- ministration by the Department of Defense priate federal agencies to identify opportuni- cies in identifying and addressing safety should increase to ensure current and future ties for and to facilitate the development of problems with appropriate corrective ac- warfighting requirements are met; and resources in the United States to meet the tions, and inadequate oversight by site of- (6) the Nuclear Weapons Council should critical and essential mineral needs of the fices of the National Nuclear Security Ad- provide proper oversight in the execution of United States. ministration were responsible for nearly 100 its responsibilities under section 179 of title AMENDMENT NO. 3275 safety incidents since 2000. 10, United States Code. (Purpose: To express the sense of the Senate (4) On July 28, 2012, three unarmed individ- The PRESIDING OFFICER. The Sen- on the situation in the Senkaku Islands) uals compromised security at the Y–12 Na- ator from Michigan. tional Security Complex in Oak Ridge, Ten- Mr. LEVIN. I ask unanimous consent At the end of subtitle D of title XII, add nessee, and according to the Government Ac- the following: that regarding these amendments, countability Office, ‘‘gained access to the which I believe by the Chair’s ruling SEC. 1246. SENSE OF THE SENATE ON THE SITUA- protected security area directly adjacent to TION IN THE SENKAKU ISLANDS. one of the nation’s most critically important have been—are to be considered en It is the sense of the Senate that— nuclear weapons-related facilities’’. bloc, also that the motion to recon- (1) the East China Sea is a vital part of the (5) In June 2006, hackers attacked an un- sider be laid on the table. maritime commons of Asia, including crit- classified computer system at the National The PRESIDING OFFICER. Without ical sea lanes of communication and com- Nuclear Security Administration’s Service objection, it is so ordered. merce that benefit all nations of the Asia- Center in Albuquerque, New Mexico, and Mr. LEVIN. I thank the Presiding Of- Pacific region; gained access to a file containing the names ficer. My understanding is now that (2) the peaceful settlement of territorial and social security numbers of more than the Senate floor is open to debate. and jurisdictional disputes in the East China 1,500 employees of the National Nuclear Se- Sea requires the exercise of self-restraint by curity Administration. Hopefully people who want to debate all parties in the conduct of activities that (6) As early as February 2005, the Inspector on these four amendments will debate would complicate or escalate disputes and General of the Department of Energy identi- tonight so the 2 minutes tomorrow will destabilize the region, and differences should fied problems with the retrieval of badges be adequate. be handled in a constructive manner con- from terminated employees at Los Alamos I yield the floor. sistent with universally recognized prin- National Laboratory and other sites of the The PRESIDING OFFICER. The Sen- ciples of customary international law; National Nuclear Security Administration. ator from New Jersey. (3) while the United States takes no posi- (7) In 2004, a pattern of safety and security Mr. MENENDEZ. Mr. President, if I tion on the ultimate sovereignty of the incidents that occurred over the course of a Senkaku islands, the United States acknowl- year prompted the stand-down of Los Alamos could ask the distinguished chairman a edges the administration of Japan over the National Laboratory. question, I would assume, then, that at Senkaku Islands; (8) The National Nuclear Security Admin- this point I would not have to call up (4) The unilateral actions of a third party istration, independent of the safety and secu- the amendment? That would be in will not affect the United States’ acknowl- rity reform efforts of the Department of En- order tomorrow? edgement of the administration of Japan ergy, has launched an overhaul of its con- Mr. LEVIN. No. over the Senkaku Islands; tracting oversight, placing an emphasis on AMENDMENT NO. 3232 (5) the United States has national interests contractor self-policing through an untested in freedom of navigation, the maintenance of ‘‘contractor assurance’’ approach. Mr. MENENDEZ. Mr. President, I peace and stability, respect for international (9) The Government Accountability Office will ask to call up my amendment, the law, and unimpeded lawful commerce; has given the contractor administration and only amendment I have pending with (6) the United States supports a collabo- project management capabilities of the Na- Senator KIRK. rative diplomatic process by claimants to re- tional Nuclear Security Administration a The PRESIDING OFFICER. Without solve territorial disputes without coercion, ‘‘high risk’’ designation and found there to objection, it is so ordered. and opposes efforts at coercion, the threat of be insufficient qualified Federal acquisition The clerk will report. use of force, or use of force by any claimant professionals to ‘‘plan, direct, and oversee in seeking to resolve sovereignty and terri- project execution’’. The assistant legislative clerk read torial issues in the East China Sea; (b) SENSE OF CONGRESS.—It is the sense of as follows: (7) the United States reaffirms its commit- Congress that— The Senator from New Jersey [Mr. MENEN- ment to the Government of Japan under Ar- (1) there is a need for strong, independent DEZ], for himself and Mr. KIRK, and Mr. LIE- ticle V of the Treaty of Mutual Cooperation oversight of the United States nuclear secu- BERMAN, proposes an amendment numbered and Security that ‘‘[e]ach Party recognizes rity enterprise; 3232. that an armed attack against either Party in (2) any attempt to reform oversight of the Mr. MENENDEZ. I ask unanimous the territories under the administration of nuclear security enterprise that transfers Japan would be dangerous to its own peace oversight from the Department of Energy to consent further reading of the amend- and safety and declares that it would act to the National Nuclear Security Administra- ment be dispensed with. meet the common danger in accordance with tion, reduces protections for worker health The PRESIDING OFFICER. Without its constitutional provisions and processes’’. and safety at facilities of the National Nu- objection, it is so ordered.

VerDate Mar 15 2010 07:30 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.100 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7202 CONGRESSIONAL RECORD — SENATE November 29, 2012 (The text of the amendment is print- The sanctions passed by this body thereby blocking their assets and pre- ed in today’s RECORD under ‘‘Text of unanimously last December are having venting others from doing business Amendments.’’) a significant impact. The Iranian cur- with the IRIB. Mr. MENENDEZ. Mr. President, first rency, the rial, has lost much of its To address concerns about access to I appreciate where we are. This is a bi- value, and Iran’s oil exports have humanitarian goods in Iran, which is a partisan amendment. It is an amend- dropped to a new daily low of 860,000 very real and serious concern, we have ment with Senator KIRK and Senator barrels per day, which is over 1 million provided for exceptions for the provi- LIEBERMAN. It is a continuing perfec- barrels of oil per day less than 1 year sion and sale to Iran of food, agricul- tion of sanctions as it relates to Iran ago. tural commodities, medicine, medical that has been unanimously passed by Through our sanctions and the com- devices, and other humanitarian goods. this body approximately a year ago bined effort of the European Union, we We have imposed new human rights last December. Iran has set its sights have forced the Iranians back to the sanctions on those in Iran who are en- on achieving nuclear weapons capa- negotiating table. By passing these ad- gaged in corruption or the diversion of bility and this would not be in the na- ditional measures—requiring the ces- resources related to these goods and tional security interests of the United sation of sales to and transactions that are preventing them from reach- States because we have tens of thou- within Iranian sectors that support ing the Iranian people. sands of our troops who would be in proliferation, including energy, ship- Our message is clear. The window is harm’s way if Iran had nuclear weap- ping, shipbuilding, and port sectors, as closing. The time for the waiting game ons. well as anyone on our specially des- is over. Yes, our sanctions are having a It would also not be in our national ignated national list—we will send a demonstrable effect on the Iranian security interests because we clearly message to Iran that the time for con- economy, but Iran is still working just have to ensure that the Straits of fidence-building measures is over. We as hard to develop nuclear weapons. Hormuz remain open and accessible do not want the Iranian regime simply Iran has to decide what it will do. Will and we would be obligated under our to believe they can toughen out the it continue down the path to prolifera- NATO agreements to respond should a sanctions. This sends a clear message tion and risk further crushing eco- Shabab missile be launched against one that toughening it out will not work nomic sanctions or will it end the mad- of our allies. Of course a Shabab mis- and it will only get worse. ness and negotiate a responsible end to sile is an Iranian missile that has the If Iran is serious about wanting to its nuclear ambition? The waiting type of flight and capability to do so. reach a diplomatic solution, then it It is not in our national security in- game is over and, in the end, one way must quickly and fully implement U.N. terests because the last thing we need or the other, Iran will not be allowed Security Council resolutions. It must is a nuclear arms race in the tinderbox to acquire a nuclear weapon that could stop enriching uranium, permit re- of the world where countries, for exam- threaten the national interests and se- ple, such as Turkey and Saudi Arabia moval from its territory of enriched curity interests of the United States, would feel obligated to follow suit if uranium, close the Fordow enrichment Israel, the region, and the world. Iran were to become a nuclear power. facility, and submit to a robust inspec- I wish to thank Senator KIRK, whom For all of those reasons among oth- tions regime that includes inspections we have worked with on this issue for ers, it would not be in the national se- of the Parchin military facility. quite some time, as well as Senator curity interests of the United States. Clearly, sanctions are not the ulti- LIEBERMAN, Senator CASEY, and many That achievement would jeopardize mate goal. They are only a means to a others who have shared their interests U.S. national security interests, pose clear end, in this case preventing Iran and their views, and we have tried to an existential threat to the state of from becoming the next nuclear state incorporate those views. I hope that to- Israel, and would result in a nuclear and an existential threat to our ally, morrow when we cast a vote, it will be arms race that would further desta- the State of Israel. Let me highlight the type of unanimous vote this Senate bilize the region. the major provisions of this amend- passed nearly 1 year ago, that ulti- The news out of Iran is dire. Just this ment. mately sends a very clear message to week the Director of the International First, this amendment designates the Iranians that if they seek to evade, Atomic Energy Administration told Iran’s energy, port, shipping, and ship- if they seek to avoid, if they think the press Iran has not slowed its en- building sectors as entities of prolifera- they can wait out the process, they are richment activities. The International tion because of the role they play in wrong. That is, in essence, what we are Atomic Energy Administration also supporting and funding Iran’s obvious doing through this amendment. It is, in suspects that Iran has conducted live proliferation activities. With the ex- essence, why we believe it is so critical tests of conventional explosives that ception of permissible petroleum trans- to move forward, to send a very clear could be used to detonate a nuclear actions under the existing sanctions re- message to the Iranians. weapon at the Parchin military base— gime from countries that have signifi- This is about the national security of a facility the Iranians have denied ac- cantly reduced their purchases of oil the United States. It is the existential cess to by the International Atomic from Iran, these sectors will now be off challenge to the State of Israel, our Energy Administration. limits. We will sanction any trans- ally, and it is the best of a bipartisan Between May and August of this actions with these sectors and we will effort that we have seen in this Senate. year, Iran doubled the number of cen- block the property—and any third With that, I look forward to tomor- trifuges at its fortified Fordow facility, party—that engages in transactions row’s vote. buried deep inside a mountain to pro- with them. I yield the floor and note the absence tect it against strikes. Iran now has Second, we impose sanctions on per- of a quorum. over 2,140 centrifuges for enriching ura- sons selling or supplying a defined list The PRESIDING OFFICER. The nium and it continues to enrich to 20 of commodities to Iran—commodities clerk will call the roll. percent. Iran claims it needs this high- that are relevant to Iran’s shipbuilding The legislative clerk proceeded to er grade uranium for its peaceful nu- and nuclear sectors such as graphite, call the roll. clear program, but a country with aluminum, steel, metallurgical coal, Mr. MCCAIN. Mr. President, I ask peaceful ambitions doesn’t enrich ura- and software for integrating industrial unanimous consent that the order for nium in defiance of U.N. Security processes. We also will prevent Iran the quorum call be rescinded. Council resolutions. It doesn’t refuse to from circumventing sanctions on its The PRESIDING OFFICER (Mr. disclose its operations. It doesn’t hide Central Bank that this Congress and BEGICH). Without objection, it is so or- them inside a mountain. A peaceful na- the President signed by receiving pay- dered. tion doesn’t breach the international ments in precious metals. Mr. MCCAIN. Mr. President, what is inspections regime compelled by the Third, we designate the Islamic Re- the parliamentary situation? Nuclear Nonproliferation Treaty, and a public of Iran Broadcasting entity and The PRESIDING OFFICER. Menen- peaceful nation is not one that pursues its President as human rights abusers dez amendment No. 3232 is pending. weaponization of missiles that can for their broadcasting of forced tele- Mr. MCCAIN. All right. I intend to reach countries far beyond its borders. vision confessions and show trials, speak on that shortly.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.128 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7203 I see the chairman is here. SEC. 1246. IMPOSITION OF SANCTIONS WITH RE- present administrations to implement Mr. LEVIN. I suggest the absence of SPECT TO SUPPORT FOR THE REBEL the woman-owned small business, GROUP KNOWN AS M23. a quorum. (a) BLOCKING OF ASSETS.—The Secretary of WOSB, Federal contracting program, The PRESIDING OFFICER. The the Treasury shall, pursuant to the Inter- which was enacted into law 10 years clerk will call the roll. national Emergency Economic Powers Act ago. On March 4, 2010, the Small Busi- The legislative clerk proceeded to (50 U.S.C. 1701 et seq.) or Executive Order ness Administration, SBA, finally pro- call the roll. 13413 (74 Fed. Reg. 64105; relating to blocking posed a workable rule to implement Mr. LEVIN. Mr. President, I ask property of certain persons contributing to the women’s procurement program. unanimous consent that the order for the conflict in the Democratic Republic of And I am pleased to report that today the quorum call be rescinded. the Congo), block and prohibit all trans- there is a functional WOSB contracting The PRESIDING OFFICER. Without actions in all property and interests in prop- program, however, the program lacks erty of a person described in subsection (c) if the critical elements that the SBA’s objection, it is so ordered. such property and interests in property are Mr. LEVIN. Mr. President, what Sen- in the United States, come within the United 8(a), historically underutilized business ator MCCAIN and I and our staffs are States, or are or come within the possession zones, and the service-disabled veteran- going to attempt to do tomorrow or control of a United States person. owned government contracting pro- morning is that shortly after the (b) VISA BAN.—The Secretary of State shall grams include. fourth vote that is now scheduled, the deny a visa to, and the Secretary of Home- To remedy this, our bipartisan fourth rollcall vote, we hope to be able land Security shall exclude from the United amendment will help provide tools to announce a finite list of amend- States, any alien who is a person described women need to compete fairly in the in subsection (c). ments which would need to be disposed Federal contracting arena by elimi- (c) PERSONS DESCRIBED.—A person de- nating a restriction on the dollar of before completion of this bill. That scribed in this subsection is a person that is going to be our goal, and we are the President determines provides, on or amount of a contract that a WOSB can going to repeat that goal the first after the date of the enactment of this Act, compete for, thus putting them on a thing in the morning. But it is impor- significant financial, material, or techno- level playing field with the other socio- tant people know that. That is now logical support to M23. economic contracting programs. something that is important that we (d) WAIVER.—The President may waive the Women-owned small businesses have do because we expect there will be a application of this section with respect to a yet to receive their fair share of the person if the President determines and re- Federal marketplace. In fact, our gov- cloture motion tomorrow that will be ports to the appropriate congressional com- filed, and if we can put together a fi- ernment has never achieved its goal of mittees that the waiver is in the national in- 5 percent of contracts going to WOSBs, nite list of amendments that need to be terest of the United States. achieving only 3.98 percent in fiscal disposed of before final passage of this (e) TERMINATION OF SANCTIONS.—The Presi- bill, that step may be unnecessary. dent may terminate sanctions imposed under year 2011. This amendment would The PRESIDING OFFICER. The Sen- this section with respect to a person on and greatly assist Federal agencies in ator from Arizona. after the date on which the President deter- achieving the small business goaling mines and reports to the appropriate con- Mr. MCCAIN. Mr. President, I rise to requirement for WOSBs. gressional committees that the person has Mr. President, I also wish to speak to say I think we have made great terminated the provision of significant fi- progress. I think we have addressed the an amendment to S. 3254, the National nancial, material, and technological support Defense Authorization Act, to cease major issues concerning this legisla- to M23. Federal involvement in the National tion, although there are certainly (f) TERMINATION OF SECTION.—This section Veterans Business Development Cor- other issues our colleagues feel are shall terminate on the date on which the poration. very important. But we should have President determines that M23 is no longer a significant threat to peace and security in This bipartisan amendment would reached a point now after 3 days that cease, once and for all, Federal involve- we put together a list of amendments. the Democratic Republic of the Congo. (g) DEFINITIONS.—In this section: ment in the National Veterans Busi- We can decide whether those amend- (1) APPROPRIATE CONGRESSIONAL COMMIT- ness Development Corporation, also ments can be agreed upon, dropped or TEES.—The term ‘‘appropriate congressional known as The Veterans Corporation or voted on. But it is time we put that list committees’’ means— simply TVC. Let me begin by thanking together and, obviously, with that (A) the Committee on Banking, Housing, the bill’s cosponsors, Small Business and Urban Affairs and the Committee on being accomplished, we could get this Committee Chair MARY LANDRIEU, thing wrapped up without having to go Foreign Relations of the Senate; and (B) the Committee on Financial Services former Small Business Committee through the process of cloture and the Chair JOHN KERRY and Senator TOM intervening hours and all the par- and the Committee on Foreign Affairs of the House of Representatives. COBURN. Senator COBURN, as most in liamentary procedures that are em- (2) M23.—The term ‘‘M23’’ refers to the this body will recognize, is a true lead- bodied in that process. rebel group known as M23 operating in the er in efforts to streamline the Federal I thank the chairman and thank the Democratic Republic of the Congo that de- government. Recently he spoke with us presiding officer. rives its name from the March 23, 2009, agree- about ideas for federal entities or pro- Mr. LEVIN. I suggest the absence of ment between the Government of the Demo- grams that could be eliminated and we a quorum. cratic Republic of the Congo and the Na- readily provided TVC as an example of The PRESIDING OFFICER. The tional Congress for the Defense of the People (or any successor group). an entity that we had already identi- clerk will call the roll. fied that the Federal government The assistant legislative clerk pro- (3) UNITED STATES PERSON.—The term ‘‘United States person’’ means— should sever its ties with. ceeded to call the roll. (A) an individual who is a United States I want to say at the outset that an Mr. LEVIN. Mr. President, I ask citizen or an alien lawfully admitted for per- amendment, with identical text as this unanimous consent that the order for manent residence to the United States; or one, passed the Senate by a vote of 99– the quorum call be rescinded. (B) an entity organized under the laws of 0 in May of 2011, but the bill it was at- The PRESIDING OFFICER. Without the United States or of any jurisdiction tached to did not pass. We are intro- objection, it is so ordered. within the United States. ducing this repeal as a stand-alone bill AMENDMENT NO 3199, AS MODIFIED Ms. SNOWE. Mr. President, my col- because TVC has been ineffective and Mr. LEVIN. Mr. President, I ask league Senator LANDRIEU and I have an controversial since its inception as unanimous consent that notwith- amendment to remove inequities that part of the Veterans Entrepreneurship standing the adoption of Durbin exist in the women-owned small busi- and Small Business Development Act— amendment No. 3199, it be modified ness contracting program, when com- P.L. 106–50—in 1999. In December of with the changes at the desk. pared to other socioeconomic pro- 2008, former Small Business Committee The PRESIDING OFFICER. Without grams. Chairman KERRY and I investigated objection, it is so ordered. As former chair and now ranking TVC, and issued a report detailing the The amendment (No. 3199) was modi- member of the Senate Committee on organization’s blatant mismanagement fied, is as follows: Small Business and Entrepreneurship, I and wasting of taxpayers’ dollars. At the end of subtitle D of title XII, add have long championed women entrepre- The report found, among other the following: neurship and have urged both past and things, that TVC (a) failed to support

VerDate Mar 15 2010 07:30 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.130 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7204 CONGRESSIONAL RECORD — SENATE November 29, 2012 Veteran Business Resource Centers; (b) I wish to commend Chairman LEVIN part of Maine’s tourist industry, or as had wasteful programs; (c) lacked out- and Ranking Member MCCAIN for their workers at Maine’s public and private comes-based measurements; (d) pro- efforts. shipyards. vided it’s employees with unacceptably This bill represents a prudent path Bath Iron Works, a private shipyard high executive compensation; (e) en- forward for the Department of Defense. and Maine’s largest private employer, gaged in dubious expenditures, and (f) But it is a path that could be shortly has been building ships for the Navy failed to properly fundraise. undermined if a compromise is not since 1893, and the shipyard continues For instance, our report concluded reached to avert the impending self-in- to be known by the phrase ‘‘Bath built that TVC had spent only 15 percent of flicted crisis of sequestration. Without is best built.’’ the federal funding that it had received action, sequestration could spell dis- Portsmouth Naval Shipyard, in on veterans business resource centers, aster for many of the programs that we Kittery, ME, is one of only four public which TVC was required to establish would authorize through this bill. I shipyards that remain in the United and maintain under law. In FY 2008, stand ready to work with all my col- States, and conducts repair and refuel- the percentage dropped to about 9 per- leagues, on both sides of the aisle, to ing work on nuclear submarines. Both cent. We also found that TVC’s execu- correct the short-sighted policy of se- of the yards, along with the other pub- tives received unacceptably high levels questration and determine a sustain- lic and private yards across the coun- of compensation given the organiza- able way forward for our country. try, are truly national strategic assets, tion’s limited resources and reach. I am pleased this bill recognizes the and the workers in these yards are the While an average of 15 percent of TVC’s importance of shipbuilding to our Na- world’s leading experts in ship con- federally appropriated funds went to tion’s defense, authorizing $778 million struction and repair. As Chinese yards the Centers, 22 percent of TVC’s FY more than the administration’s fiscal continue to churn out modern war- 2007 federal appropriation dollars were year 2013 request for Navy ships. ships, and as the Chinese fleet con- spent on its top two executives’ com- While the total annual shipbuilding tinues to expand, we cannot allow any pensation packages alone. Moreover, budget is less than what the United of the capabilities represented by our the organization miserably failed to States pays each month on interest to shipyards to atrophy. fundraise—which was required by law service the national debt, the ships Given the events of this month in the in order for it to become self-suffi- built by the Navy represent such an Middle East, I am pleased this bill also cient—and during fiscal years 2005 important part of our national mili- authorizes important additional fund- through 2007, TVC leaders spent $2.50 tary strategy. The Navy’s fleet, as an ing for the Iron Dome program and co- for every $1.00 they raised through the instrument of national policy, has a operative programs with the State of organization’s fundraising efforts—al- positive effect upon global security Israel. As the Senate has affirmed time most entirely at the taxpayers’ ex- that far exceeds the percentage of the and again, most recently on November pense. Additionally, through broad de- budget it represents. 15 when we passed S. Res. 599 intro- cision-making powers granted to TVC’s This bill authorizes multiyear produced by Senator GILLIBRAND, Israel executive committee under the organi- curement authority for both the Vir- has an inherent right to act in self de- zation’s bylaws, the committee ap- ginia-class submarine program and for fense. In that resolution, the Senate proved a number of measures without up to ten Arleigh Burke-class destroy- expressed our unwavering commitment proper approval or ratification form ers. The two programs are projected to to Israel’s security—a security which the full Board, including $40,000 in em- achieve savings of 14 percent and 9 per- unfortunately continues to be threat- ployee bonuses in one year alone. cent respectively, when compared to ened. Since the issuing of the Small Busi- While I commend the efforts under- the cost of annual contracting. ness Committee’s report, Congress has taken by those in the Middle East and I congratulate both the chairman and appropriated no further funding for by Secretary Clinton to achieve the re- ranking member for their willingness TVC, and the Small Business Adminis- cent ceasefire, we must continue to to direct the Navy to make good on tration has incorporated the Veteran make the investments necessary to cost-effective planning and, as a result, Business Resource Centers that TVC guarantee Israel’s security. I can think to increase the size of the fleet. For as previously funded into its existing net- of no better investment than the Iron we have heard this year in the testi- work of Veteran Business Outreach Dome system, which had a success rate mony of virtually every combatant Centers. These moves were publically of 80–90 percent against the hundreds of supported by a variety of veteran serv- commander, the importance of the rockets fired into Israel’s borders. ice organizations, including the Amer- maritime environment continues to And while Iron Dome protects the ican Legion and the Veterans of For- grow with each passing year. State of Israel, we must also look at eign Wars (VFW). For instance, in Au- As our Nation and our military look how to better secure the United States, gust of 2008, the American Legion to the Western Pacific, that trend is particularly those states on the East passed a resolution at its national con- sure to continue. Events this year in Coast, from the threat of a missile at- vention, Resolution No. 223, stating the South China Sea, which saw a dis- tack from rogue regimes in the Middle that the Legion ‘‘no longer support[s] concerting maritime standoff between East. According to the Pentagon’s An- the continuing initiatives or existence the Philippines and the People’s Re- nual Report on the Military Power of of the national Veterans Business De- public of China, highlight just how im- Iran, parts of which were released in velopment Corporation.’’ portant the maritime environment is July, Iran could produce missiles capa- At present, TVC is still Federally to global security. Although thank- ble of reaching the U.S. within 3 years. chartered. At the same time, it re- fully the crisis abated, the ability of To address this threat, Senators LIE- ceives no Federal funds, has no depart- the Navy to respond with forward-de- BERMAN, AYOTTE, and I have filed an ment or agency oversight. In light of ployed multimission platforms capable amendment which would require the everything I have discussed, it is my of operating in anti-access and area-de- Department to conduct an Environ- belief that the Federal government nial environments must be maintained. mental Impact Statement and create a must take the next step and fully sever Moreover, we must continue to make plan for establishing a missile defense all ties with the organization. I ask my the necessary investments in both our site on the East Coast of the United colleagues to support this bipartisan public and private shipyards to allow States. Such a site, whether sea-based amendment. for a strong domestic shipbuilding and or on land, located in the northeast tip Ms. COLLINS. Mr. President, I rise in ship repair industrial base. of our country, could better protect the support of the Fiscal Year 2013 Na- I am proud that my own State of East Coast from an intercontinental tional Defense Authorization Act. This Maine contributes so much to the ballistic missile attack. Beginning an bill represents a bipartisan commit- strength of our Navy. Maine, after all, EIS now, a task which could take up to ment to ensuring that our brave men has a proud maritime legacy. Tens of 18–24 months, is a prudent measure to and women in uniform have the re- thousands of Mainers earn their living preserve our options in the future. sources, equipment, and support they from the sea, as commercial fishermen Just as we must protect the East require to defend the interests of the or lobstermen, as merchant sailors, as Coast, we must also provide the mili- United States around the globe. Coast Guardsmen or Navy Sailors, as tary the tools to protect the mental

VerDate Mar 15 2010 07:30 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.002 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7205 and physical wellbeing of military per- overnight, it deserves a similar com- sented with all the information to sonnel. This year, the suicide rate mitment to combat this epidemic. make informed decisions about how to amongst Active-Duty personnel has Likewise, the high incidence of mili- proceed in Afghanistan. continued to soar. On average, more tary sexual assaults also continue to The Afghan war has also left us with than one soldier, sailor, airman, or Ma- warrant our attention, particularly important questions about detention rine has taken their own life every day after the scandal at Lackland Air policy here at home that must be re- this year. That is a tragedy of the first Force Base. This bill includes two pro- solved. One of the questions that has degree. visions that I support which would cod- been left unaddressed in the eleven For every servicemember who dies in ify into law regulations that were years since the Congress authorized the battle, 25 veterans die by their own issued by the Department earlier this use of military force to go after al- hands. Not only have more military year. We should all continue to watch Qaeda and the Taliban is whether the personnel killed themselves than were the Department closely to see that the Congress intended to authorize the de- killed in Afghanistan this year, but the changes are implemented wisely, that tention of persons in the United States, rate of suicides in the military signifi- the Department’s policy of zero toler- and specifically the detention of Amer- cantly exceeds the rate of suicides in ance becomes a culture of zero toler- ican citizens. I have cosponsored an the general population. Veterans, ance, and that the incidence of these amendment with Senator FEINSTEIN many of whom are dealing with finan- crimes is dramatically reduced. that would explicitly prohibit the in- cial or posttraumatic stress, chronic In the area of mental health, this bill definite detention of U.S. citizens cap- pain, or depression resulting from their includes a provision to grant authority tured on U.S. soil. time in uniform, also face high rates of for additional behavioral health profes- The final amendment I have offered, suicide. According to a Department of sionals to conduct pre-separation med- along with Senators KERRY, BROWN of Veterans Affairs report this spring, a ical examinations for post-traumatic Massachusetts, BLUMENTHAL, WHITE- veteran commits suicide every 80 min- stress disorder. This provision would HOUSE, SNOWE, and BROWN of Ohio, utes. increase the number of medical profes- would require the Department of De- While I applaud the military and the sionals available to conduct evalua- fense to establish a temporary pilot VA efforts to address this threat seri- tions because the backlog of cases program to issue domestically pro- ously, especially the Army, we can and within the integrated disability evalua- cured athletic shoes to Army recruits must do more. To that end, I have filed tion system is significant, and results in initial entry training. DOD historian amendment with Senators LIEBER- in unacceptable wait times for our cally provided athletic footwear to new MAN and BLUMENTHAL to require the military personnel being processed for recruits that comply with the Berry Attorney General to exercise authority separation. Amendment, but DOD’s current pro- granted to him by the Secure and Re- Unfortunately, the military does not curement process has allowed it to cir- sponsible Drug Disposal Act of 2010 to even know the true scope of the back- cumvent the spirit, letter, and intent establish a drug take-back program in log within the disability evaluation of the law. I have no doubt that domes- coordination with both the Secretary system, and I am sure that many of our tic suppliers will be able to produce a of Defense and the Secretary of Vet- colleagues receive letters from their Berry compliant shoe, with minimal erans Affairs. constituents expressing this concern waivers necessary, that can meet the There is substantial evidence that each week. This year’s bill contains a needs of recruits and the Army in a prescription drug abuse is a major fac- provision I authored that would require cost-effective manner. We should not tor in military and veteran suicides. DOD to collect data on the physical, allow government funds to be used to The Army has reported that 29 percent mental, and behavioral health of support foreign-made shoes, when of suicides had known history of psy- Wounded Warriors in order to accu- American shoes are available. Much chotropic medication use, including rately assess the efficacy of the mili- like our Olympic athletes should be anti-depressants, anti-anxiety medi- tary’s Wounded Warrior programs. clothed in domestically produced ap- cine, anti-psychotics, and other con- In Afghanistan, where many of our parel, so too should our military re- trolled substances such as opioids. wounded warriors received their inju- cruits be wearing athletic shoes made I understand the legitimate concerns ries, military personnel continue to in the U.S.A. raised by some law enforcement offi- pay a high cost. As we head into the I am also cosponsoring two amend- cials that accountability of drugs must final 2 years of combat in Afghanistan, ments that grew out of the work of the be strictly maintained and that these after more than a decade of war, I have Commission on Wartime Contracting. I drugs must be prevented from being grown increasingly concerned about have cosponsored Senator misused, abused, or sold in the black the high number of insider attacks and BLUMENTHAL’s End Trafficking in Gov- market. I am confident, however, that their effect upon our strategy to tran- ernment Contracting Act to tighten both the military—an institution that sition to Afghan Security Forces lead- the U.S. government’s zero tolerance has developed and implemented pro- ership and for U.S. forces to assume a policy for any form of human traf- grams for the handling of nuclear training and mentoring role after 2014. ficking. This amendment would require weapons and classified information— Each death caused by the tactic of contractors to certify that they have and the VA are capable of running a insider attacks has a strategic effect plans in place to prevent such prac- drug take-back program with the ut- upon the war, both in terms of the tices. It also makes it a crime to en- most accountability and highest of American people’s perception, and the gage in such labor practices overseas standards. willingness of our partners in NATO on U.S.-controlled property or while I have also filed another amendment and ISAF to remain engaged in battle. working on a U.S. contract. to establish a resilience research pro- In 2012 alone, 60 Coalition troops, rep- The Commission on Wartime Con- gram in the Army to study the effec- resenting 16 percent of Coalition tracting also found that contingency tiveness of the Comprehensive Soldier deaths, have been slain at the hands of contracting in Iraq and Afghanistan Fitness program. This program is in- those upon which our strategy depends. has been plagued by high levels of tended to improve the resilience of our It is for that reason that I, along with waste, fraud, and abuse—estimating active duty force. Senators UDALL, PORTMAN, and SHA- that at least $31 billion had been lost The loss of even one servicemember HEEN have filed an amendment that to contract waste and fraud. Without to a potentially preventable suicide is would require the Secretary of Defense high-level attention, acquisition plan- unacceptable. We have a responsibility to report on the effect of insider at- ning and allocation of resources, we are to take every practical step that we tacks upon the progress of the war and likely to repeat the contracting mis- can to help the military win the battle the effect these attacks have upon our takes of the last contingency oper- against suicides. Over the past decade, strategy and the behavior of our part- ation. we have made an incredible investment ners. Our Nation has made too great an Therefore, I have cosponsored Sen- to prevent deaths or injuries from investment in blood and treasure in Af- ator MCCASKILL’s amendment to IEDs. Although the threat to our forces ghanistan; Congress must understand strengthen contingency contracting at posed by suicide will not be solved the strategic environment, and be pre- DoD, State, and the U.S. Agency for

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.105 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7206 CONGRESSIONAL RECORD — SENATE November 29, 2012 International Development—USAID— partment’s requests for several major look back gratefully upon the annual by improving planning, execution, and weapons programs, including: floor debates on the NDAA as examples oversight of this function at these $639.9 million for the Army’s new of the way this body should operate. agencies and requiring education for Ground Combat Vehicle that will re- f personnel who engage in contingency place some of the M2 Bradley Infantry MORNING BUSINESS contracting. Fighting Vehicles in the current force; From the Maine Military Authority $2.7 billion for procurement of UH–60 Mr. LEVIN. Mr. President, I ask and the DFAS Center in Limestone to Blackhawk and CH–47 Chinook heli- unanimous consent that the Senate the Portsmouth Naval Shipyard in copters so critically important to oper- proceed to a period of morning busi- Kittery, from innovative composite ations in Afghanistan and around the ness, with Senators permitted to speak and renewable energy research at the world; therein for up to 10 minutes each. University of Maine to high-tech firms $6.9 billion in the base request for the The PRESIDING OFFICER. Without like Vingtech, Hodgdon Defense Com- Navy, Marine Corps, and Air Force’s F– objection, it is so ordered. posites, Maine Machine Products, and 35 Joint Strike Fighter program; f $60.0 million for F/A–18E/F advance Mt. Desert Island Biological Labora- TRIBUTE TO MARSHA KREUCHER tory, Mainers continue to support na- procurement to preserve the Navy’s optional defense with ingenuity and tion to produce additional aircraft in Mr. LEVIN. Mr. President, tomorrow craftsmanship. fiscal year 2014. night will be bittersweet in Jackson, The investments authorized in this $91.0 million for M1 Abrams tank up- MI; it is the night the Community Ac- bill support these efforts in Maine and grades and $123.0 million for M88A2 ad- tion Agency will bid a formal farewell in States around the Nation, and they vanced recovery vehicles. These rec- to its leader and CEO, Marsha ensure that our military is the best ommended increases will extend ar- Kreucher. For nearly a quarter cen- trained and equipped in the world. I mored vehicle production through fis- tury, the Community Action Agency urge my colleagues to support passage cal year 2013 and allow tank production has been guided by a leader with vision of this bill. through 2014, thus preserving impor- and compassion. Her work has been squarely focused on making the lives of f tant combat vehicle industrial capability. those in need better. She has gone NATIONAL DEFENSE Perhaps of greatest interest to many about this work with humility and te- AUTHORIZATION ACT of our colleagues, the bill addresses nacity, ensuring that her work and the Mr. LIEBERMAN. Mr. President, I concerns that the Air Force proposed work of the agency she leads does its rise to speak in support of the National disproportionate cuts to the Air Na- part to improve the lives of the count- Defense Authorization Act for Fiscal tional Guard in its FY13 budget sub- less people served by the Community Year 2013. Congress has passed the De- mission by establishing an independent Action Agency. fense Authorization every year for the commission to study the appropriate The roots of poverty are complex and past 5 decades and it remains one of force structure of the Air Force, in- deep. Marsha’s work, which takes a ho- the most bipartisan pieces of legisla- cluding the Air National Guard and the listic and innovative approach to pro- tion we produce in this body. I believe Air Force Reserve, and providing $1.4 moting self-sufficiency among at-risk strongly that there is no more impor- billion to freeze Air Force force struc- and low-income residents, has sought tant responsibility that we have than ture pending the commission’s review. to identify the issues associated with providing for our common defense. The The NDAA also provides an oppor- poverty and develop programs to al- NDAA is a crucial part of that respon- tunity to address policy concerns im- leviate them. Her efforts have reaped sibility and I am glad to have the op- portant to military families, defense, many rewards for the residents of portunity to speak in favor of it today. and National security at large. There Jackson, Lenawee, and Hillsdale coun- As Senators, it is one of our most im- are a number of worthwhile amend- ties and have improved their economic, portant duties, and one of our greatest ments that have been filed and that I social, and health conditions as a con- privileges, to debate and pass this bill support, including my amendment with sequence. every year. Senator GILLIBRAND providing In the late 1980s, when she began I would like to thank Chairman TRICARE coverage for important au- working at the Community Action LEVIN and Ranking Member MCCAIN for tism treatments and my amendment Agency, the agency administered about their leadership of the Armed Services with Senator COLLINS mandating a pre- two dozen programs and had a budget Committee and their determination in scription drug take-back program to of roughly $4 million. Nearly a quarter getting the NDAA to the floor. help reduce the scourge of military sui- century later, the agency serves more I have had the honor to serve as cide. I would like to briefly highlight a than 27,000 residents annually through Chairman of the AirLand Sub- pair of issues I hope we address more than 80 programs with a budget committee, of which I have been a through floor amendments. that averages around $20 million. This member of since its inception in 1995 Finally and most importantly, I hope is impressive growth and a testament and been either Chairman or Ranking this bill will include a new package of to the quality of service the agency Member since 1999. I would like to rec- Iran sanctions that Senator MENENDEZ, provides and the talent of those leading ognize Ranking Member SCOTT BROWN Senator KIRK, and I plan to introduce. the way. and thank him. We have worked to- The fact is, Iran is continuing to make It doesn’t take very long to observe gether very well once again this year. progress towards a nuclear weapons ca- the profound impact the Community Ours has been a bipartisan effort pability, and time is running out to Action Agency has had on this region through our hearings, our markup, and stop them, short of the military option in the last two decades. The Center for now on the floor. I would also like to that none of us desire. That is why we Healthy Beginnings was established thank the Subcommittee staff, Bill need to do everything in our power to and currently provides full health care Sutey and Creighton Greene of the ma- ratchet up the pressure on the Iranian services to more than 27,000 residents jority and Church Hutton and Pablo government, as quickly as possible. annually. The Partnership Park Down- Carrillo of the minority, for their hard The NDAA provides the last, best town Neighborhood Project was formed work that helped make this bill pos- chance that we will have in this Con- to help revitalize and redevelop a 23- sible. gress to impose tougher sanctions on block area in Jackson, MI, through $15 This year, the portion of the budget Iran, and we must seize it. million in investments. More than 1,000 request falling under the Airland Sub- In conclusion, I urge all my col- children a year receive early childhood committee’s jurisdiction total over $50 leagues to support the NDAA for FY13. education opportunities through agen- billion, including $37.4 billion in pro- It is a strong bill that provides critical cy activities. And thousands of families curement, and $12.9 billion in research funding and authorities to our mili- receive free assistance filing their in- and development. The portion of the tary, and it has always been passed on come tax returns each year. These are bill under the AirLand Subcommittee’s a broad bipartisan basis. As I approach but a few examples of the good work of jurisdiction supports the Defense De- the end of my career in the Senate, I this impressive agency and a glimpse

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.105 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7207 of the range of services they provide [From the New York Times, Nov. 24, 2012] We should begin by having an up or with Marsha Kreucher as a driving THE G.O.P. AND VIOLENCE AGAINST WOMEN down vote on the longest-pending nom- force. If Republicans are serious about repairing ination. The nomination of Patty Marsha is not just an accomplished their party’s standing among women, gay Shwartz to the Third Circuit Court of leader; she is also a willing mentor and and Hispanic voters, they need to adjust Appeals has been ready for a final vote tireless community servant. She sits some policies and stop sending hostile mes- since last March 8. Judge Shwartz re- on a number of nonprofit boards and sages. A good place to start would be for Re- ceived a unanimous well-qualified rat- publicans in the House to stop blocking reau- works to bring various stakeholders to- ing from the nonpartisan ABA Stand- gether to seek out fresh ways to com- thorization of the Violence Against Women Act over provisions deemed too protective of ing Committee on the Federal Judici- bat the issues related to poverty. She gay and immigrant victims of domestic vio- ary, its highest possible rating, and it is always willing to lend an ear or to lence and sexual assault. is well past time for the Senate to vote provide insight to others. Her vision The 1994 law remains crucial to the na- on her nomination. and her ideas have helped spark inno- tion’s efforts to combat domestic violence, vation and creativity, planting the sexual assault and stalking. Previous reau- Regrettably, the Senate has not been seeds for a brighter future. thorizations sailed through Congress. allowed to make real progress for the Marsha recently said to a local paper A thoughtful renewal measure introduced American people by reducing the num- about her life after retirement, ‘‘It’s al- by Senator Patrick Leahy, a Vermont Demo- ber of judicial vacancies. There were most hard to comprehend the dif- crat and Judiciary Committee chairman, and more than 80 vacancies when the year ference my life will have without it.’’ I Senator Michael Crapo, an Idaho Republican, began. There were more than 80 vacan- cleared the Senate in April with strong bi- say to her today that it is hard to partisan support. But it has hit a wall in the cies when in March the Majority Lead- imagine how different the Jackson Republican-led House. Instead, House Repub- er was forced to take the extraordinary community would be without her vi- licans pushed through a regressive version of step of filing cloture petitions on 17 sion, leadership, and hard work over the measure that omits new protections for district court nominations. There are the last two decades. She has worked gay, bisexual or transgender victims of now more than 80 vacancies once again. tirelessly and fiercely to make a posi- abuse. In stark contrast, there were only 29 tive impact on the lives of those in The House bill also left out a needed in- vacancies at this point in President need, and she has done so with grace crease in the number of visas, known as U George W. Bush’s first term. visas, available for undocumented immi- and determination. I congratulate her grants who are victims of domestic violence There is no justification for holding on a job well done and wish her the and sexual assaults. And it would reduce the up final Senate action on the 19 judi- best as she begins her next, exciting incentive for frightened victims to come for- cial nominations that have been ap- journey. ward by ending the current ability of U visa proved by the Senate Judiciary Com- f holders to apply for permanent residency after three years. mittee and are pending on the Senate VIOLENCE AGAINST WOMEN Speaker John Boehner and his Republican Executive Calendar. President Obama REAUTHORIZATION ACT colleagues blame Democrats for the impasse, has consistently reached across the Mr. LEAHY. Mr. President, this fall suggesting the Democrats inserted changes aisle, consulted with home state Sen- also marks the 10th anniversary of the to invite opposition and score political ators from both parties and appointed passing of another great Senator, Paul points. But the provisions at issue respond to moderate, well-qualified judicial nomi- real humanitarian and law enforcement nees. It is time for the obstruction to Wellstone, and his wife Sheila. They needs identified by experts working in the were dear friends. Among the many field. end and for the Senate to complete ac- things for which they are fondly re- By refusing to accept the principle of pro- tion on these nominees so that they membered is the important work they tecting all victims of domestic violence, may serve the American people with- did to combat domestic violence and House Republican leaders are conveying a out further delay. Delay for delay’s help victims. We have made much belief that rapes of gay people and immi- sake is wrong and should end. progress on this issue, in large part grant women are not ‘‘legitimate’’ rapes, as Representative Todd Akin, the failed Repub- Senate Republicans have engaged in thanks to the Violence Against Women unprecedented obstruction and a con- Act, which has long demonstrated the lican candidate for the Senate from Mis- souri, put it so appallingly. Is that really torted rewriting of the ‘‘Thurmond bipartisan commitment to work to- what Republicans want to stand for? Rule’’ in their refusal to proceed on gether against domestic violence and The act’s reauthorization is must-do busi- consensus nominees. Whatever jus- rape. ness for the lame-duck session. Failure to tification Senate Republicans con- Sadly, so much remains to be done. agree on a bill would mean having to start tended they had by resort to their Recent reports find that almost one in the legislative process all over again next four women have experienced severe year. Mr. Boehner should relent and allow misapplication of the Thurmond Rule domestic violence, and nearly one in the House to vote on the Senate bill. There to stall judicial nominations before the five women have been raped. In some is a chance it would not muster sufficient election is gone. The American people communities, the picture is much Republican votes to pass. But at least it have voted and chosen to reelect Presi- would give Republican representatives who worse. According to the Department of dent Obama. It is time for the Senate value moderation a chance to dissociate to vote. Health and Human Services, one in five themselves from the narrow-minded preju- female college students will be a vic- dices and politics hurting their party. From 1980 until this year, when a tim of sexual assault during college. A Mr. LEAHY. Friday will mark a year lame duck session followed a presi- recent study found that three out of since Senator CRAPO and I introduced dential election, every single judicial five Native American women have been this bill. We have kept victims waiting nominee reported with bipartisan Judi- assaulted by a spouse or intimate part- too long. We should come together to ciary Committee support has been con- ner. act now. firmed. According to the nonpartisan The bipartisan Leahy-Crapo Violence Congressional Research Service, no JUDICIAL NOMINATIONS Against Women Reauthorization Act consensus nominee reported prior to Mr. LEAHY. Mr. President, it has includes vital provisions to help these the August recess has ever been denied now been more than 3 weeks since and other particularly vulnerable vic- a vote. That is something Senate President Obama was reelected by the tims. As the New York Times observed Democrats have not done in any lame this weekend: American people, and Senate Repub- licans are still blocking votes on 19 ju- duck session, whether after a presi- The act’s reauthorization is must-do busi- dential or midterm election. ness for the lame-duck session. Mr. BOEHNER dicial nominations who should have re- should relent and allow the House to vote on ceived confirmation votes before the Senate Democrats allowed votes on the Senate bill. Senate recessed for the election. Some 20 of President George W. Bush’s judi- I ask that the full Times editorial be of these nominees have been waiting cial nominees, including one very con- printed in the RECORD. close to 9 months for a vote. It is time troversial circuit court nominee, in the There being no objection, the mate- for us to come together to do what is lame duck session after the elections rial was ordered to be printed in the right and to act in the interests of the in 2002. I remember, I was the chairman RECORD, as follows: American people. of the Judiciary Committee who moved

VerDate Mar 15 2010 07:18 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.046 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7208 CONGRESSIONAL RECORD — SENATE November 29, 2012 forward with those votes. The Senate who seek to have their claims resolved AIDS Day dedicated to showing our proceeded to confirm judicial nominees by the Federal Circuit? How does pre- support of people living with HIV. In in lame duck sessions after the elec- venting a vote on William Kayatta ben- the 24 years since the first such day, we tions in 2004 and 2006, and proceeded to efit the people of Maine, Massachu- have seen great progress in the fight confirm 19 judicial nominees in the setts, New Hampshire, Rhode Island, against the spread of this disease. lame duck session after the elections and Puerto Rico? How does preventing But there is still much more that in 2010, as well. The reason that I am a vote on Robert Bacharach benefit the needs to be done, not the least of which not listing confirmations for the lame people of Oklahoma, Colorado, Kansas, includes increasing public awareness. duck session at the end of 2008 is be- New Mexico, Utah, and Wyoming? How So this World AIDS Day, especially in cause that year we had proceeded to does preventing a vote on Michael Shea memory of those who have died from confirm the last 10 judicial nominees benefit the people of Connecticut? How this disease, let us recommit to ending approved by the Judiciary Committee does preventing a vote on John this epidemic once and for all. before the election recess in Sep- Dowdell benefit the people of Okla- My State of Florida has been hit par- tember. homa? How does preventing a vote on ticularly hard by this epidemic: over Republicans can no longer claim the Paul Grimm benefit the people of 100,000 people are living with HIV/ ‘‘Thurmond Rule’’ is the reason they Maryland? How does preventing votes AIDS. And for too long, Florida had a are holding up nominations since the on Mark Walker and Brian Davis ben- long waiting list of low income resi- American people reelected President efit the people of Florida? How does dents waiting for assistance to afford Obama. Having said in September that preventing a vote on Terrence Berg the high cost of life saving medica- they objected to proceeding because of benefit the people of Michigan? How tions. At times, this list grew to over the impending election, Senate Repub- does preventing votes on Jesus Bernal, 4,000 Floridians. licans cannot now say that their insist- Fernando Olguin, William Orrick, and Thankfully, we have made great ence on delay has made it too late in Jon Tigar benefit the people of Cali- progress over the past year through in- the year to proceed with confirma- fornia? How does preventing votes on creased State and Federal invest- tions. That is wrong and it results in Lorna Schofield and Frank Geraci ben- ment—and, Florida’s wait list is now denying Americans the judges they efit the people of New York? How does down to 56 individuals. But no one need to administer justice around the preventing votes on Matthew Brann should have to forgo life saving drugs country. and Malachy Mannion benefit the peo- because they can’t afford them. I implore Senators to put their par- ple of Pennsylvania? How does pre- In the days ahead when Congress is considering ways to tighten our belt, I tisanship aside and work with the venting a vote on Thomas Durkin ben- would urge my colleagues to avoid President on behalf of the American efit the people of Illinois? How does blindly slashing these life saving pro- people. That is what the American peo- preventing votes on these nominees help the American people receive grams. ple voted for in the last election. De- We also must remain committed to laying confirmation votes on nominees speedy justice? If we can just have up or down votes funding the goals of President Barack for the sole purpose of delay is pre- Obama’s Emergency Plan for AIDS Re- cisely what the American people repu- on these 19 nominees, we can fill almost one-quarter of our Nation’s judi- lief globally. Among the goals is to diated when they cast their ballots. provide care for the more than 12 mil- Further delays on the 19 nominees be- cial vacancies, and almost one-third of all judicial emergency vacancies. Most lion people with HIV around the world, fore us do not benefit the American including some 5 million orphans and people. importantly, we can make it easier for hardworking Americans to have access children. I am encouraged that several Repub- Mr. President, this is not, and should lican Senators have recognized this, to justice. President Obama has worked with not be partisan issue for lawmakers. As and have said that they want votes on home State Senators and all of these former President George W. Bush noted their home State nominees. The Re- nominees have the support of their in 2008, it’s a question of our moral in- publican Senators from Oklahoma and home State Senators. Seven of them terest. Maine, and Senator TOOMEY from are supported by Republican home ‘‘We believe in the timeless truth,’’ Pennsylvania have all advocated for up State Senators. Seventeen of these the president said, ‘‘to whom much is or down votes on nominees during this nominees received bipartisan support given, much is required.’’ lame duck session, and they are right on the Judiciary Committee. f to do so. They know that filling those When Ronald Reagan, George H.W. REMEMBERING TINKHAM VEALE II judicial vacancies in their States is im- Bush and George W. Bush were Presi- portant. dent, Senate Democrats cleared the Mr. PORTMAN. Mr. President, today A judge in Florida has written that calendar of all but the most controver- I wish to honor the life of Tinkham persistent vacancies ‘‘jeopardize our sial and extreme ideological judicial ‘‘Tink’’ Veale II. Mr. Veale was a suc- Court’s ability to deliver the quality of nominations. The Senate needs to be cessful entrepreneur and philanthropist justice that the citizens of Florida de- allowed to vote on President Obama’s who contributed greatly to the success serve and will inhibit our citizens’ ac- judicial nominees now so that our Fed- of numerous businesses and community cess to justice.’’ Sadly, Senate Repub- eral courts are better able to function institutions throughout northeast Ohio licans’ tactics of delay and obstruction and fulfill the fundamental guarantee and beyond during his long life. The has perpetuated the high level of judi- of providing access to justice. Ameri- impact and proud legacy of his business cial vacancies around the country. cans are rightfully proud of our legal expertise and generosity will be real- Continuing these tactics hurt the Fed- system and its promise of access to jus- ized for many years to come. eral courts and the American people tice and speedy trials. This promise is Mr. Veale was born in 1914 in Topeka, they are intended to serve. This is a embedded in our Constitution. When KS and moved to the Cleveland area as problem that has a commonsense solu- overburdened courts make it hard to a child when his father joined the tion: Let the Senate vote on consensus keep this promise, the Senate should Eaton Corporation. He attended nominees that have been stalled. work in a bipartisan manner to help. Heights High School and Case Institute With the number of judicial vacan- I have asked, now that the American of Technology, graduating with a bach- cies now at 83, and with all pending people have reelected President elor’s degree in mechanical engineer- nominees having waited at least 4 Obama, for Senate Republicans to work ing. Mr. Veale worked for several com- months for a vote, it is past time for with us to fill these longstanding judi- panies including General Motors. In Senate Republicans to abandon these cial vacancies. The American people 1941 he married Harriett Ernst, of the tactics. This obstruction is not good deserve no less. Ernst and Young accounting family, for the country. How does preventing a f who passed away in 1998. The couple vote on Patty Shwartz benefit the peo- had three children, seven grandchildren ple of New Jersey, Pennsylvania, and WORLD AIDS DAY 2012 and eight great grandchildren. Delaware? How does preventing a vote Mr. NELSON of Florida. Mr. Presi- In the 1960s, Veale and his associates on Richard Taranto benefit Americans dent, Saturday we mark another World formed Alco Standard Corporation.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.044 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7209 Veale developed the philosophy and In 1974, George’s son Peter, and his His advocacy for the recovery and res- strategy he referred to as ‘‘corporate wife Joan, purchased deMontigny Jew- toration of the Pyramid Lake fishery partnership,’’ through which his com- elers in the adjacent building. Since helped to secure over 1,000 acres of pany acquired and financed small busi- Peter Scontsas’ passing in 1995, his son water, the most in any one-month pe- nesses while keeping their original Phillip and daughter-in-law Amalia riod. Under his leadership, the Pyramid management structures in place. His have served as the principal owners of Lake Tribe has enjoyed a record num- success grew from buying small compa- the business. Together, the Scontsas ber of visitors to Pyramid Lake and, nies and helping them to succeed family developed a new department subsequently, numerous tourism through keeping their management in within the family store, featuring awards. In August 2012, Wayne became place while contributing with capital home and garden dećor. the first Native American leader to and strategic direction. Over the years, Since its inception, Scontsas has fo- serve on the Nevada Commission on the company operated many businesses cused not only on growing bigger, but Tourism. representing diverse industries includ- also on growing better. The reasons for The citizens of the Silver State were ing manufacturing, mining, and bank- the Scontsas family’s success are privileged that such a passionate and ing, as well as operating office equip- many. Chief among them are the fam- dedicated leader called Nevada home. ment and paper distribution busi- ily’s commitment to building enduring My thoughts and prayers go out to his nesses. Veale served as Alco’s president relationships with their customers and wife, Leticia; and children, Alex, Chris- and chairman until 1971 and stayed on their strong community involvement. tian, and Soleil. Today, I ask my col- as chairman until 1986. By 1987, the Scontsas Fine Jewelry and Home Dećor leagues to join me in celebrating the company had 175 businesses with 16,000 prides itself on treating every cus- life of a devoted Nevadan and honoring employees in the United States and Eu- tomer like a member of the family. his esteemed accomplishments.∑ rope. In typical fashion, the Scontsas fam- f Mr. Veale had a unique spirit and ily decided to celebrate their business’ TRIBUTE TO STEVE RANSON love of life. Over the years he was ac- 100th birthday by giving back to the tive in a variety of community organi- Nashua community in a series of ∑ Mr. HELLER. Mr. President, today I zations, served as a councilman in events this year. The year long celebra- wish to congratulate Steve Ranson on Gates Mills, OH, and was known for tion showcased their strong roots in his 25 years with the Lahontan Valley raising thoroughbred horses. Perhaps the community while promoting their News. Nevadans are fortunate to read most significant, was his generous phi- products. I had the pleasure of attend- his reporting every day and to have a lanthropy which continues to benefit ing the city of Nashua’s Annual Holi- dedicated voice serving the commu- communities, students and institutions day Stroll this past weekend, where nity. I applaud Steve’s hard work and in Ohio. He was a notable supporter of the Scontsas family unveiled their lim- dedication to our Nation’s brave men his alma mater, Case Western Reserve ited edition 100 Year Holiday ornament and women that serve in our Armed University, where the most recent for their loyal customers. Services and the field of journalism. pledge of $20 million from The Veale As Nashua helps the Scontsas’ cele- Steve joined the staff in 1986 as a Foundation is being utilized for con- brate a century of family, business, and part-time sports writer and editor. struction of a new university center, community, I ask my colleagues to Today, he has grown to be one of Ne- which will be named in his honor. join me in recognizing Scontsas Fine vada’s leading reporters. Steve’s jour- Tink Veale was a role model and a Jewelry and Home Dećor’s 100th anni- nalism, reporting, and newsroom lead- source of inspiration to us all. He will versary.∑ ership has earned him countless awards be greatly missed, and his extraor- f including Outstanding Journalist from the Nevada Press Association. His dinary legacy and giving spirit will not REMEMBERING WAYNE BURKE be forgotten. nomination for this award also reflects ∑ Mr. HELLER. Mr. President, today I f his extensive overseas travel to cover wish to recognize a true Nevadan and the U.S. Navy and Nevada Army Na- ADDITIONAL STATEMENTS friend, Wayne Burke, who has been tional Guard in Southwest Asia and Af- honored by the Nevada Indian Commis- ghanistan. His series of stories cov- sion as American Indian Community ering the war efforts earned him first SCONTSAS FINE JEWELRY AND Leader of the Year. As tribal chairman place awards for community service HOME DE´ COR 100TH ANNIVERSARY for the Pyramid Lake Paiute Tribe, and for best explanatory journalism ∑ Ms. AYOTTE. Mr. President, today I Wayne led the tribal council through from the Nevada Press Association. wish to recognize and congratulate many successes for the betterment of As a lieutenant colonel who retired Scontsas Fine Jewelry and Home Nevada. Wayne’s untimely passing is a in 2009 after serving in the National Dećor, a small business in my home- great loss, but his legacy of community Guard and U.S. Reserve, understanding town of Nashua, NH, as it celebrates its and economic development in the Sil- the role of the military came easily for 100th year in business. ver State will never be forgotten. Steve. During his 28 years of service, Scontsas, which began as a shoe shin- In addition to serving the State of Steve participated in two tours to the ing and repair business and hat block- Nevada, Wayne bravely served our Na- Republic of Korea and Panama. I would ing service, is now a third generation, tion in the U.S. Marine Corps from 1993 like to extend my gratitude to Steve family owned small business that spe- until his honorable discharge in 1997. for his service to this great Nation and cializes in fine jewelry and home gifts As a U.S. Marine Corps veteran, Wayne State. I am both humbled and honored and decoration. A century ago, a Greek understood the importance of sup- by the sacrifices made by the brave immigrant named George J. Scontsas porting those who defend our Nation. men and women who have served our first opened his doors at 173 Main He was a member of Numu Tookwasu— country. Street in Nashua, and ever since, his Pyramid Lake Veterans and Warriors Steve’s 25 years of service with the family’s business has remained a per- Association—and a staunch advocate Lahontan Valley News is a true testa- manent fixture at this same downtown for Native American veteran affairs. ment to his character. I wish him all location. The Scontsas legacy, by any His vision helped launch Nevada’s first the best in his future endeavors and measure, is a testament to the entre- annual American Indian Veteran Sum- look forward to reading more of his preneurial spirit that makes America mit this year, which invited members great work. Today, I ask my colleagues great. of the 27 tribes of Nevada to learn to join me today in congratulating In an effort to expand his customer about access to veteran benefits and Steve on his 25 years with the base, George began stocking greeting healthcare. His legacy will help raise Lahontan Valley News.∑ cards, and by the mid-1940’s, his store awareness and resources for Native f became the first Hallmark store in American veterans for years to come. Nashua. The Scontsas family business As tribal chairman, Wayne promoted REMEMBERING RICHARD WILKINS continued to expand by selling chil- an award winning Pyramid Lake eco- ∑ Mr. LEE. Mr. President, Today I wish dren’s toys, books, yarn, and gifts. nomic development and tourism plan. to pay tribute to my professor and my

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.001 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7210 CONGRESSIONAL RECORD — SENATE November 29, 2012 friend Richard Wilkins who passed placed him at the forefront of Utah’s H.R. 2338. An act to designate the facility away on Monday. Richard was truly a debate over traditional marriage. Rich- of the United States Postal Service located renaissance man, a law professor ard’s fiery passion for causes related to at 600 Florida Avenue in Cocoa, Florida, as turned international advocate who also traditional family values was matched the ‘‘Harry T. and Harriette Moore Post Of- fice’’; to the Committee on Homeland Secu- enjoyed unique local notoriety for his by his warmth and love for those rity and Governmental Affairs. 27 consecutive performances as Ebe- around him. He could disagree with in- H.R. 3892. An act to designate the facility nezer Scrooge in the Hale Center Thea- dividuals and groups but was never dis- of the United States Postal Service located ter’s annual production of A Christmas agreeable. at 8771 Auburn Folsom Road in Roseville, Carol. Richard Wilkins’ life serves as an il- California, as the ‘‘Lance Corporal Victor A. In the canon of literary classics, lustration of the renowned biblical Dew Post Office’’; to the Committee on Charles Dicken’s Scrooge is a beloved charge ‘‘Let your light so shine before Homeland Security and Governmental Af- but unlikely hero, a selfish miser men, that they may see your good fairs. turned community benefactor. Wilkins works, and glorify your Father which H.R. 3912. An act to designate the facility of the United States Postal Service located embraced the dynamic nature of is in heaven.’’ He was a man blessed at 110 Mastic Road in Mastic Beach, New Scrooge’s transformation and saw the with tremendous talents and he used York, as the ‘‘Brigadier General Nathaniel role as an opportunity to convey much those talents to bless all those with Woodhull Post Office Building’’; to the Com- deeper lessons regarding the values of whom he came in contact, in his own mittee on Homeland Security and Govern- family and personal improvement. The community and around the world. mental Affairs. Hale Center opened in 1985 and cast Richard’s global vision and reach H.R. 5738. An act to designate the facility then 32-year-old Richard as Scrooge, brought the power of family values to of the United States Postal Service located certainly unaware that they had found the forefront of international dis- at 15285 Samohin Drive in Macomb, Michi- gan, as the ‘‘Lance Cpl. Anthony A. DiLisio their star for the next 27 consecutive course, particularly in developing na- Clinton-Macomb Carrier Annex’’; to the seasons. tions striving to solidify a cultural Committee on Homeland Security and Gov- In 2005, Her Highness Sheikha Moza identity. Sharon and I would like to ex- ernmental Affairs. bint Nasser, the queen of Qatar asked press our deepest condolences to Rich- H.R. 5788. An act to designate the facility him to move to Qatar to lead an insti- ard’s wife Melany, their four children of the United States Postal Service located tute for family studies. He would not Brooke, Brinton, Claire and Rex and at 103 Center Street West in Eatonville, agree until she assured him he would their eight grandchildren.∑ Washington, as the ‘‘National Park Ranger Margaret Anderson Post Office’’; to the Com- be able to return to the Hale Center f every Christmas season to take up his mittee on Homeland Security and Govern- MESSAGE FROM THE HOUSE mental Affairs. top hat and bathrobe to reprise his role H.R. 5954. An act to designate the facility as Scrooge. Richard loved delivering At 11:22 a.m., a message from the of the United States Postal Service located Scrooge’s famous line ‘‘I will honor House of Representatives, delivered by at 320 7th Street in Ellwood City, Pennsyl- Christmas in my heart, and try to keep Mrs. Cole, one of its reading clerks, an- vania, as the ‘‘Sergeant Leslie H. Sabo, Jr. it all the year. I will live in the past, nounced that the House has passed the Post Office Building’’; to the Committee on the present, and the future.’’ Those following bills, in which it requests the Homeland Security and Governmental Af- close to Richard undoubtedly agree concurrence of the Senate: fairs. that he took these words to heart, car- H.R. 2338. An act to designate the facility H. R. 6374. An act to designate the facility of the United States Postal Service located of the Department of Veterans Affairs lo- rying the spirit of Christmas into all cated at 180 Martin Drive in Carrollton, other aspects of his life. at 600 Florida Avenue in Cocoa, Florida, as the ‘‘Harry T. and Harriette Moore Post Of- Georgia, as the ‘‘Trinka Davis Veterans Vil- Richard graduated from my alma lage’’; to the Committee on Veterans’ Af- mater Brigham Young University Law fice’’. H.R. 3892. An act to designate the facility fairs. School in 1979. He served as an assist- of the United States Postal Service located f ant to my father, Solicitor General Rex at 8771 Auburn Folsom Road in Roseville, Lee and argued several cases before the California, as the ‘‘Lance Corporal Victor A. EXECUTIVE AND OTHER United States Supreme Court. Just 5 Dew Post Office’’. COMMUNICATIONS years after his graduation from BYU H.R. 3912. An act to designate the facility The following communications were Law School he returned to teach con- of the United States Postal Service located laid before the Senate, together with stitutional law and civil procedure. He at 110 Mastic Road in Mastic Beach, New York, as the ‘‘Brigadier General Nathaniel accompanying papers, reports, and doc- was a gifted public speaker, well known Woodhull Post Office Building’’. uments, and were referred as indicated: for his engaging lectures in the class- H.R. 5738. An act to designate the facility EC–8290. A communication from the Chief room and scholarly insights on the law. of the United States Postal Service located of Staff, Media Bureau, Federal Communica- He had a unique intelligence that pro- at 15285 Samohin Drive in Macomb, Michi- tions Commission, transmitting, pursuant to pelled him to prominence in the legal gan, as the ‘‘Lance Cpl. Anthony A. DiLisio law, the report of a rule entitled ‘‘Revision world and established him as a power- Clinton-Macomb Carrier Annex’’. of the Commission’s Program Access Rules H.R. 5788. An act to designate the facility ful voice the international community. et al’’ (MB Docket No. 12–68 et al; FCC 12–123) of the United States Postal Service located received during adjournment of the Senate Richards’s greatest contribution to at 103 Center Street West in Eatonville, the world came as an international ad- in the Office of the President of the Senate Washington, as the ‘‘National Park Ranger on October 17, 2012; to the Committee on vocate for family values. His first expo- Margaret Anderson Post Office’’. Commerce, Science, and Transportation. sure to the family values movement H.R. 5954. An act to designate the facility EC–8291. A communication from the Direc- came in an academic effort to change of the United States Postal Service located tor, Office of Sustainable Fisheries, Depart- the language the United Nations used at 320 7th Street in Ellwood City, Pennsyl- ment of Commerce, transmitting, pursuant to portray issues relating to the fam- vania, as the ‘‘Sergeant Leslie H. Sabo, Jr. to law, the report of a rule entitled ‘‘Fish- Post Office Building’’. ily. After engaging with international eries of the Exclusive Economic Zone Off H.R. 6374. An act to designate the facility Alaska; Bering Sea and Aleutian Islands leaders on critical family values issues of the Department of Veterans Affairs lo- his academic curiosity turned into a Management Area; Amendment 97’’ cated at 180 Martin Drive in Carrollton, (RIN0648–BB18) received during adjournment personal mission. He traveled around Georgia, as the ‘‘Trinka Davis Veterans Vil- of the Senate in the Office of the President the world presenting papers on the im- lage’’. of the Senate on October 25, 2012; to the Com- H.R. 6604. An act to designate the federal portance of traditional marriage, the mittee on Commerce, Science, and Transpor- building currently known as Federal Office need to protect children and the sanc- tation. Building 8, located at 200 C Street Southwest EC–8292. A communication from the Direc- tity of life and other family centered in the District of Columbia, as the ‘‘Thomas tor, Office of Sustainable Fisheries, Depart- topics. He served as the managing di- P. O’Neill, Jr. Federal Building’’. ment of Commerce, transmitting, pursuant rector of the Doha International Insti- f tute for Family Studies and Develop- to law, the report of a rule entitled ‘‘Fish- MEASURES REFERRED eries of the Caribbean, Gulf of Mexico, and ment for the nation of Qatar and South Atlantic; Reef Fish Fishery of the founded the World Family Policy Cen- The following bills were read the first Gulf of Mexico; Amendment 34’’ (RIN0648– ter at BYU. His leadership as chairman and the second times by unanimous BB72) received during adjournment of the of the Defend Marriage Coalition consent, and referred as indicated: Senate in the Office of the President of the

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.103 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7211 Senate on November 8, 2012; to the Com- eries, Department of Commerce, transmit- XC223) received during adjournment of the mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- Senate in the Office of the President of the tation. titled ‘‘Fisheries of the Northeastern United Senate on November 8, 2012; to the Com- EC–8293. A communication from the Direc- States; Bluefish Fishery; Quota Transfer’’ mittee on Commerce, Science, and Transpor- tor, Office of Sustainable Fisheries, Depart- (RIN0648–XC235) received during adjourn- tation. ment of Commerce, transmitting, pursuant ment of the Senate in the Office of the Presi- EC–8308. A communication from the Acting to law, the report of a rule entitled ‘‘Atlan- dent of the Senate on October 10, 2012; to the Deputy Director, Office of Sustainable Fish- tic Highly Migratory Species; Silky Shark Committee on Commerce, Science, and eries, Department of Commerce, transmit- Management Measures’’ (RIN0648–BB96) re- Transportation. ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in EC–8301. A communication from the Acting titled ‘‘Fisheries of the Exclusive Economic the Office of the President of the Senate on Deputy Director, Office of Sustainable Fish- Zone Off Alaska; Reallocation of Atka Mack- November 8, 2012; to the Committee on Com- eries, Department of Commerce, transmit- erel in the Bering Sea and Aleutian Islands merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Management Area’’ (RIN0648–XC278) received EC–8294. A communication from the Direc- titled ‘‘Fisheries of the Exclusive Economic during adjournment of the Senate in the Of- tor, Office of Sustainable Fisheries, Depart- Zone Off Alaska; Pacific Cod in the Bering fice of the President of the Senate on No- ment of Commerce, transmitting, pursuant Sea and Aleutian Islands Management Area’’ vember 8, 2012; to the Committee on Com- to law, the report of a rule entitled ‘‘Fish- (RIN0648–XC224) received during adjourn- merce, Science, and Transportation. eries of the Exclusive Economic Zone Off ment of the Senate in the Office of the Presi- EC–8309. A communication from the Acting Alaska; Monitoring and Enforcement Re- dent of the Senate on October 10, 2012; to the Deputy Director, Office of Sustainable Fish- quirements in the Bering Sea and Aleutian Committee on Commerce, Science, and eries, Department of Commerce, transmit- Islands Freezer Longline Fleet; Correction’’ Transportation. ting, pursuant to law, the report of a rule en- (RIN0648–BB67) received during adjournment EC–8302. A communication from the Acting titled ‘‘Fisheries of the Northeastern United of the Senate in the Office of the President Deputy Director, Office of Sustainable Fish- States; Atlantic Herring Fishery; Sub-ACL of the Senate on November 8, 2012; to the eries, Department of Commerce, transmit- (Annual Catch Limit) Harvested for Manage- Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- ment Area 3’’ (RIN0648–XC157) received dur- Transportation. titled ‘‘Snapper-Grouper Fishery of the ing adjournment of the Senate in the Office EC–8295. A communication from the Direc- South Atlantic; Reopening of the 2012 Com- of the President of the Senate on November tor, Office of Sustainable Fisheries, Depart- mercial Sector for Yellowtail Snapper in the 8, 2012; to the Committee on Commerce, ment of Commerce, transmitting, pursuant South Atlantic’’ (RIN0648–XC229) received Science, and Transportation. to law, the report of a rule entitled ‘‘Fish- during adjournment of the Senate in the Of- EC–8310. A communication from the Acting eries of the Northeastern United States; At- fice of the President of the Senate on Octo- Deputy Director, Office of Sustainable Fish- lantic Sea Scallop Fishery; Emergency Rule ber 10, 2012; to the Committee on Commerce, eries, Department of Commerce, transmit- Extension, Closure of the Delmarva Access Science, and Transportation. ting, pursuant to law, the report of a rule en- Area’’ (RIN0648–BC04) received during ad- EC–8303. A communication from the Acting titled ‘‘2012–2013 Accountability Measure and journment of the Senate in the Office of the Deputy Director, Office of Sustainable Fish- Closure for Commercial Black Sea Bass in President of the Senate on November 8, 2012; eries, Department of Commerce, transmit- the South Atlantic’’ (RIN0648–XC152) re- to the Committee on Commerce, Science, ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in and Transportation. titled ‘‘Fisheries of the Exclusive Economic the Office of the President of the Senate on EC–8296. A communication from the Direc- Zone Off Alaska; Pollock in Statistical Area November 8, 2012; to the Committee on Com- tor, Office of Sustainable Fisheries, Depart- 610 in the Gulf of Alaska’’ (RIN0648–XC206) merce, Science, and Transportation. ment of Commerce, transmitting, pursuant received during adjournment of the Senate EC–8311. A communication from the Acting to law, the report of a rule entitled ‘‘Second in the Office of the President of the Senate Deputy Director, Office of Sustainable Fish- Fishing Capacity Reduction Program for the on October 10, 2012; to the Committee on eries, Department of Commerce, transmit- Longline Catcher Processor Subsector of the Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Bering Sea and Aleutian Islands Non-Pollock EC–8304. A communication from the Acting titled ‘‘Fisheries of Exclusive Economic Groundfish Fishery’’ (RIN0648–BB06) received Deputy Director, Office of Sustainable Fish- Zone Off Alaska; Pollock in Statistical Area during adjournment of the Senate in the Of- eries, Department of Commerce, transmit- 620 in the Gulf of Alaska’’ (RIN0648–XC270) fice of the President of the Senate on Octo- ting, pursuant to law, the report of a rule en- received during adjournment of the Senate ber 10, 2012; to the Committee on Commerce, titled ‘‘Fisheries of the Exclusive Economic in the Office of the President of the Senate Science, and Transportation. EC–8297. A communication from the Direc- Zone Off Alaska; Pollock in Statistical Area on November 8, 2012; to the Committee on tor, Office of Sustainable Fisheries, Depart- 620 in the Gulf of Alaska’’ (RIN0648–XC207) Commerce, Science, and Transportation. EC–8312. A communication from the Acting ment of Commerce, transmitting, pursuant received during adjournment of the Senate Deputy Director, Office of Sustainable Fish- to law, the report of a rule entitled ‘‘Fish- in the Office of the President of the Senate eries of the Caribbean, Gulf of Mexico, and on October 10, 2012; to the Committee on eries, Department of Commerce, transmit- South Atlantic; Snapper-Grouper Fishery Off Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- the Southern Atlantic States; Amendment EC–8305. A communication from the Acting titled ‘‘Fisheries of the Exclusive Economic 20A’’ (RIN0648–AY74) received during ad- Deputy Director, Office of Sustainable Fish- Zone Off Alaska; Pollock in Statistical Area journment of the Senate in the Office of the eries, Department of Commerce, transmit- 630 in the Gulf of Alaska’’ (RIN0648–XC271) President of the Senate on October 10, 2012; ting, pursuant to law, the report of a rule en- received during adjournment of the Senate to the Committee on Commerce, Science, titled ‘‘Fisheries of the Northeastern United in the Office of the President of the Senate and Transportation. States; Northeast Multispecies Fisheries on November 8, 2012; to the Committee on EC–8298. A communication from the Acting Management Plan; Northern Red Hake Commerce, Science, and Transportation. Deputy Director, Office of Sustainable Fish- Quota Harvested’’ (RIN0648–XC201) received EC–8313. A communication from the Acting eries, Department of Commerce, transmit- during adjournment of the Senate in the Of- Deputy Director, Office of Sustainable Fish- ting, pursuant to law, the report of a rule en- fice of the President of the Senate on Octo- eries, Department of Commerce, transmit- titled ‘‘Reef Fish Fishery of the Gulf of Mex- ber 10, 2012; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- ico; Gulf of Mexico Individual Fishing Quota Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic Programs’’ (RIN0648–XC227) received during EC–8306. A communication from the Acting Zone Off Alaska; Pacific Ocean Perch in the adjournment of the Senate in the Office of Deputy Director, Office of Sustainable Fish- Bering Sea Subarea of the Bering Sea and the President of the Senate on October 10, eries, Department of Commerce, transmit- Aleutian Islands Management Area’’ 2012; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- (RIN0648–XC320) received during adjourn- Science, and Transportation. titled ‘‘Fisheries of the Caribbean, Gulf of ment of the Senate in the Office of the Presi- EC–8299. A communication from the Acting Mexico, and South Atlantic; 2012 Commer- dent of the Senate on November 8, 2012; to Deputy Director, Office of Sustainable Fish- cial Accountability Measure and Closure for the Committee on Commerce, Science, and eries, Department of Commerce, transmit- South Atlantic Vermilion Snapper’’ Transportation. ting, pursuant to law, the report of a rule en- (RIN0648–XC134) received during adjourn- EC–8314. A communication from the Acting titled ‘‘Fisheries of the Northeastern United ment of the Senate in the Office of the Presi- Deputy Director, Office of Sustainable Fish- States; Northeast Multispecies Fishery; dent of the Senate on November 8, 2012; to eries, Department of Commerce, transmit- Fishing Year 2012 Days-at-Sea Adjustment the Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- for Common Pool Fishery; Announcement of Transportation. titled ‘‘Fisheries of the Caribbean, Gulf of Fishing Year 2011 Sector Annual Catch Enti- EC–8307. A communication from the Acting Mexico, and South Atlantic; 2012 Commer- tlement Carryover’’ (RIN0648–XC168) received Deputy Director, Office of Sustainable Fish- cial Accountability Measure and Closure for during adjournment of the Senate in the Of- eries, Department of Commerce, transmit- South Atlantic Gag and South Atlantic fice of the President of the Senate on Octo- ting, pursuant to law, the report of a rule en- Shallow-Water Grouper’’ (RIN0648–XC135) re- ber 10, 2012; to the Committee on Commerce, titled ‘‘Fisheries Off West Coast States; ceived during adjournment of the Senate in Science, and Transportation. Modifications of the West Coast Commercial the Office of the President of the Senate on EC–8300. A communication from the Acting and Recreational Salmon Fisheries; Inseason November 8, 2012; to the Committee on Com- Deputy Director, Office of Sustainable Fish- Actions No. 15 through No. 21’’ (RIN0648– merce, Science, and Transportation.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.027 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7212 CONGRESSIONAL RECORD — SENATE November 29, 2012 EC–8315. A communication from the Acting 2012; to the Committee on Agriculture, Nu- titled ‘‘Approval and Promulgation of Air Deputy Director, Office of Sustainable Fish- trition, and Forestry. Quality Implementation Plans; Delaware; eries, Department of Commerce, transmit- EC–8323. A communication from the Under Control of Stationary Generator Emissions’’ ting, pursuant to law, the report of a rule en- Secretary of Defense (Acquisition, Tech- (FRL No. 9754–9) received in the Office of the titled ‘‘Fisheries of the Northeastern United nology and Logistics), transmitting, pursu- President of the Senate on November 28, States; Atlantic Herring Fishery; Adjust- ant to law, five (5) Selected Acquisition Re- 2012; to the Committee on Environment and ment to the Atlantic Herring Management ports (SARs) for the quarter ending Sep- Public Works. Area 1A Sub-Annual Catch Limit’’ (RIN0648– tember 2012; to the Committee on Armed EC–8332. A communication from the Direc- XC290) received during adjournment of the Services. tor of the Regulatory Management Division, Senate in the Office of the President of the EC–8324. A communication from the Assist- Environmental Protection Agency, transmit- Senate on November 8, 2012; to the Com- ant Secretary for Export Administration, ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- Bureau of Industry and Security, Depart- titled ‘‘Approval and Promulgation of Air tation. ment of Commerce, transmitting, pursuant Quality Implementation Plans; Pennsyl- EC–8316. A communication from the Acting to law, the report of a rule entitled ‘‘Addi- vania, Allegheny County Incorporation by Deputy Director, Office of Sustainable Fish- tion of Certain Persons to the Entity List’’ Reference of Pennsylvania’s Control of NOX eries, Department of Commerce, transmit- (RIN0694–AF80) received in the Office of the Emissions from Glass Melting Furnaces’’ ting, pursuant to law, the report of a rule en- President of the Senate on November 27, (FRL No. 9755–4) received in the Office of the titled ‘‘Fisheries of the Exclusive Economic 2012; to the Committee on Banking, Housing, President of the Senate on November 28, Zone Off Alaska; Reallocation of Pacific Cod and Urban Affairs. 2012; to the Committee on Environment and in the Bering Sea and Aleutian Islands Man- EC–8325. A communication from the Sec- Public Works. agement Area’’ (RIN0648–XC324) received retary of the Treasury, transmitting, pursu- EC–8333. A communication from the Direc- during adjournment of the Senate in the Of- ant to law, a six-month periodic report on tor of the Regulatory Management Division, fice of the President of the Senate on No- the national emergency with respect to Environmental Protection Agency, transmit- vember 8, 2012; to the Committee on Com- Yemen that was originally declared in Exec- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. utive Order 13611 on May 16, 2012; to the Com- titled ‘‘Approval and Promulgation of Air EC–8317. A communication from the Acting mittee on Banking, Housing, and Urban Af- Quality Implementation Plans; State of Deputy Director, Office of Sustainable Fish- fairs. Florida; Regional Haze State Implementa- eries, Department of Commerce, transmit- EC–8326. A communication from the Direc- tion Plan’’ (FRL No. 9755–8) received in the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Office of the President of the Senate on No- titled ‘‘Fisheries of the Exclusive Economic Environmental Protection Agency, transmit- vember 28, 2012; to the Committee on Envi- Zone Off Alaska; Shallow-Water Species ting, pursuant to law, the report of a rule en- ronment and Public Works. Fishery by Vessels Using Trawl Gear in the titled ‘‘Health and Safety Data Reporting; EC–8334. A communication from the Direc- Gulf of Alaska’’ (RIN0648–XC204) received Addition of Certain Chemicals’’ (RIN2070– tor of the Regulatory Management Division, during adjournment of the Senate in the Of- AJ89) received in the Office of the President Environmental Protection Agency, transmit- fice of the President of the Senate on No- of the Senate on November 28, 2012; to the ting, pursuant to law, the report of a rule en- vember 8, 2012; to the Committee on Com- Committee on Environment and Public titled ‘‘Approval and Promulgation of State merce, Science, and Transportation. Works. Implementation Plans; City of Albu- EC–8318. A communication from the Acting EC–8327. A communication from the Direc- querque—Bernalillo County, New Mexico; Deputy Director, Office of Sustainable Fish- tor of the Regulatory Management Division, Interstate Transport Affecting Visibility and eries, Department of Commerce, transmit- Environmental Protection Agency, transmit- Regional Haze Rule Requirements for Man- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- datory Class I Areas’’ (FRL No. 9755–5) re- titled ‘‘Fisheries of the Exclusive Economic titled ‘‘Approval and Promulgation of Imple- ceived in the Office of the President of the Zone Off Alaska; Arrowtooth Flounder in the mentation Plans; California; Determinations Senate on November 28, 2012; to the Com- Bering Sea and Aleutian Islands Manage- of Attainment for the 1997 8-Hour Ozone mittee on Environment and Public Works. ment Area’’ (RIN0648–XC129) received in the Standard’’ (FRL No. 9757–1) received in the EC–8335. A communication from the Chief Office of the President of the Senate on Sep- Office of the President of the Senate on No- of the Publications and Regulations Branch, tember 21, 2012; to the Committee on Com- vember 28, 2012; to the Committee on Envi- Internal Revenue Service, Department of the merce, Science, and Transportation. ronment and Public Works. Treasury, transmitting, pursuant to law, the EC–8319. A communication from the Acting EC–8328. A communication from the Direc- report of a rule entitled ‘‘Modification of Deputy Director, Office of Sustainable Fish- tor of the Regulatory Management Division, Revenue Procedure 2007–44’’ (Rev. Proc. 2012– eries, Department of Commerce, transmit- Environmental Protection Agency, transmit- 50) received in the Office of the President of ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- the Senate on November 26, 2012; to the Com- titled ‘‘Fisheries of the Exclusive Economic titled ‘‘Revisions to the California State Im- mittee on Finance. Zone Off Alaska; Pacific Cod by Vessels plementation Plan, San Joaquin Valley EC–8336. A communication from the Chief Using Pot Gear in the Central Regulatory United Air Pollution Control District of the Publications and Regulations Branch, Area of the Gulf of Alaska’’ (RIN0648–XC323) (SJVUAPCD) and South Coast Air Quality Internal Revenue Service, Department of the received during adjournment of the Senate Management District (SCAQMD)’’ (FRL No. Treasury, transmitting, pursuant to law, the in the Office of the President of the Senate 9737–1) received in the Office of the President report of a rule entitled ‘‘Guidance on Regu- on November 8, 2012; to the Committee on of the Senate on November 28, 2012; to the lations to be Issued Regarding the Deduction Commerce, Science, and Transportation. Committee on Environment and Public and Capitalization of Expenditures Related EC–8320. A communication from the Acting Works. to Tangible Property’’ (Notice 2012–73) re- Deputy Director, Office of Sustainable Fish- EC–8329. A communication from the Direc- ceived in the Office of the President of the eries, Department of Commerce, transmit- tor of the Regulatory Management Division, Senate on November 26, 2012; to the Com- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- mittee on Finance. titled ‘‘Fisheries of the Exclusive Economic ting, pursuant to law, the report of a rule en- EC–8337. A communication from the Chief Zone Off Alaska; Pollock in Statistical Area titled ‘‘Revisions to the California State Im- of the Publications and Regulations Branch, 620 in the Gulf of Alaska’’ (RIN0648–XC319) plementation Plan, San Joaquin Valley Uni- Internal Revenue Service, Department of the received during adjournment of the Senate fied Air Pollution Control District Treasury, transmitting, pursuant to law, the in the Office of the President of the Senate (SJVUAPCD)’’ (FRL No. 9730–3) received in report of a rule entitled ‘‘Applicable Federal on November 8, 2012; to the Committee on the Office of the President of the Senate on Rates—December 2012’’ (Rev. Rul. 2012–31) re- Commerce, Science, and Transportation. November 28, 2012; to the Committee on En- ceived in the Office of the President of the EC–8321. A communication from the Direc- vironment and Public Works. Senate on November 26, 2012; to the Com- tor, National Institute of Food and Agri- EC–8330. A communication from the Direc- mittee on Finance. culture, Department of Agriculture, trans- tor of the Regulatory Management Division, EC–8338. A communication from the Assist- mitting, pursuant to law, the report of a rule Environmental Protection Agency, transmit- ant Secretary, Bureau of Political-Military entitled ‘‘Hispanic-Serving Agricultural Col- ting, pursuant to law, the report of a rule en- Affairs, Department of State, transmitting, leges and Universities (HSACU)’’ (RIN0524– titled ‘‘Approval and Promulgation of Air pursuant to law, an addendum to a certifi- AA39) received during adjournment in the Quality Implementation Plans; Pennsyl- cation, transmittal number: DDTC 12–139, of Office of the President of the Senate on No- vania; Allegheny County Incorporation by the proposed sale or export of defense arti- vember 16, 2012; to the Committee on Agri- Reference of Pennsylvania’s Consumer Prod- cles and/or defense services to a Middle East culture, Nutrition, and Forestry. ucts Regulations’’ (FRL No. 9755–2) received country regarding any possible affects such a EC–8322. A communication from the Direc- in the Office of the President of the Senate sale might have relating to Israel’s Quali- tor of the Regulatory Management Division, on November 28, 2012; to the Committee on tative Military Edge over military threats to Environmental Protection Agency, transmit- Environment and Public Works. Israel; to the Committee on Foreign Rela- ting, pursuant to law, the report of a rule en- EC–8331. A communication from the Direc- tions. titled ‘‘Fenpropathrin; Pesticide Tolerances’’ tor of the Regulatory Management Division, EC–8339. A communication from the Assist- (FRL No. 9366–1) received in the Office of the Environmental Protection Agency, transmit- ant Secretary, Bureau of Political-Military President of the Senate on November 28, ting, pursuant to law, the report of a rule en- Affairs, Department of State, transmitting,

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.029 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7213 pursuant to law, an addendum to a certifi- AO47) received in the Office of the President the Office of the President of the Senate on cation, transmittal number: DDTC 12–155, of of the Senate on November 27, 2012; to the October 25, 2012; to the Committee on Com- the proposed sale or export of defense arti- Committee on Veterans’ Affairs. merce, Science, and Transportation. cles and/or defense services to a Middle East EC–8350. A communication from the Senior EC–8359. A communication from the In- country regarding any possible affects such a Program Analyst, Federal Aviation Adminis- spector General of the Federal Trade Com- sale might have relating to Israel’s Quali- tration, Department of Transportation, mission, transmitting, pursuant to law, an tative Military Edge over military threats to transmitting, pursuant to law, the report of external peer review report on the Commis- Israel; to the Committee on Foreign Rela- a rule entitled ‘‘Amendment of Class B Air- sion’s audit activities; to the Committee on tions. space; Salt Lake City, Utah’’ ((RIN2120– Commerce, Science, and Transportation. EC–8340. A communication from the Assist- AA66) (Docket No. FAA–2011–0438)) received EC–8360. A communication from the Sec- ant Secretary, Legislative Affairs, Depart- during adjournment of the Senate in the Of- retary, Bureau of Trade Affairs, Federal ment of State, transmitting, certification of fice of the President of the Senate on Sep- Maritime Commission, transmitting, pursu- proposed issuance of an export license pursu- tember 27, 2012; to the Committee on Com- ant to law, the report of a rule entitled ant to section 36(c) of the Arms Export Con- merce, Science, and Transportation. ‘‘Commission’s Rules of Practice and Proce- trol Act (Transmittal No. DDTC 12–135); to EC–8351. A communication from the Pro- dure’’ (RIN3072–AC43) received during ad- the Committee on Foreign Relations. gram Analyst, Financial Operations Office of journment of the Senate in the Office of the EC–8341. A communication from the Assist- Managing Director, Federal Communications President of the Senate on October 26, 2012; ant Secretary, Legislative Affairs, Depart- Commission, transmitting, pursuant to law, to the Committee on Commerce, Science, ment of State, transmitting, certification of the report of a rule entitled ‘‘Assessment and and Transportation. proposed issuance of an export license pursu- Collection of Regulatory Fees for Fiscal EC–8361. A communication from the Attor- ant to section 36(c) of the Arms Export Con- Year 2012’’ (FCC 12–116) received during ad- ney-Advisor, U.S. Coast Guard, Department trol Act (Transmittal No. DDTC 12–150); to journment of the Senate in the Office of the of Homeland Security, transmitting, pursu- the Committee on Foreign Relations. President of the Senate on October 10, 2012; ant to law, the report of a rule entitled EC–8342. A communication from the Assist- to the Committee on Commerce, Science, ‘‘Standards for Living Organisms in Ships’ ant Secretary, Legislative Affairs, Depart- and Transportation. Ballast Water Discharged in U.S. Waters’’ ment of State, transmitting, certification of EC–8352. A communication from the Attor- ((RIN1625–AA32) (Docket No. USCG–2012– proposed issuance of an export license pursu- ney-Advisor, U.S. Coast Guard, Department 10486)) received during adjournment of the ant to sections 36(c) and 36(d) of the Arms of Homeland Security, transmitting, pursu- Senate in the Office of the President of the Export Control Act (Transmittal No. DDTC ant to law, the report of a rule entitled ‘‘Spe- Senate on September 21, 2012; to the Com- 12–127); to the Committee on Foreign Rela- cial Local Regulation; Port Huron Offshore mittee on Commerce, Science, and Transpor- tions. Gran Prix, St. Clair River; Port Huron, MI’’ tation. EC–8362. A communication from the Chief EC–8343. A communication from the Assist- ((RIN1625–AA00; RIN1625–AA–08) (Docket No. of the Publications and Regulations Branch, ant Secretary, Legislative Affairs, Depart- USCG–2012–0700)) received during adjourn- Internal Revenue Service, Department of the ment of State, transmitting, certification of ment of the Senate in the Office of the Presi- Treasury, transmitting, pursuant to law, the proposed issuance of an export license pursu- dent of the Senate on September 26, 2012; to report of a rule entitled ‘‘Extension of Dead- ant to sections 36(c) and 36(d) of the Arms the Committee on Commerce, Science, and line to Amend for Section 436’’ (Notice 2012– Export Control Act (Transmittal No. DDTC Transportation. 70) received in the Office of the President of 12–092); to the Committee on Foreign Rela- EC–8353. A communication from the Attor- the Senate on November 26, 2012; to the Com- tions. ney-Advisor, U.S. Coast Guard, Department mittee on Finance. EC–8344. A communication from the Direc- of Homeland Security, transmitting, pursu- EC–8363. A communication from the Sec- tor, Directorate of Standards and Guidance, ant to law, the report of a rule entitled ‘‘Spe- retary of the Commission, Bureau of Com- Occupational Safety and Health Administra- cial Local Regulations for Marine Events, petition, Federal Trade Commission, trans- tion, transmitting, pursuant to law, the re- Wrightsville Channel; Wrightsville Beach, mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Updating OSHA NC’’ ((RIN1625–AA00; RIN1625–AA–08) (Docket entitled ‘‘Rules of Practice’’ (16 CFR Parts 2 Standards Based on National Consensus No. USCG–2012–0482)) received during ad- and 4) received during adjournment of the Standards; Head Protection’’ (RIN1218–AC65) journment of the Senate in the Office of the Senate in the Office of the President of the received in the Office of the President of the President of the Senate on September 26, Senate on October 16, 2012; to the Committee Senate on November 27, 2012; to the Com- 2012; to the Committee on Commerce, on Commerce, Science, and Transportation. mittee on Health, Education, Labor, and Science, and Transportation. EC–8364. A communication from the Chief Pensions. EC–8354. A communication from the Sec- of Staff, Wireless Telecommunications Bu- EC–8345. A communication from the Sec- retary, Bureau of Consumer Protection, Fed- reau, Federal Communications Commission, retary of Health and Human Services, trans- eral Trade Commission, transmitting, pursu- transmitting, pursuant to law, the report of mitting, pursuant to law, a report entitled ant to law, the report of a rule entitled a rule entitled ‘‘Private Land Mobile Radio ‘‘Report to Congress on the Prevention and ‘‘Guides for the Use of Environmental Mar- Rules’’ (FCC 12–114) received during adjourn- Reduction of Underage Drinking’’; to the keting Claims’’ (16 CFR Part 260) received ment of the Senate in the Office of the Presi- Committee on Health, Education, Labor, and during adjournment of the Senate in the Of- dent of the Senate on October 26, 2012; to the Pensions. fice of the President of the Senate on No- Committee on Commerce, Science, and EC–8346. A communication from the Chair- vember 7, 2012; to the Committee on Com- Transportation. man, U.S. Nuclear Regulatory Commission, merce, Science, and Transportation. EC–8365. A communication from the Chief transmitting, pursuant to law, the Commis- EC–8355. A communication from the Sec- of the Policy and Rules Division, Office of sion’s Performance and Accountability Re- retary of Transportation, transmitting, pur- Engineering and Technology, Federal Com- port for fiscal year 2012; to the Committee on suant to law, the Department of Transpor- munications Commission, transmitting, pur- Homeland Security and Governmental Af- tation’s fiscal year 2012 annual report; to the suant to law, the report of a rule entitled fairs. Committee on Commerce, Science, and ‘‘Amendment of Part 27 of the Commission’s EC–8347. A communication from the Ad- Transportation. Rules to Govern the Operation of Wireless ministrator of the Agency for International EC–8356. A communication from the Sec- Communications Services in the 2.3 GHz Development (USAID), transmitting, pursu- retary of Transportation, transmitting, pur- Band; WT Docket No. 07–293; Establishment ant to law, the Semiannual Report of the In- suant to law, a report entitled, ‘‘Funda- of Rules and Policies for the Digital Audio spector General for the period from April 1, mental Properties of Asphalts and Modified Radio Satellite Service in the 2310–2360 MHz 2012, through September 30, 2012; to the Com- Asphalts—III’’; to the Committee on Com- Frequency Band; IIB Docket No. 95–91’’ (FCC mittee on Homeland Security and Govern- merce, Science, and Transportation. 12–130) received in the Office of the President mental Affairs. EC–8357. A communication from the Assist- of the Senate on November 27, 2012; to the EC–8348. A communication from the Acting ant Administrator for Procurement, Na- Committee on Commerce, Science, and Assistant Attorney General, Office of Legis- tional Aeronautics and Space Administra- Transportation. lative Affairs, Department of Justice, trans- tion, transmitting, pursuant to law, the re- EC–8366. A communication from the Chief mitting, pursuant to law, an annual report port of a rule entitled ‘‘Cross Waivers of Li- of the Satellite Division, International Bu- relative to the activities and operations of ability Clauses’’ (RIN2700–AD55) received reau, Federal Communications Commission, the Public Integrity Section, Criminal Divi- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of sion, and the nationwide federal law enforce- fice of the President of the Senate on Octo- a rule entitled ‘‘In the Matter of 2006 Bien- ment effort against public corruption; to the ber 25, 2012; to the Committee on Commerce, nial Regulatory Review—Revision of Part Committee on the Judiciary. Science, and Transportation. 25’’ (FCC 12–116) received during adjournment EC–8349. A communication from the Direc- EC–8358. A communication from the Assist- of the Senate in the Office of the President tor of the Regulation Policy and Manage- ant Administrator for Procurement, Na- of the Senate on October 17, 2012; to the Com- ment Office of the General Counsel, Veterans tional Aeronautics and Space Administra- mittee on Commerce, Science, and Transpor- Health Administration, Department of Vet- tion, transmitting, pursuant to law, the re- tation. erans Affairs, transmitting, pursuant to law, port of a rule entitled ‘‘Commercial Acquisi- EC–8367. A communication from the Chief the report of a rule entitled ‘‘Authorization tion; Anchor Tenancy’’ (RIN2700–AD64) re- of Staff, Media Bureau, Federal Communica- for non-VA Medical Services’’ (RIN2900– ceived during adjournment of the Senate in tions Commission, transmitting, pursuant to

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.031 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7214 CONGRESSIONAL RECORD — SENATE November 29, 2012 law, the report of a rule entitled ‘‘Amend- consumer’s informed, written consent on an Army nomination of Rena L. P. Hope, to be ment of Section 73.202(b), Table of Allot- ongoing basis and that consent may be ob- Major. ments, FM Broadcast Stations (Randsburg, tained through the Internet. Army nomination of Derek D. Hyun, to be California)’’ (MB Docket No. 12–177) received Major. f during adjournment of the Senate in the Of- Army nomination of Michael T. Simpson, fice of the President of the Senate on Octo- to be Major. EXECUTIVE REPORTS OF Army nomination of Michael D. Pierce, to ber 17, 2012; to the Committee on Commerce, COMMITTEES Science, and Transportation. be Lieutenant Colonel. Army nomination of Tammie E. Crews, to EC–8368. A communication from the Chair- The following executive reports of be Lieutenant Colonel. man of the Office of Proceedings, Surface nominations were submitted: Army nominations beginning with Ken- Transportation Board, Department of Trans- By Mr. LEVIN for the Committee on neth M. Jordan and ending with Suzanne portation, transmitting, pursuant to law, the Armed Services. McNellis, which nominations were received report of a rule entitled ‘‘Civil Monetary Air Force nomination of Colonel Stephen by the Senate and appeared in the Congres- Penalty Inflation Adjustment Rule’’ (Docket J. Linsenmeyer, Jr., to be Brigadier General. sional Record on November 13, 2012. No. EP 716—Board Decision 42595) received Air Force nomination of Col. Calvin H. Army nominations beginning with Madlene during adjournment of the Senate in the Of- Elam, to be Brigadier General. M. Eskarose and ending with Alexander K. fice of the President of the Senate on No- Air Force nominations beginning with Jhang, which nominations were received by vember 8, 2012; to the Committee on Com- Brig. Gen. Mark E. Bartman and ending with the Senate and appeared in the Congres- merce, Science, and Transportation. Brig. Gen. Eric G. Weller, which nominations sional Record on November 13, 2012. EC–8369. A communication from the Office were received by the Senate and appeared in Army nominations beginning with Milton Director of the National Ocean Service, Na- the Congressional Record on September 13, J. Foust and ending with Charles E. Lerner, tional Oceanic and Atmospheric Administra- 2012. (minus 1 nominee: Brig. Gen. James C. which nominations were received by the Sen- tion, Department of Commerce, transmit- Witham) ate and appeared in the Congressional ting, pursuant to law, the report of a rule en- Air Force nominations beginning with Record on November 13, 2012. Army nominations beginning with William titled ‘‘Expansion of Fagatele Bay National Colonel Glen M. Baker and ending with Colo- T. Monacci and ending with Hua C. Yang, Marine Sanctuary, Regulatory Changes, and nel Randall A. Spear, Jr., which nominations which nominations were received by the Sen- Sanctuary Name Change’’ (RIN0648–BA24) re- were received by the Senate and appeared in ate and appeared in the Congressional ceived in the Office of the President of the the Congressional Record on September 13, Senate on November 16, 2012; to the Com- Record on November 13, 2012. 2012. (minus 2 nominees: Colonel Richard W. Army nominations beginning with Stephen mittee on Commerce, Science, and Transpor- Kelly; Colonel Jill J. Nelson) tation. J. Dalal and ending with Timothy L. Settle, Army nomination of Colonel John H. Hort, which nominations were received by the Sen- EC–8370. A communication from the Acting to be Brigadier General. Assistant General Counsel for Regulatory ate and appeared in the Congressional Army nomination of Brig. Gen. Joseph Record on November 13, 2012. Affairs, Consumer Product Safety Commis- Caravalho, Jr., to be Major General. sion, transmitting, pursuant to law, the re- Army nominations beginning with Jesse J. Army nomination of Col. Clayton M. Abbott and ending with Rhett M. Starnes, port of a rule entitled ‘‘Safety Standard for Hutmacher, to be Brigadier General. Play Yards’’ (RIN3041–AC92) received during which nominations were received by the Sen- Army nomination of Col. Kyle E. Goerke, ate and appeared in the Congressional adjournment of the Senate in the Office of to be Brigadier General. Record on November 13, 2012. the President of the Senate on October 3, Army nomination of Col. Peter A. Bosse, Army nominations beginning with John E. 2012; to the Committee on Commerce, to be Brigadier General. Balser and ending with Scott W. Shaffer, Science, and Transportation. Army nomination of Col. Joseph E. which nominations were received by the Sen- EC–8371. A communication from the Acting Whitlock, to be Brigadier General. ate and appeared in the Congressional Secretary of the Commission, Bureau of Con- Army nomination of Brig. Gen. Karen E. Record on November 13, 2012. sumer Protection, Federal Trade Commis- LeDoux, to be Major General. Army nominations beginning with Fran- sion, transmitting, pursuant to law, the re- Army nomination of Brig. Gen. David G. cisco Diazgonzalez and ending with David B. port of a rule entitled ‘‘Telemarketing Sales Clarkson, to be Major General. Webb, which nominations were received by Rules’’ (RIN3084–AB19) received in the Office Army nomination of Maj. Gen. Mark A. the Senate and appeared in the Congres- of the President of the Senate on September Milley, to be Lieutenant General. sional Record on November 13, 2012. 10, 2012; to the Committee on Commerce, *Marine Corps nomination of Lt. Gen. John Army nominations beginning with Gregory Science, and Transportation. M. Paxton, Jr., to be General. M. Barrow and ending with James E. Vallee, EC–8372. A communication from the Sec- *Marine Corps nomination of Gen. Joseph which nominations were received by the Sen- retary of Transportation, transmitting, pur- F. Dunford, Jr., to be General. ate and appeared in the Congressional suant to law, a report entitled ‘‘National Navy nomination of Rear Adm. Kenneth E. Record on November 13, 2012. Plan of Integrated Airport Systems (NPIAS) Floyd, to be Vice Admiral. Army nominations beginning with Gregory 2013–2017’’; to the Committee on Commerce, L. Bowman and ending with D011022, which Science, and Transportation. Mr. LEVIN. Mr. President, for the nominations were received by the Senate and EC–8373. A communication from the Chief Committee on Armed Services I report appeared in the Congressional Record on No- of the Government Affairs Division, National favorably the following nomination vember 13, 2012. Transportation Safety Board, transmitting, lists which were printed in the RECORD Army nominations beginning with Tracy pursuant to law, the Board’s annual submis- on the dates indicated, and ask unani- L. Baker and ending with Gayla W. sion regarding agency compliance with the Wilsondunn, which nominations were re- Federal Manager’s Financial Integrity Act mous consent, to save the expense of ceived by the Senate and appeared in the and revised Office of Management and Budg- reprinting on the Executive Calendar Congressional Record on November 13, 2012. et (OMB) Circular A–123; to the Committee that these nominations lie at the Sec- Army nominations beginning with Brian on Commerce, Science, and Transportation. retary’s desk for the information of Almquist and ending with D011046, which EC–8374. A communication from the Gen- Senators. nominations were received by the Senate and eral Counsel, National Transportation Safe- The PRESIDING OFFICER. Without appeared in the Congressional Record on No- ty Board, transmitting, pursuant to law, the objection, it is so ordered. vember 13, 2012. report of a rule entitled ‘‘Rules of Practice Navy nomination of Terry N. Traweek, to in Air Safety Proceedings’’ (Docket No. Air Force nominations beginning with be Lieutenant Commander. NTSB–GC–2011–0001) received during adjourn- Demea A. Alderman and ending with Felisa Navy nomination of Stefanie M. ment of the Senate in the Office of the Presi- L. Wilson, which nominations were received Wheelbarger, to be Lieutenant Commander. Navy nomination of Carl A. Riddick, to be dent of the Senate on October 15, 2012; to the by the Senate and appeared in the Congres- sional Record on November 13, 2012. Captain. Committee on Commerce, Science, and Navy nominations beginning with Kevin S. Transportation. Army nomination of William A. Christmas, to be Colonel. Hart and ending with Michael J. Jacques, f Army nomination of Alan F. Pomaville, to which nominations were received by the Sen- REPORTS OF COMMITTEES be Colonel. ate and appeared in the Congressional Army nomination of James Bentley, to be Record on November 13, 2012. The following reports of committees Colonel. By Mr. LEAHY for the Committee on the were submitted: Army nomination of Vincent D. Thompson, Judiciary. Angela Tammy Dickinson, of Missouri, to By Mr. LEAHY, from the Committee on to be Colonel. be United States Attorney for the Western the Judiciary, with an amendment in the na- Army nomination of Luis F. Diaz, to be District of Missouri for the term of four ture of a substitute and an amendment to Major. years. the title: Army nomination of David C. Buckhannon, H.R. 2471. A bill to amend section 2710 of to be Major. *Nomination was reported with rec- title 18, United States Code, to clarify that a Army nomination of Anthony Cascarano, ommendation that it be confirmed sub- video tape service provider may obtain a to be Major. ject to the nominee’s commitment to

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.033 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7215 respond to requests to appear and tes- LEE, Mr. LEVIN, Mr. LIEBERMAN, Mr. S. 2234 tify before any duly constituted com- LUGAR, Mr. MANCHIN, Mr. MCCAIN, At the request of Mr. BLUMENTHAL, mittee of the Senate. Mrs. MCCASKILL, Mr. MENENDEZ, Mr. the name of the Senator from Arkansas MERKLEY, Ms. MIKULSKI, Mr. MORAN, (Nominations without an asterisk (Mr. BOOZMAN) was added as a cospon- Ms. MURKOWSKI, Mrs. MURRAY, Mr. sor of S. 2234, a bill to prevent human were reported with the recommenda- NELSON of Nebraska, Mr. NELSON of tion that they be confirmed.) Florida, Mr. PAUL, Mr. PORTMAN, Mr. trafficking in government contracting. f PRYOR, Mr. REED, Mr. RISCH, Mr. S. 2347 ROBERTS, Mr. ROCKEFELLER, Mr. At the request of Mr. VITTER, the INTRODUCTION OF BILLS AND RUBIO, Mr. SANDERS, Mr. SCHUMER, name of the Senator from Idaho (Mr. JOINT RESOLUTIONS Mr. SESSIONS, Mr. SHELBY, Ms. RISCH) was added as a cosponsor of S. The following bills and joint resolu- SNOWE, Ms. STABENOW, Mr. TESTER, 2347, a bill to amend title XVIII of the Mr. THUNE, Mr. TOOMEY, Mr. UDALL tions were introduced, read the first Social Security Act to ensure the con- of Colorado, Mr. UDALL of New Mex- and second times by unanimous con- ico, Mr. VITTER, Mr. WARNER, Mr. tinued access of Medicare beneficiaries sent, and referred as indicated: WEBB, Mr. WHITEHOUSE, Mr. WICKER, to diagnostic imaging services. By Ms. KLOBUCHAR (for herself and and Mr. WYDEN): S. 3487 Ms. SNOWE): S. Res. 604. A resolution relative to the At the request of Mr. COBURN, the S. 3647. A bill to amend title 10, United death of the Honorable Warren B. Rudman, name of the Senator from Massachu- States Code, to improve and enhance the ca- former United States Senator for the State setts (Mr. BROWN) was added as a co- pabilities of the Armed Forces to prevent of New Hampshire; considered and agreed to. sponsor of S. 3487, a bill to provide for and respond to sexual assault and sexual har- f assment in the Armed Forces, and for other auditable financial statements for the purposes; to the Committee on Armed Serv- ADDITIONAL COSPONSORS Department of Defense, and for other purposes. ices. S. 1086 By Mr. BENNET (for himself and Mr. S. 3616 At the request of Mr. HARKIN, the UDALL of Colorado): name of the Senator from New Jersey At the request of Ms. LANDRIEU, the S. 3648. A bill to exclude from gross income names of the Senator from Oregon (Mr. for purposes of the Internal Revenue Code of (Mr. LAUTENBERG) was added as a co- WYDEN) and the Senator from Mary- 1986 any payments made from the Aurora sponsor of S. 1086, a bill to reauthorize Victim Relief Fund to the victims of the the Special Olympics Sport and Em- land (Ms. MIKULSKI) were added as co- tragic event at the Century 16 Cinema in Au- powerment Act of 2004, to provide as- sponsors of S. 3616, a bill to amend the rora, Colorado, on July 20, 2012; to the Com- sistance to Best Buddies to support the Internal Revenue Code of 1986 to make mittee on Finance. expansion and development of men- permanent the expansion of tax bene- By Mr. LAUTENBERG: toring programs, and for other pur- fits for adoption enacted in 2001 and to S. 3649. A bill to amend the Comprehensive poses. permanently reinstate the expansion of Environmental Response, Compensation, and tax benefits for adoption enacted in S. 1616 Liability Act of 1980 to provide assistance for 2010, and for other purposes. natural disaster response at Superfund sites, At the request of Mr. MENENDEZ, the S.J. RES. 45 and for other purposes; to the Committee on name of the Senator from North Caro- At the request of Mrs. HUTCHISON, the Environment and Public Works. lina (Mrs. HAGAN) was added as a co- name of the Senator from Ohio (Mr. By Mr. UDALL of Colorado (for him- sponsor of S. 1616, a bill to amend the self, Mr. CRAPO, Mr. BENNET, and Mr. PORTMAN) was added as a cosponsor of Internal Revenue Code of 1986 to ex- BARRASSO): S.J. Res. 45, a joint resolution amend- empt certain stock of real estate in- S. 3650. A bill to amend the Internal Rev- ing title 36, United States Code, to des- vestment trusts from the tax on for- enue Code of 1986 to facilitate water leasing ignate June 19 as ‘‘Juneteenth Inde- eign investments in United States real and water transfers to promote conservation pendence Day’’. and efficiency; to the Committee on Finance. property interests, and for other pur- S. RES. 453 f poses. At the request of Mr. HARKIN, the S. 1696 SUBMISSION OF CONCURRENT AND name of the Senator from California At the request of Mr. LEAHY, the SENATE RESOLUTIONS (Mrs. BOXER) was added as a cosponsor name of the Senator from Delaware The following concurrent resolutions of S. Res. 453, a resolution expressing (Mr. COONS) was added as a cosponsor the sense of the Senate that supporting and Senate resolutions were read, and of S. 1696, a bill to improve the Public referred (or acted upon), as indicated: seniors and individuals with disabil- Safety Officers’ Benefits Program. ities is an important responsibility of By Mr. INOUYE (for himself and Mr. S. 1728 the United States, and that a com- ALEXANDER): At the request of Mr. BROWN of Mas- S. Res. 603. A resolution designating the prehensive approach to expanding and week of November 26 through November 30, sachusetts, the name of the Senator supporting a strong home care work- 2012, as National Nurse-Managed Health from Montana (Mr. BAUCUS) was added force and making long-term services Clinic Week; considered and agreed to. as a cosponsor of S. 1728, a bill to and supports affordable and accessible By Mrs. SHAHEEN (for herself, Ms. amend title 18, United States Code, to in communities is necessary to uphold AYOTTE, Mr. REID, Mr. MCCONNELL, establish a criminal offense relating to the right of seniors and individuals Mr. AKAKA, Mr. ALEXANDER, Mr. BAR- fraudulent claims about military serv- with disabilities in the United States RASSO, Mr. BAUCUS, Mr. BEGICH, Mr. ice. to a dignified quality of life. BENNET, Mr. BINGAMAN, Mr. S. 1908 BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- S. RES. 518 MAN, Mrs. BOXER, Mr. BROWN of Mas- At the request of Mr. GRASSLEY, the At the request of Ms. LANDRIEU, the sachusetts, Mr. BROWN of Ohio, Mr. name of the Senator from North Da- name of the Senator from Iowa (Mr. BURR, Ms. CANTWELL, Mr. CARDIN, kota (Mr. CONRAD) was added as a co- GRASSLEY) was added as a cosponsor of Mr. CARPER, Mr. CASEY, Mr. CHAM- sponsor of S. 1908, a bill to amend the S. Res. 518, a resolution congratulating BLISS, Mr. COATS, Mr. COBURN, Mr. Internal Revenue Code of 1986 to clarify the Southern Baptist Convention for COCHRAN, Ms. COLLINS, Mr. CONRAD, the employment tax treatment and re- electing Reverend Fred Luter, Jr., as Mr. COONS, Mr. CORKER, Mr. CORNYN, porting of wages paid by professional Mr. CRAPO, Mr. DEMINT, Mr. DURBIN, the president of the Southern Baptist Mr. ENZI, Mrs. FEINSTEIN, Mr. employer organization, and for other Convention, acknowledging Reverend FRANKEN, Mrs. GILLIBRAND, Mr. GRA- purposes. Luter’s unique role as the first African- HAM, Mr. GRASSLEY, Mrs. HAGAN, Mr. S. 2004 American leader of the Southern Bap- HARKIN, Mr. HATCH, Mr. HELLER, Mr. At the request of Mr. UDALL of New tist Convention, and honoring the com- HOEVEN, Mrs. HUTCHISON, Mr. INHOFE, Mexico, the name of the Senator from mitment of the Southern Baptist Con- Mr. INOUYE, Mr. ISAKSON, Mr. Minnesota (Mr. FRANKEN) was added as vention to an inclusive faith-based JOHANNS, Mr. JOHNSON of Wisconsin, community and society. Mr. JOHNSON of South Dakota, Mr. a cosponsor of S. 2004, a bill to grant KERRY, Mr. KIRK, Ms. KLOBUCHAR, the Congressional Gold Medal to the S. RES. 595 Mr. KOHL, Mr. KYL, Ms. LANDRIEU, troops who defended Bataan during At the request of Ms. LANDRIEU, the Mr. LAUTENBERG, Mr. LEAHY, Mr. World War II. names of the Senator from Connecticut

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.036 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7216 CONGRESSIONAL RECORD — SENATE November 29, 2012 (Mr. BLUMENTHAL), the Senator from AMENDMENT NO. 2970 (Mr. SESSIONS) and the Senator from Iowa (Mr. GRASSLEY), the Senator from At the request of Mr. INHOFE, the Florida (Mr. RUBIO) were added as co- South Carolina (Mr. GRAHAM), the Sen- name of the Senator from Vermont sponsors of amendment No. 2999 in- ator from Washington (Mrs. MURRAY), (Mr. SANDERS) was added as a cospon- tended to be proposed to S. 3254, an the Senator from Missouri (Mr. BLUNT), sor of amendment No. 2970 intended to original bill to authorize appropria- the Senator from South Dakota (Mr. be proposed to S. 3254, an original bill tions for fiscal year 2013 for military JOHNSON), the Senator from Michigan to authorize appropriations for fiscal activities of the Department of De- (Mr. LEVIN), the Senator from Kansas year 2013 for military activities of the fense, for military construction, and (Mr. MORAN), the Senator from Alaska Department of Defense, for military for defense activities of the Depart- (Ms. MURKOWSKI), the Senator from Il- construction, and for defense activities ment of Energy, to prescribe military linois (Mr. DURBIN), the Senator from of the Department of Energy, to pre- personnel strengths for such fiscal South Dakota (Mr. THUNE), the Sen- scribe military personnel strengths for year, and for other purposes. ator from Massachusetts (Mr. KERRY) such fiscal year, and for other pur- AMENDMENT NO. 3004 and the Senator from Minnesota (Ms. poses. At the request of Ms. AYOTTE, the KLOBUCHAR) were added as cosponsors AMENDMENT NO. 2982 names of the Senator from Alabama of S. Res. 595, a resolution expressing At the request of Mrs. BOXER, the (Mr. SESSIONS), the Senator from Flor- support for the goals of National Adop- name of the Senator from West Vir- ida (Mr. RUBIO) and the Senator from tion Day and National Adoption Month ginia (Mr. ROCKEFELLER) was added as Pennsylvania (Mr. TOOMEY) were added by promoting national awareness of a cosponsor of amendment No. 2982 in- as cosponsors of amendment No. 3004 adoption and the children awaiting tended to be proposed to S. 3254, an intended to be proposed to S. 3254, an families, celebrating children and fami- original bill to authorize appropria- original bill to authorize appropria- lies involved in adoption, and encour- tions for fiscal year 2013 for military tions for fiscal year 2013 for military aging the people of the United States activities of the Department of De- activities of the Department of De- to secure safety, permanency, and well- fense, for military construction, and fense, for military construction, and being for all children. for defense activities of the Depart- for defense activities of the Depart- AMENDMENT NO. 2940 ment of Energy, to prescribe military ment of Energy, to prescribe military At the request of Mr. BLUMENTHAL, personnel strengths for such fiscal personnel strengths for such fiscal the names of the Senator from North year, and for other purposes. year, and for other purposes. ONRAD AMENDMENT NO. 2989 Dakota (Mr. C ) and the Senator AMENDMENT NO. 3005 from Alaska (Mr. BEGICH) were added At the request of Mrs. MURRAY, the At the request of Ms. AYOTTE, the as cosponsors of amendment No. 2940 name of the Senator from North Caro- names of the Senator from Alabama proposed to S. 3254, an original bill to lina (Mr. BURR) was withdrawn as a co- (Mr. SESSIONS) and the Senator from authorize appropriations for fiscal year sponsor of amendment No. 2989 pro- Florida (Mr. RUBIO) were added as co- 2013 for military activities of the De- posed to S. 3254, an original bill to au- sponsors of amendment No. 3005 in- partment of Defense, for military con- thorize appropriations for fiscal year tended to be proposed to S. 3254, an struction, and for defense activities of 2013 for military activities of the De- original bill to authorize appropria- the Department of Energy, to prescribe partment of Defense, for military con- tions for fiscal year 2013 for military military personnel strengths for such struction, and for defense activities of activities of the Department of De- fiscal year, and for other purposes. the Department of Energy, to prescribe fense, for military construction, and AMENDMENT NO 2941 military personnel strengths for such . for defense activities of the Depart- fiscal year, and for other purposes. At the request of Mr. BLUMENTHAL, ment of Energy, to prescribe military the name of the Senator from Alaska AMENDMENT NO. 2997 personnel strengths for such fiscal (Mr. BEGICH) was added as a cosponsor At the request of Mr. CASEY, the year, and for other purposes. of amendment No. 2941 intended to be names of the Senator from Alaska (Mr. AMENDMENT NO. 3009 proposed to S. 3254, an original bill to BEGICH), the Senator from South Caro- authorize appropriations for fiscal year lina (Mr. GRAHAM), the Senator from At the request of Mr. SESSIONS, the 2013 for military activities of the De- Delaware (Mr. COONS) and the Senator name of the Senator from Georgia (Mr. partment of Defense, for military con- from New York (Mrs. GILLIBRAND) were CHAMBLISS) was added as a cosponsor of struction, and for defense activities of added as cosponsors of amendment No. amendment No. 3009 intended to be pro- the Department of Energy, to prescribe 2997 intended to be proposed to S. 3254, posed to S. 3254, an original bill to au- military personnel strengths for such an original bill to authorize appropria- thorize appropriations for fiscal year fiscal year, and for other purposes. tions for fiscal year 2013 for military 2013 for military activities of the De- partment of Defense, for military con- AMENDMENT NO. 2946 activities of the Department of De- struction, and for defense activities of At the request of Mr. PRYOR, the fense, for military construction, and the Department of Energy, to prescribe name of the Senator from Alaska (Mr. for defense activities of the Depart- military personnel strengths for such BEGICH) was added as a cosponsor of ment of Energy, to prescribe military fiscal year, and for other purposes. amendment No. 2946 intended to be pro- personnel strengths for such fiscal posed to S. 3254, an original bill to au- year, and for other purposes. AMENDMENT NO. 3014 thorize appropriations for fiscal year AMENDMENT NO. 2998 At the request of Mr. REED, the name 2013 for military activities of the De- At the request of Ms. AYOTTE, the of the Senator from Pennsylvania (Mr. partment of Defense, for military con- names of the Senator from South Caro- CASEY) was added as a cosponsor of struction, and for defense activities of lina (Mr. GRAHAM), the Senator from amendment No. 3014 intended to be pro- the Department of Energy, to prescribe Alabama (Mr. SESSIONS) and the Sen- posed to S. 3254, an original bill to au- military personnel strengths for such ator from Florida (Mr. RUBIO) were thorize appropriations for fiscal year fiscal year, and for other purposes. added as cosponsors of amendment No. 2013 for military activities of the De- AMENDMENT NO. 2962 2998 intended to be proposed to S. 3254, partment of Defense, for military con- At the request of Ms. COLLINS, her an original bill to authorize appropria- struction, and for defense activities of name was added as a cosponsor of tions for fiscal year 2013 for military the Department of Energy, to prescribe amendment No. 2962 proposed to S. activities of the Department of De- military personnel strengths for such 3254, an original bill to authorize ap- fense, for military construction, and fiscal year, and for other purposes. propriations for fiscal year 2013 for for defense activities of the Depart- AMENDMENT NO. 3017 military activities of the Department ment of Energy, to prescribe military At the request of Mr. REED, the name of Defense, for military construction, personnel strengths for such fiscal of the Senator from Colorado (Mr. BEN- and for defense activities of the De- year, and for other purposes. NET) was added as a cosponsor of partment of Energy, to prescribe mili- AMENDMENT NO. 2999 amendment No. 3017 intended to be pro- tary personnel strengths for such fiscal At the request of Ms. AYOTTE, the posed to S. 3254, an original bill to au- year, and for other purposes. names of the Senator from Alabama thorize appropriations for fiscal year

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.039 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7217 2013 for military activities of the De- military personnel strengths for such posed to S. 3254, an original bill to au- partment of Defense, for military con- fiscal year, and for other purposes. thorize appropriations for fiscal year struction, and for defense activities of AMENDMENT NO. 3049 2013 for military activities of the De- the Department of Energy, to prescribe At the request of Mr. UDALL of New partment of Defense, for military con- military personnel strengths for such Mexico, the name of the Senator from struction, and for defense activities of fiscal year, and for other purposes. Montana (Mr. TESTER) was added as a the Department of Energy, to prescribe AMENDMENT NO. 3018 cosponsor of amendment No. 3049 in- military personnel strengths for such At the request of Mrs. FEINSTEIN, the tended to be proposed to S. 3254, an fiscal year, and for other purposes. names of the Senator from Alaska (Mr. original bill to authorize appropria- AMENDMENT NO. 3081 BEGICH) and the Senator from West tions for fiscal year 2013 for military At the request of Mr. BARRASSO, the Virginia (Mr. ROCKEFELLER) were added activities of the Department of De- name of the Senator from Alaska (Mr. as cosponsors of amendment No. 3018 fense, for military construction, and BEGICH) was added as a cosponsor of proposed to S. 3254, an original bill to for defense activities of the Depart- amendment No. 3081 intended to be pro- authorize appropriations for fiscal year ment of Energy, to prescribe military posed to S. 3254, an original bill to au- 2013 for military activities of the De- personnel strengths for such fiscal thorize appropriations for fiscal year partment of Defense, for military con- year, and for other purposes. 2013 for military activities of the De- struction, and for defense activities of AMENDMENT NO. 3058 partment of Defense, for military con- the Department of Energy, to prescribe At the request of Mrs. GILLIBRAND, struction, and for defense activities of military personnel strengths for such the names of the Senator from Georgia the Department of Energy, to prescribe fiscal year, and for other purposes. (Mr. CHAMBLISS) and the Senator from military personnel strengths for such AMENDMENT NO. 3021 Florida (Mr. RUBIO) were added as co- fiscal year, and for other purposes. At the request of Mr. CARDIN, the sponsors of amendment No. 3058 pro- AMENDMENT NO. 3085 name of the Senator from Maryland posed to S. 3254, an original bill to au- At the request of Mr. VITTER, the (Ms. MIKULSKI) was added as a cospon- thorize appropriations for fiscal year name of the Senator from Massachu- sor of amendment No. 3021 intended to 2013 for military activities of the De- setts (Mr. BROWN) was added as a co- be proposed to S. 3254, an original bill partment of Defense, for military con- sponsor of amendment No. 3085 pro- to authorize appropriations for fiscal struction, and for defense activities of posed to S. 3254, an original bill to au- year 2013 for military activities of the the Department of Energy, to prescribe thorize appropriations for fiscal year Department of Defense, for military military personnel strengths for such 2013 for military activities of the De- construction, and for defense activities fiscal year, and for other purposes. partment of Defense, for military construction, and for defense activities of of the Department of Energy, to pre- AMENDMENT NO. 3059 the Department of Energy, to prescribe scribe military personnel strengths for At the request of Mr. TOOMEY, the military personnel strengths for such such fiscal year, and for other pur- name of the Senator from Pennsyl- fiscal year, and for other purposes. poses. vania (Mr. CASEY) was added as a co- At the request of Ms. LANDRIEU, her AMENDMENT NO. 3025 sponsor of amendment No. 3059 pro- name was added as a cosponsor of At the request of Mr. CARDIN, the posed to S. 3254, an original bill to au- amendment No. 3085 proposed to S. names of the Senator from California thorize appropriations for fiscal year 3254, supra. OXER 2013 for military activities of the De- (Mrs. B ) and the Senator from AMENDMENT NO. 3090 partment of Defense, for military con- Vermont (Mr. LEAHY) were added as co- At the request of Mr. LIEBERMAN, the sponsors of amendment No. 3025 instruction, and for defense activities of names of the Senator from Maryland the Department of Energy, to prescribe tended to be proposed to S. 3254, an (Ms. MIKULSKI), the Senator from Dela- military personnel strengths for such original bill to authorize appropria- ware (Mr. COONS) and the Senator from fiscal year, and for other purposes. tions for fiscal year 2013 for military Pennsylvania (Mr. CASEY) were added activities of the Department of De- AMENDMENT NO. 3063 as cosponsors of amendment No. 3090 fense, for military construction, and At the request of Mr. MCCONNELL, his proposed to S. 3254, an original bill to for defense activities of the Depart- name was added as a cosponsor of authorize appropriations for fiscal year ment of Energy, to prescribe military amendment No. 3063 intended to be pro- 2013 for military activities of the De- personnel strengths for such fiscal posed to S. 3254, an original bill to au- partment of Defense, for military con- year, and for other purposes. thorize appropriations for fiscal year struction, and for defense activities of At the request of Mrs. MURRAY, her 2013 for military activities of the De- the Department of Energy, to prescribe name was added as a cosponsor of partment of Defense, for military con- military personnel strengths for such amendment No. 3025 intended to be pro- struction, and for defense activities of fiscal year, and for other purposes. posed to S. 3254, supra. the Department of Energy, to prescribe At the request of Ms. MURKOWSKI, her AMENDMENT NO. 3026 military personnel strengths for such name was added as a cosponsor of At the request of Mr. TESTER, the fiscal year, and for other purposes. amendment No. 3090 proposed to S. name of the Senator from Alaska (Mr. AMENDMENT NO. 3066 3254, supra. BEGICH) was added as a cosponsor of At the request of Mr. TOOMEY, the AMENDMENT NO. 3095 amendment No. 3026 intended to be pro- name of the Senator from Pennsyl- At the request of Mrs. HAGAN, the posed to S. 3254, an original bill to au- vania (Mr. CASEY) was added as a co- names of the Senator from New Hamp- thorize appropriations for fiscal year sponsor of amendment No. 3066 in- shire (Mrs. SHAHEEN), the Senator from 2013 for military activities of the De- tended to be proposed to S. 3254, an Maine (Ms. COLLINS), the Senator from partment of Defense, for military con- original bill to authorize appropria- New York (Mr. SCHUMER), the Senator struction, and for defense activities of tions for fiscal year 2013 for military from Michigan (Ms. STABENOW), the the Department of Energy, to prescribe activities of the Department of De- Senator from Rhode Island (Mr. WHITE- military personnel strengths for such fense, for military construction, and HOUSE), the Senator from Delaware fiscal year, and for other purposes. for defense activities of the Depart- (Mr. COONS), the Senator from New AMENDMENT NO. 3029 ment of Energy, to prescribe military Mexico (Mr. UDALL) and the Senator At the request of Mr. TESTER, the personnel strengths for such fiscal from Montana (Mr. TESTER) were added name of the Senator from Alaska (Mr. year, and for other purposes. as cosponsors of amendment No. 3095 BEGICH) was added as a cosponsor of AMENDMENT NO. 3073 proposed to S. 3254, an original bill to amendment No. 3029 intended to be pro- At the request of Mr. NELSON of Flor- authorize appropriations for fiscal year posed to S. 3254, an original bill to au- ida, the names of the Senator from 2013 for military activities of the De- thorize appropriations for fiscal year Michigan (Ms. STABENOW), the Senator partment of Defense, for military con- 2013 for military activities of the De- from Rhode Island (Mr. WHITEHOUSE) struction, and for defense activities of partment of Defense, for military con- and the Senator from Alaska (Mr. the Department of Energy, to prescribe struction, and for defense activities of BEGICH) were added as cosponsors of military personnel strengths for such the Department of Energy, to prescribe amendment No. 3073 intended to be pro- fiscal year, and for other purposes.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.041 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7218 CONGRESSIONAL RECORD — SENATE November 29, 2012 AMENDMENT NO. 3096 AMENDMENT NO. 3105 BEGICH) was added as a cosponsor of At the request of Mr. MERKLEY, the At the request of Ms. KLOBUCHAR, the amendment No. 3138 intended to be pro- names of the Senator from Montana names of the Senator from Pennsyl- posed to S. 3254, an original bill to au- (Mr. BAUCUS), the Senator from Alaska vania (Mr. TOOMEY) and the Senator thorize appropriations for fiscal year (Mr. BEGICH), the Senator from New from Maryland (Ms. MIKULSKI) were 2013 for military activities of the De- Mexico (Mr. BINGAMAN), the Senator added as cosponsors of amendment No. partment of Defense, for military con- from California (Mrs. BOXER), the Sen- 3105 intended to be proposed to S. 3254, struction, and for defense activities of ator from Ohio (Mr. BROWN), the Sen- an original bill to authorize appropria- the Department of Energy, to prescribe ator from Washington (Ms. CANTWELL), tions for fiscal year 2013 for military military personnel strengths for such the Senator from Maryland (Mr. activities of the Department of De- fiscal year, and for other purposes. CARDIN), the Senator from North Da- fense, for military construction, and AMENDMENT NO. 3144 kota (Mr. CONRAD), the Senator from for defense activities of the Depart- At the request of Mr. WEBB, the name Illinois (Mr. DURBIN), the Senator from ment of Energy, to prescribe military of the Senator from Montana (Mr. BAU- Minnesota (Mr. FRANKEN), the Senator personnel strengths for such fiscal CUS) was added as a cosponsor of from New York (Mrs. GILLIBRAND), the year, and for other purposes. amendment No. 3144 intended to be pro- Senator from Iowa (Mr. HARKIN), the AMENDMENT NO. 3106 posed to S. 3254, an original bill to au- Senator from Minnesota (Ms. KLO- At the request of Ms. KLOBUCHAR, the thorize appropriations for fiscal year BUCHAR), the Senator from Vermont name of the Senator from Maryland 2013 for military activities of the De- (Mr. LEAHY), the Senator from (Ms. MIKULSKI) was added as a cospon- partment of Defense, for military con- Vermont (Mr. SANDERS), the Senator sor of amendment No. 3106 intended to struction, and for defense activities of from New York (Mr. SCHUMER), the be proposed to S. 3254, an original bill the Department of Energy, to prescribe Senator from Rhode Island (Mr. WHITE- to authorize appropriations for fiscal military personnel strengths for such HOUSE) and the Senator from Utah (Mr. year 2013 for military activities of the fiscal year, and for other purposes. Department of Defense, for military LEE) were added as cosponsors of AMENDMENT NO. 3145 construction, and for defense activities amendment No. 3096 proposed to S. At the request of Mr. WARNER, the of the Department of Energy, to pre- 3254, an original bill to authorize ap- name of the Senator from Ohio (Mr. scribe military personnel strengths for propriations for fiscal year 2013 for PORTMAN) was added as a cosponsor of such fiscal year, and for other pur- military activities of the Department amendment No. 3145 intended to be proposes. of Defense, for military construction, posed to S. 3254, an original bill to au- AMENDMENT NO. 3111 and for defense activities of the De- thorize appropriations for fiscal year At the request of Mr. COBURN, the partment of Energy, to prescribe mili- 2013 for military activities of the De- name of the Senator from Massachu- tary personnel strengths for such fiscal partment of Defense, for military con- setts (Mr. BROWN) was added as a co- year, and for other purposes. struction, and for defense activities of sponsor of amendment No. 3111 in- At the request of Mr. BLUMENTHAL, the Department of Energy, to prescribe his name was added as a cosponsor of tended to be proposed to S. 3254, an original bill to authorize appropria- military personnel strengths for such amendment No. 3096 proposed to S. fiscal year, and for other purposes. 3254, supra. tions for fiscal year 2013 for military activities of the Department of De- AMENDMENT NO. 3153 AMENDMENT NO. 3102 fense, for military construction, and At the request of Mr. UDALL of New At the request of Ms. KLOBUCHAR, the for defense activities of the Depart- Mexico, the name of the Senator from name of the Senator from Maryland ment of Energy, to prescribe military California (Mrs. BOXER) was added as a (Ms. MIKULSKI) was added as a cospon- personnel strengths for such fiscal cosponsor of amendment No. 3153 in- sor of amendment No. 3102 intended to year, and for other purposes. tended to be proposed to S. 3254, an be proposed to S. 3254, an original bill AMENDMENT NO. 3122 original bill to authorize appropria- to authorize appropriations for fiscal At the request of Mr. WICKER, the tions for fiscal year 2013 for military year 2013 for military activities of the names of the Senator from Florida (Mr. activities of the Department of De- Department of Defense, for military NELSON) and the Senator from Con- fense, for military construction, and construction, and for defense activities necticut (Mr. LIEBERMAN) were added for defense activities of the Depart- of the Department of Energy, to pre- as cosponsors of amendment No. 3122 ment of Energy, to prescribe military scribe military personnel strengths for intended to be proposed to S. 3254, an personnel strengths for such fiscal such fiscal year, and for other pur- original bill to authorize appropria- year, and for other purposes. poses. tions for fiscal year 2013 for military AMENDMENT NO. 3154 AMENDMENT NO. 3103 activities of the Department of De- At the request of Mr. UDALL of New At the request of Ms. KLOBUCHAR, the fense, for military construction, and Mexico, the name of the Senator from name of the Senator from Maryland for defense activities of the Depart- California (Mrs. BOXER) was added as a (Ms. MIKULSKI) was added as a cospon- ment of Energy, to prescribe military cosponsor of amendment No. 3154 in- sor of amendment No. 3103 intended to personnel strengths for such fiscal tended to be proposed to S. 3254, an be proposed to S. 3254, an original bill year, and for other purposes. original bill to authorize appropria- to authorize appropriations for fiscal AMENDMENT NO. 3124 tions for fiscal year 2013 for military year 2013 for military activities of the At the request of Mr. BLUMENTHAL, activities of the Department of De- Department of Defense, for military the names of the Senator from New fense, for military construction, and construction, and for defense activities Hampshire (Ms. AYOTTE), the Senator for defense activities of the Depart- of the Department of Energy, to pre- from Arkansas (Mr. BOOZMAN), the Sen- ment of Energy, to prescribe military scribe military personnel strengths for ator from Maryland (Ms. MIKULSKI) and personnel strengths for such fiscal such fiscal year, and for other pur- the Senator from Missouri (Mrs. year, and for other purposes. poses. MCCASKILL) were added as cosponsors AMENDMENT NO. 3158 AMENDMENT NO. 3104 of amendment No. 3124 proposed to S. At the request of Mr. CORNYN, the At the request of Mr. TOOMEY, his 3254, an original bill to authorize ap- names of the Senator from Massachu- name was added as a cosponsor of propriations for fiscal year 2013 for setts (Mr. BROWN) and the Senator amendment No. 3104 intended to be pro- military activities of the Department from West Virginia (Mr. MANCHIN) were posed to S. 3254, an original bill to au- of Defense, for military construction, added as cosponsors of amendment No. thorize appropriations for fiscal year and for defense activities of the De- 3158 proposed to S. 3254, an original bill 2013 for military activities of the De- partment of Energy, to prescribe mili- to authorize appropriations for fiscal partment of Defense, for military con- tary personnel strengths for such fiscal year 2013 for military activities of the struction, and for defense activities of year, and for other purposes. Department of Defense, for military the Department of Energy, to prescribe AMENDMENT NO. 3138 construction, and for defense activities military personnel strengths for such At the request of Ms. MURKOWSKI, the of the Department of Energy, to pre- fiscal year, and for other purposes. name of the Senator from Alaska (Mr. scribe military personnel strengths for

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.043 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7219 such fiscal year, and for other pur- tions for fiscal year 2013 for military their income comes from their member poses. activities of the Department of De- assessments. The 85-percent rule is AMENDMENT NO. 3175 fense, for military construction, and meant to ensure that the members of At the request of Mr. RUBIO, the for defense activities of the Depart- tax-exempt cooperatives are not able name of the Senator from Florida (Mr. ment of Energy, to prescribe military to enrich themselves by making invest- NELSON) was added as a cosponsor of personnel strengths for such fiscal ments unrelated to their charitable amendment No. 3175 intended to be pro- year, and for other purposes. purpose. posed to S. 3254, an original bill to au- AMENDMENT NO. 3183 Over time, however, the cost to maintain and operate aging water in- thorize appropriations for fiscal year At the request of Mr. SANDERS, the frastructure has made it impossible for 2013 for military activities of the De- name of the Senator from Rhode Island many mutual ditch and irrigation com- partment of Defense, for military con- (Mr. WHITEHOUSE) was added as a co- struction, and for defense activities of panies to operate solely on member in- sponsor of amendment No. 3183 income. If member assessments were the Department of Energy, to prescribe tended to be proposed to S. 3254, an large enough to cover the true cost of military personnel strengths for such original bill to authorize appropria- operations, it would be cost prohibitive fiscal year, and for other purposes. tions for fiscal year 2013 for military for most farmers to use the water to ir- AMENDMENT NO. 3179 activities of the Department of De- rigate crops, leading to a loss of irri- At the request of Mr. BENNET, the fense, for military construction, and gated farmland. names of the Senator from Maryland for defense activities of the Depart- To sustain irrigated farmland, ditch (Mr. CARDIN) and the Senator from Col- ment of Energy, to prescribe military and irrigation companies supplement orado (Mr. UDALL) were added as co- personnel strengths for such fiscal the cost of operations with non-mem- sponsors of amendment No. 3179 in- year, and for other purposes. ber income from, for example, rec- tended to be proposed to S. 3254, an AMENDMENT NO. 3184 reational leases, crossing fees, storage original bill to authorize appropria- At the request of Mr. CARPER, the rights and the exchange of water tions for fiscal year 2013 for military names of the Senator from Virginia rights. This is a good thing, but this activities of the Department of De- (Mr. WEBB), the Senator from New supplemental income can jeopardize fense, for military construction, and York (Mrs. GILLIBRAND), the Senator the company’s tax-exempt status. for defense activities of the Depart- from West Virginia (Mr. ROCKEFELLER) My legislation would exempt certain ment of Energy, to prescribe military and the Senator from Iowa (Mr. HAR- sources of income from the 85-percent personnel strengths for such fiscal KIN) were added as cosponsors of member income test for mutual ditch year, and for other purposes. amendment No. 3184 intended to be pro- and irrigation companies. However, to AMENDMENT NO. 3180 posed to S. 3254, an original bill to au- be excluded, the revenue from these At the request of Mr. WHITEHOUSE, thorize appropriations for fiscal year sources must be used for the tax-ex- the names of the Senator from Mary- 2013 for military activities of the De- empt purposes of the company. My leg- land (Ms. MIKULSKI), the Senator from partment of Defense, for military con- islation specifically requires non-mem- California (Mrs. FEINSTEIN), the Sen- struction, and for defense activities of ber income to be used for operations or maintenance of the mutual ditch or ir- ator from Virginia (Mr. WARNER), the the Department of Energy, to prescribe rigation company in order to be ex- Senator from Hawaii (Mr. AKAKA), the military personnel strengths for such empted from the 85-percent test. Senator from Ohio (Mr. BROWN), the fiscal year, and for other purposes. By excluding these revenue streams, Senator from Michigan (Ms. STABE- f we can support local agriculture and NOW), the Senator from Arkansas (Mr. help ditch and irrigation companies PRYOR), the Senator from Nebraska STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS stay in business, while at the same (Mr. NELSON), the Senator from Dela- time providing for more efficient use of ware (Mr. CARPER) and the Senator By Mr. UDALL of Colorado (for precious water resources. Further, by from Idaho (Mr. RISCH) were added as himself, Mr. CRAPO, Mr. BEN- requiring that the proceeds be used ex- cosponsors of amendment No. 3180 pro- NET, and Mr. BARRASSO): clusively for operations and mainte- posed to S. 3254, an original bill to au- S. 3650. A bill to amend the Internal nance of the ditch or irrigation com- thorize appropriations for fiscal year Revenue Code of 1986 to facilitate pany, we will ensure that this income 2013 for military activities of the De- water leasing and water transfers to is reinvested in water infrastructure, partment of Defense, for military con- promote conservation and efficiency; helping to create and preserve rural struction, and for defense activities of to the Committee on Finance. jobs and our agricultural heritage. the Department of Energy, to prescribe Mr. UDALL of Colorado. Mr. Presi- Mr. President, I ask unanimous con- military personnel strengths for such dent, today I am introducing bipar- sent that the text of the bill be printed fiscal year, and for other purposes. tisan legislation that will improve the in the RECORD. AMENDMENT NO. 3181 viability of agriculture and rural com- There being no objection, the text of At the request of Mr. WHITEHOUSE, munities in western States like Colo- the bill was ordered to be printed in the names of the Senator from Colo- rado. This legislation will make it easi- the RECORD, as follows: rado (Mr. UDALL), the Senator from er for mutual ditch and irrigation com- S. 3650 Maryland (Mr. CARDIN), the Senator panies, which are an integral part of Be it enacted by the Senate and House of Rep- from Connecticut (Mr. LIEBERMAN) and agriculture in arid regions where you resentatives of the United States of America in the Senator from Minnesota (Mr. often have to transport irrigation Congress assembled, SECTION 1. SHORT TITLE. FRANKEN) were added as cosponsors of water over long distances, to remain This Act may be cited as the ‘‘Ditch and Ir- amendment No. 3181 intended to be pro- profitable. rigation Company Tax Reform Act’’. posed to S. 3254, an original bill to au- I thank my colleagues Senators SEC. 2. FACILITATE WATER LEASING AND WATER thorize appropriations for fiscal year CRAPO, BENNET and BARRASSO for join- TRANSFERS TO PROMOTE CON- 2013 for military activities of the De- ing me in this effort. SERVATION AND EFFICIENCY. partment of Defense, for military con- Mutual ditch and irrigation compa- (a) IN GENERAL.—Paragraph (12) of section struction, and for defense activities of 501(c) of the Internal Revenue Code of 1986 is nies are primarily associations of farm- amended by adding at the end the following the Department of Energy, to prescribe ers who band together to construct and new subparagraph: military personnel strengths for such operate water delivery and storage sys- ‘‘(I) TREATMENT OF MUTUAL DITCH OR IRRI- fiscal year, and for other purposes. tems for use on semi-arid farmland. GATION COMPANIES.— AMENDMENT NO. 3182 For 150 years, mutual ditch and irriga- ‘‘(i) IN GENERAL.—In the case of a mutual At the request of Mr. SANDERS, the tion companies have installed and ditch or irrigation company or like organiza- name of the Senator from West Vir- maintained this kind of infrastructure tion, subparagraph (A) shall be applied without taking into account any income received ginia (Mr. MANCHIN) was added as a co- to convey water to irrigated lands in or accrued— sponsor of amendment No. 3182 in- the West. ‘‘(I) from the sale, lease, or exchange of fee tended to be proposed to S. 3254, an These companies can qualify for tax- or other interests in real property, including original bill to authorize appropria- exempt status if at least 85 percent of interests in water,

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.045 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7220 CONGRESSIONAL RECORD — SENATE November 29, 2012 ‘‘(II) from the sale or exchange of stock in as clinical education sites for students enter- Mr. RUBIO, Mr. SANDERS, Mr. SCHUMER, a mutual ditch or irrigation company or like ing the health profession; Mr. SESSIONS, Mr. SHELBY, Ms. SNOWE, organization or contract rights for the deliv- Whereas nurse-managed health clinics Ms. STABENOW, Mr. TESTER, Mr. THUNE, ery or use of water, or strengthen the health care safety net by ex- Mr. TOOMEY, Mr. UDALL of Colorado, ‘‘(III) from the investment of proceeds panding access to primary care and chronic from sales, leases, or exchanges under sub- disease management services for vulnerable Mr. UDALL of New Mexico, Mr. VITTER, clauses (I) and (II), and medically underserved populations in di- Mr. WARNER, Mr. WEBB, Mr. WHITE- except that any income received under sub- verse rural, urban, and suburban commu- HOUSE, Mr. WICKER, and Mr. WYDEN) clause (I), (II), or (III) which is distributed or nities; submitted the following resolution; expended for expenses other than operations Whereas research has shown that nurse- which was considered and agreed to: and maintenance of the mutual ditch or irri- managed health clinics experience high pa- S. RES. 604 gation company or like organization shall be tient retention and patient satisfaction Whereas Warren B. Rudman served in the treated as non-member income in the year in rates, and nurse-managed health clinic pa- United States Army during the Korean War which it is distributed or expended. For pur- tients experience higher rates of generic with the rank of Lieutenant, earning the poses of the preceding sentence, expenses medication fills and lower hospitalization Bronze Star for action in combat as an infan- other than operations and maintenance in- rates when compared to similar safety net try commander; clude expenses for the construction of con- providers; Whereas Warren B. Rudman rendered ex- veyances designed to deliver water outside of Whereas the 2011 report of the Institute of ceptional service to the State of New Hamp- the mutual ditch or irrigation company or Medicine on the future of nursing highlights shire as Attorney General for 6 years, an of- like organization system. the work nurse-managed health clinics are fice to which he brought honor; ‘‘(ii) TREATMENT OF ORGANIZATIONAL GOV- doing to reduce health disparities by bring- Whereas Warren B. Rudman served the ERNANCE.—In the case of a mutual ditch or ing evidence-based care to individuals who people of New Hampshire with distinction for irrigation company or like organization, may not otherwise receive needed services; 12 years in the United States Senate; where State law provides that such a com- and Whereas Warren B. Rudman served the pany or organization may be organized in a Whereas nurse-managed health clinics of- Senate as Chairman of the Select Committee manner that permits voting on a basis which fering both primary care and wellness serv- on Ethics in the 99th Congress; is pro-rata to share ownership on corporate ices provide quality care in a cost-effective Whereas Warren B. Rudman served the governance matters, subparagraph (A) shall manner: Now, therefore, be it Senate as Vice Chairman of the Select Com- be applied without taking into account Resolved, That the Senate— mittee on Secret Military Assistance to Iran whether its member shareholders have one (1) designates the week of November 26 and the Nicaraguan Opposition with impar- vote on corporate governance matters per through November 30, 2012, as ‘‘National tiality and honesty; share held in the corporation. Nothing in Nurse-Managed Health Clinic Week’’; Whereas, while serving in the Senate, War- this clause shall be construed to create any (2) supports the ideals and goals of Na- ren B. Rudman authored laws to support inference about the requirements of this sub- tional Nurse-Managed Health Clinic Week; small business and reduce the budget deficits section for companies or organizations not and of the United States; included in this clause.’’. (3) encourages the expansion of nurse-man- Whereas Warren B. Rudman co-founded the (b) EFFECTIVE DATE.—The amendments aged health clinics so that nurse-managed Concord Coalition to educate the public made by this section shall apply to taxable health clinics may continue to serve as about the dangers of Federal budget deficits; years beginning after the date of the enact- health care workforce development sites for Whereas the hallmarks of Warren B. Rud- ment of this Act. the next generation of primary care pro- man’s public service were integrity, courage, viders. f and an unflagging commitment to the com- f mon good; and SUBMITTED RESOLUTIONS Whereas, with the death of Warren B. Rud- SENATE RESOLUTION 604—REL- man, New Hampshire and the United States ATIVE TO THE DEATH OF THE have lost an outstanding lawmaker and pub- SENATE RESOLUTION 603—DESIG- HONORABLE WARREN B. RUD- lic servant: Now, therefore, be it NATING THE WEEK OF NOVEM- MAN, FORMER UNITED STATES Resolved, That— BER 26 THROUGH NOVEMBER 30, SENATOR FOR THE STATE OF (1) the Senate has received with profound 2012, AS NATIONAL NURSE-MAN- NEW HAMPSHIRE sorrow and deep regret the announcement of the passing of the Honorable Warren B. Rud- AGED HEALTH CLINIC WEEK Mrs. SHAHEEN (for herself, Ms. man, a former member of the United States Mr. INOUYE (for himself and Mr. AYOTTE, Mr. REID of Nevada, Mr. Senate; ALEXANDER) submitted the following MCCONNELL, Mr. AKAKA, Mr. ALEX- (2) the Senate respectfully requests that resolution; which was considered and ANDER, Mr. BARRASSO, Mr. BAUCUS, Mr. Secretary of the Senate communicate this resolution to the House of Representatives agreed to: BEGICH, Mr. BENNET, Mr. BINGAMAN, and transmit an enrolled copy thereof to the S. RES. 603 Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- family of the deceased; and Whereas nurse-managed health clinics are MAN, Mrs. BOXER, Mr. BROWN of Massa- (3) when the Senate adjourns today, it nonprofit community-based health care sites chusetts, Mr. BROWN of Ohio, Mr. BURR, stand adjourned as a further mark of respect that offer primary care and wellness services Ms. CANTWELL, Mr. CARDIN, Mr. CAR- to the memory of the Honorable Warren B. based on the nursing model; PER, Mr. CASEY, Mr. CHAMBLISS, Mr. Rudman. Whereas the nursing model emphasizes the COATS, Mr. COBURN, Mr. COCHRAN, Ms. f protection, promotion, and optimization of COLLINS, Mr. CONRAD, Mr. COONS, Mr. health, the prevention of illness, the allevi- AMENDMENTS SUBMITTED AND CORKER, Mr. CORNYN, Mr. CRAPO, Mr. ation of suffering, and the diagnosis and PROPOSED treatment of illness; DEMINT, Mr. DURBIN, Mr. ENZI, Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- SA 3188. Mr. WARNER submitted an Whereas nurse-managed health clinics are amendment intended to be proposed by him BRAND, Mr. GRAHAM, Mr. GRASSLEY, led by advanced practice nurses and staffed to the bill S. 3254, to authorize appropria- by an interdisciplinary team of highly quali- Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, tions for fiscal year 2013 for military activi- fied health care professionals; Mr. HELLER, Mr. HOEVEN, Mrs. ties of the Department of Defense, for mili- Whereas nurse-managed health clinics HUTCHISON, Mr. INHOFE, Mr. INOUYE, tary construction, and for defense activities offer a broad scope of services, including Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- of the Department of Energy, to prescribe treatment for acute and chronic illnesses, SON of Wisconsin, Mr. JOHNSON of military personnel strengths for such fiscal routine physical exams, immunizations for South Dakota, Mr. KERRY, Mr. KIRK, year, and for other purposes; which was or- adults and children, disease screenings, dered to lie on the table. Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, health education, prenatal care, dental care, SA 3189. Mr. WARNER submitted an and drug and alcohol treatment; Ms. LANDRIEU, Mr. LAUTENBERG, Mr. amendment intended to be proposed by him Whereas, as of June 2011, more than 200 LEAHY, Mr. LEE, Mr. LEVIN, Mr. LIE- to the bill S. 3254, supra; which was ordered nurse-managed health clinics provided care BERMAN, Mr. LUGAR, Mr. MANCHIN, Mr. to lie on the table. across the United States and recorded more MCCAIN, Mrs. MCCASKILL, Mr. MENEN- SA 3190. Mr. SANDERS (for himself and than 2,000,000 client encounters annually; DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. Mr. INHOFE) submitted an amendment in- Whereas nurse-managed health clinics MORAN, Ms. MURKOWSKI, Mrs. MURRAY, tended to be proposed by him to the bill S. serve a unique dual role as both health care 3254, supra; which was ordered to lie on the Mr. NELSON of Nebraska, Mr. NELSON of safety net access points and health work- table. force development sites, given that the ma- Florida, Mr. PAUL, Mr. PORTMAN, Mr. SA 3191. Mr. NELSON of Nebraska (for jority of nurse-managed health clinics are PRYOR, Mr. REED of Rhode Island, Mr. himself and Mr. KIRK) submitted an amend- affiliated with schools of nursing and serve RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, ment intended to be proposed by him to the

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COBURN) submitted an amendment intended HUTCHISON, Ms. MIKULSKI, Mrs. FEINSTEIN, SA 3212. Mr. MORAN submitted an amend- to be proposed by her to the bill S. 3254, Mrs. GILLIBRAND, Ms. MURKOWSKI, Ms. ment intended to be proposed by him to the supra. SNOWE, Mr. LAUTENBERG, Mr. CARDIN, Mrs. bill S. 3254, supra; which was ordered to lie SA 3231. Mr. DURBIN (for himself, Mrs. BOXER, Mr. FRANKEN, and Mr. COONS) sub- on the table. BOXER, Mr. BOOZMAN, Mr. COONS, Mr. BROWN mitted an amendment intended to be pro- SA 3213. Mr. RISCH submitted an amend- of Ohio, and Mr. CARDIN) submitted an posed by him to the bill S. 3254, supra. ment intended to be proposed by him to the amendment intended to be proposed by him SA 3194. Mr. BEGICH (for himself, Mr. bill S. 3254, supra. to the bill S. 3254, supra; which was ordered TOOMEY, Mr. CASEY, Mr. UDALL of Colorado, SA 3214. Mr. WARNER (for himself and Mr. to lie on the table. Mrs. GILLIBRAND, and Mr. MANCHIN) sub- CORNYN) submitted an amendment intended SA 3232. Mr. MENENDEZ (for himself, Mr. mitted an amendment intended to be pro- to be proposed by him to the bill S. 3254, KIRK, Mr. LIEBERMAN, Mr. SCHUMER, Mrs. posed by him to the bill S. 3254, supra; which supra; which was ordered to lie on the table. GILLIBRAND, and Mr. CASEY) submitted an was ordered to lie on the table. SA 3215. Mr. BROWN of Ohio (for himself, amendment intended to be proposed by him SA 3195. Mr. LEVIN submitted an amend- Mr. FRANKEN, Mr. WHITEHOUSE, Mr. SANDERS, to the bill S. 3254, supra. ment intended to be proposed by him to the Mr. LEAHY, and Ms. KLOBUCHAR) submitted SA 3233. Mr. WARNER (for himself and Mr. bill S. 3254, supra; which was ordered to lie an amendment intended to be proposed by CORNYN) submitted an amendment intended on the table. him to the bill S. 3254, supra; which was or- to be proposed by him to the bill S. 3254, SA 3196. Ms. COLLINS submitted an dered to lie on the table. supra; which was ordered to lie on the table. amendment intended to be proposed by her SA 3216. Mr. BROWN of Ohio (for himself, SA 3234. Ms. KLOBUCHAR (for herself, Ms. to the bill S. 3254, supra; which was ordered Mr. REED, Mrs. MURRAY, Mr. AKAKA, Ms. MI- SNOWE, Mr. TOOMEY, and Ms. MIKULSKI) sub- to lie on the table. KULSKI, Mr. COONS, Mr. ROCKEFELLER, Mr. mitted an amendment intended to be pro- SA 3197. Ms. MURKOWSKI (for herself and FRANKEN, Mr. WHITEHOUSE, Mr. SANDERS, Mr. posed by her to the bill S. 3254, supra; which Mr. BEGICH) submitted an amendment in- LEAHY, Mr. PRYOR, and Ms. KLOBUCHAR) sub- was ordered to lie on the table. tended to be proposed by her to the bill S. mitted an amendment intended to be pro- SA 3235. Mrs. BOXER submitted an amend- 3254, supra; which was ordered to lie on the posed by him to the bill S. 3254, supra; which ment intended to be proposed by her to the table. was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie SA 3198. Mr. BARRASSO (for himself and SA 3217. Ms. MIKULSKI (for herself, Mr. on the table. CARDIN, and Mr. KIRK) submitted an amend- Mr. ENZI) submitted an amendment intended SA 3236. Mr. COBURN submitted an amend- to be proposed by him to the bill S. 3254, ment intended to be proposed by her to the ment intended to be proposed by him to the supra; which was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie bill S. 3254, supra; which was ordered to lie SA 3199. Mr. DURBIN (for himself, Mrs. on the table. on the table. SA 3218. Ms. SNOWE (for herself, Ms. LAN- BOXER, Mr. BOOZMAN, and Mr. INHOFE) sub- SA 3237. Mr. COBURN submitted an DRIEU, Mrs. GILLIBRAND, Ms. MIKULSKI, and mitted an amendment intended to be pro- amendment intended to be proposed by him Mr. KIRK) submitted an amendment intended posed by him to the bill S. 3254, supra. to the bill S. 3254, supra. to be proposed by her to the bill S. 3254, SA 3200. Mr. CASEY (for himself and Mr. SA 3238. Mr. KYL (for himself, Mr. RISCH, supra; which was ordered to lie on the table. WARNER) submitted an amendment intended and Mr. HELLER) submitted an amendment SA 3219. Mr. BURR (for himself and Mrs. to be proposed by him to the bill S. 3254, intended to be proposed by him to the bill S. BOXER) submitted an amendment intended to supra; which was ordered to lie on the table. 3254, supra; which was ordered to lie on the be proposed by him to the bill S. 3254, supra; SA 3201. Mr. COONS (for himself and Mr. table. which was ordered to lie on the table. INHOFE) submitted an amendment intended SA 3239. Mr. KYL (for himself, Mr. LIEBER- SA 3220. Mr. WICKER (for himself, Mr. LIE- to be proposed by him to the bill S. 3254, MAN, Mr. INHOFE, Mr. RISCH, Mr. LUGAR, Mr. BERMAN, and Mr. NELSON of Florida) sub- SESSIONS, Mr. DEMINT, Mr. CORNYN, Mr. supra. mitted an amendment intended to be pro- SA 3202. Mr. GRAHAM (for himself, Ms. RUBIO, Mr. WICKER, Ms. AYOTTE, Ms. COL- posed by him to the bill S. 3254, supra. AYOTTE, and Mr. LIEBERMAN) submitted an SA 3221. Mr. BOOZMAN (for himself, Mr. LINS, Mr. CORKER, and Mr. VITTER) submitted an amendment intended to be proposed by amendment intended to be proposed by him RUBIO, Mr. PRYOR, Mrs. GILLIBRAND, Mr. him to the bill S. 3254, supra; which was or- to the bill S. 3254, supra; which was ordered BEGICH, and Mr. CASEY) submitted an amend- to lie on the table. ment intended to be proposed by him to the dered to lie on the table. SA 3203. Mr. GRAHAM (for himself, Mr. bill S. 3254, supra; which was ordered to lie SA 3240. Mr. CARPER (for himself, Mr. SCHUMER, Mr. BARRASSO, Mr. MENENDEZ, and on the table. BROWN of Massachusetts, Ms. COLLINS, Mr. Mrs. BOXER) submitted an amendment in- SA 3222. Mr. JOHANNS submitted an COBURN, and Mr. PRYOR) submitted an tended to be proposed by him to the bill S. amendment intended to be proposed by him amendment intended to be proposed by him 3254, supra; which was ordered to lie on the to the bill S. 3254, supra. to the bill S. 3254, supra; which was ordered table. SA 3223. Mr. DURBIN (for himself, Mr. to lie on the table. SA 3204. Mr. AKAKA submitted an amend- ENZI, Mr. ALEXANDER, Mr. WHITEHOUSE, Mr. SA 3241. Mr. CARPER (for himself, Ms. ment intended to be proposed by him to the JOHNSON of South Dakota, Mr. PRYOR, Mr. COLLINS, and Mr. LIEBERMAN) submitted an bill S. 3254, supra; which was ordered to lie BOOZMAN, Mr. BLUNT, Mr. AKAKA, Mr. amendment intended to be proposed by him on the table. CARDIN, Mr. REED, Mr. ROCKEFELLER, Ms. to the bill S. 3254, supra; which was ordered SA 3205. Mr. WEBB (for himself, Mr. LANDRIEU, and Ms. KLOBUCHAR) submitted an to lie on the table. INHOFE, Mr. LIEBERMAN, and Mr. MCCAIN) amendment intended to be proposed by him SA 3242. Mr. CARPER (for himself, Mr. submitted an amendment intended to be pro- to the bill S. 3254, supra; which was ordered BROWN of Massachusetts, and Ms. COLLINS) posed by him to the bill S. 3254, supra; which to lie on the table. submitted an amendment intended to be pro- was ordered to lie on the table. SA 3224. Mr. WYDEN submitted an amend- posed by him to the bill S. 3254, supra; which SA 3206. Mr. MERKLEY submitted an ment intended to be proposed by him to the was ordered to lie on the table. amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie SA 3243. Mr. LEVIN (for himself, Mrs. to the bill S. 3254, supra; which was ordered on the table. FEINSTEIN, Mr. CHAMBLISS, Mr. LUGAR, Mr. to lie on the table. SA 3225. Mr. WYDEN submitted an amend- LIEBERMAN, and Mr. KERRY) submitted an SA 3207. Mr. FRANKEN (for himself and ment intended to be proposed by him to the amendment intended to be proposed by him Mr. BOOZMAN) submitted an amendment in- bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra. tended to be proposed by him to the bill S. on the table. SA 3244. Mr. REID submitted an amend- 3254, supra; which was ordered to lie on the SA 3226. Mr. BENNET submitted an amendment intended to be proposed by him to the table. ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie SA 3208. Mr. BINGAMAN (for himself and bill S. 3254, supra; which was ordered to lie on the table. Ms. MURKOWSKI) submitted an amendment on the table. SA 3245. Ms. AYOTTE (for herself, Mr. intended to be proposed by him to the bill S. SA 3227. Mr. CONRAD submitted an GRAHAM, Mr. CHAMBLISS, Mr. INHOFE, Mr. 3254, supra; which was ordered to lie on the amendment intended to be proposed by him SESSIONS, and Mr. LIEBERMAN) submitted an table. to the bill S. 3254, supra; which was ordered amendment intended to be proposed by her SA 3209. Mr. THUNE submitted an amend- to lie on the table. to the bill S. 3254, supra. ment intended to be proposed by him to the SA 3228. Mr. BAUCUS (for himself, Mr. SA 3246. Ms. COLLINS (for herself, Mr. LIE- bill S. 3254, supra; which was ordered to lie SANDERS, and Mr. FRANKEN) submitted an BERMAN, and Mr. BLUMENTHAL) submitted an on the table. amendment intended to be proposed by him amendment intended to be proposed by her SA 3210. Mr. THUNE submitted an amend- to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the to lie on the table. to lie on the table.

VerDate Mar 15 2010 06:59 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.051 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7222 CONGRESSIONAL RECORD — SENATE November 29, 2012 SA 3247. Mr. MCCAIN (for himself, Mrs. bill S. 3254, supra; which was ordered to lie TEXT OF AMENDMENTS FEINSTEIN, Mr. NELSON of Florida, Mr. on the table. SA 3188. Mr. WARNER submitted an JOHANNS, and Mrs. BOXER) submitted an SA 3269. Mr. MORAN submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie him to the bill S. 3254, to authorize ap- to lie on the table. on the table. propriations for fiscal year 2013 for SA 3248. Mr. SANDERS (for himself and SA 3270. Mr. BROWN of Massachusetts sub- military activities of the Department Mr. INHOFE) submitted an amendment in- mitted an amendment intended to be proof Defense, for military construction, tended to be proposed by him to the bill S. posed by him to the bill S. 3254, supra; which and for defense activities of the De- 3254, supra; which was ordered to lie on the was ordered to lie on the table. partment of Energy, to prescribe mili- table. SA 3271. Mr. KYL (for himself, Mr. RISCH, tary personnel strengths for such fiscal SA 3249. Mr. BEGICH submitted an amend- and Mr. HELLER) submitted an amendment ment intended to be proposed by him to the year, and for other purposes; which was intended to be proposed by him to the bill S. ordered to lie on the table; as follows: bill S. 3254, supra; which was ordered to lie 3254, supra. on the table. At the end of subtitle E of title X, add the SA 3250. Mr. KOHL submitted an amend- SA 3272. Mr. BLUNT submitted an amend- following: ment intended to be proposed by him to the ment intended to be proposed by him to the SEC. 1048. SENSE OF CONGRESS ON THE JOINT bill S. 3254, supra; which was ordered to lie bill S. 3254, supra; which was ordered to lie WARFIGHTING ANALYSIS CENTER. on the table. on the table. It is the sense of Congress that the Joint SA 3251. Ms. LANDRIEU submitted an SA 3273. Mr. DEMINT submitted an amend- Warfighting Analysis Center (JWAC) should amendment intended to be proposed by her ment intended to be proposed by him to the have adequate resources to meet the con- to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie tinuing requirements of the combatant com- to lie on the table. on the table. mands. SA 3252. Mrs. BOXER submitted an amend- SA 3274. Mr. NELSON of Nebraska (for ment intended to be proposed by her to the himself and Mr. ISAKSON) submitted an SA 3189. Mr. WARNER submitted an bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by him amendment intended to be proposed by on the table. to the bill S. 3254, supra; which was ordered him to the bill S. 3254, to authorize ap- SA 3253. Mr. WICKER submitted an amend- to lie on the table. propriations for fiscal year 2013 for ment intended to be proposed by him to the SA 3275. Mr. WEBB (for himself, Mr. military activities of the Department bill S. 3254, supra; which was ordered to lie INHOFE, Mr. LIEBERMAN, and Mr. MCCAIN) of Defense, for military construction, on the table. submitted an amendment intended to be pro- SA 3254. Mr. COBURN submitted an posed by him to the bill S. 3254, supra. and for defense activities of the De- amendment intended to be proposed by him SA 3276. Mr. LIEBERMAN (for himself and partment of Energy, to prescribe mili- to the bill S. 3254, supra; which was ordered Mr. GRASSLEY) submitted an amendment in- tary personnel strengths for such fiscal to lie on the table. tended to be proposed by him to the bill S. year, and for other purposes; which was SA 3255. Mr. REED (for himself, Mr. RUBIO, 3254, supra; which was ordered to lie on the ordered to lie on the table; as follows: Mrs. MCCASKILL, Mr. WHITEHOUSE, and Mr. table. At the end of subtitle C of title I, add the BENNET) submitted an amendment intended SA 3277. Mr. THUNE submitted an amend- following: to be proposed by him to the bill S. 3254, ment intended to be proposed by him to the SEC. 132. AUTHORITY FOR MID-LIFE COMPLEX supra; which was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie REFUELING OVERHAULS OF NIMITZ SA 3256. Mr. LIEBERMAN submitted an on the table. CLASS AIRCRAFT CARRIERS. amendment intended to be proposed by him SA 3278. Mr. BLUNT submitted an amend- (a) IN GENERAL.—The Secretary of the to the bill S. 3254, supra. Navy shall carry out the mid-life complex re- SA 3257. Ms. CANTWELL (for herself, Mr. ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie fueling overhauls of the Nimitz class aircraft BEGICH, Mrs. MURRAY, and Ms. MURKOWSKI) on the table. carriers as a single program. The program submitted an amendment intended to be pro- shall be carried out in accordance with the posed by her to the bill S. 3254, supra; which SA 3279. Mr. NELSON of Nebraska (for himself and Mr. KIRK) submitted an amend- schedule for the complex refueling overhauls was ordered to lie on the table. as submitted to Congress with the Presi- SA 3258. Mr. ALEXANDER (for himself and ment intended to be proposed by him to the bill S. 3254, supra. dent’s budget request. Mr. CORKER) submitted an amendment in- (b) CONTRACT AUTHORITY.—Subject to the SA 3280. Mr. LEVIN submitted an amend- tended to be proposed by him to the bill S. availability of appropriations for ship- ment intended to be proposed by him to the 3254, supra; which was ordered to lie on the building and conversion for a specific vessel bill S. 3254, supra; which was ordered to lie table. in a specific fiscal year, the Secretary of the on the table. SA 3259. Ms. COLLINS (for herself and Mr. Navy may enter into contracts for the mid- CARPER) submitted an amendment intended SA 3281. Mr. MCCAIN submitted an amend- life complex refueling overhauls of the Nim- to be proposed by her to the bill S. 3254, ment intended to be proposed by him to the itz class aircraft carriers designated CVN–72, supra; which was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie CVN–73, CVN–74, CVN–75, CVN–76, and CVN– SA 3260. Mr. CORNYN submitted an on the table. 77. Any such contract may use incremental amendment intended to be proposed by him SA 3282. Ms. COLLINS (for herself and Mr. funding authority of not more than three fis- to the bill S. 3254, supra. LIEBERMAN) submitted an amendment in- cal years per vessel, subject to subsection SA 3261. Mr. MCCAIN submitted an amend- tended to be proposed by her to the bill S. (c). ment intended to be proposed by him to the 3254, supra; which was ordered to lie on the (c) CONDITION FOR OUT-YEAR CONTRACT bill S. 3254, supra. table. PAYMENT.—A contract entered into under SA 3262. Mr. MCCAIN submitted an amend- SA 3283. Mr. RUBIO (for himself and Mr. subsection (b) shall provide that any obliga- ment intended to be proposed by him to the WYDEN) submitted an amendment intended tion of the United States to make a payment bill S. 3254, supra; which was ordered to lie to be proposed by him to the bill S. 3254, in a fiscal year after the fiscal year in which on the table. supra; which was ordered to lie on the table. the contract is awarded shall be subject to SA 3263. Mr. TESTER submitted an amend- SA 3284. Mr. LEVIN submitted an amend- the availability of appropriations for that ment intended to be proposed by him to the ment intended to be proposed by him to the purpose for such later fiscal year. bill S. 3254, supra; which was ordered to lie bill S. 3254, supra; which was ordered to lie on the table. on the table. SA 3190. Mr. SANDERS (for himself SA 3264. Mr. LEVIN submitted an amend- SA 3285. Mr. MORAN submitted an amend- and Mr. INHOFE) submitted an amendment intended to be proposed by him to the ment intended to be proposed by him bill S. 3254, supra; which was ordered to lie ment intended to be proposed by him to the on the table. bill S. 3254, supra; which was ordered to lie to the bill S. 3254, to authorize appro- SA 3265. Mrs. BOXER submitted an amend- on the table. priations for fiscal year 2013 for mili- ment intended to be proposed by her to the SA 3286. Mr. LEVIN (for Ms. KLOBUCHAR) tary activities of the Department of bill S. 3254, supra; which was ordered to lie proposed an amendment to the bill S. 3542, to Defense, for military construction, and on the table. authorize the Assistant Secretary of Home- for defense activities of the Depart- SA 3266. Mr. COBURN submitted an amend- land Security (Transportation Security Ad- ministration) to modify screening requirement of Energy, to prescribe military ment intended to be proposed by him to the personnel strengths for such fiscal bill S. 3254, supra; which was ordered to lie ments for checked baggage arriving from on the table. preclearance airports, and for other pur- year, and for other purposes; which was SA 3267. Mr. NELSON of Florida submitted poses. ordered to lie on the table; as follows: an amendment intended to be proposed by SA 3287. Mr. LEVIN (for Mrs. SHAHEEN) At the end of subtitle B of title XXXI, add him to the bill S. 3254, supra; which was or- submitted an amendment intended to be pro- the following: dered to lie on the table. posed by Mr. Levin to the resolution S. Res. SEC. 3122. RENEWABLE ENERGY. SA 3268. Mr. HATCH submitted an amend- 600, supporting the goals and ideals of Amer- Section 203 of the Energy Policy Act of ment intended to be proposed by him to the ican Diabetes Month. 2005 (42 U.S.C. 15852) is amended—

VerDate Mar 15 2010 07:02 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.053 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7223 (1) in subsection (a), by striking ‘‘electric (9) The Government Accountability Office theater of operations in which such activi- energy’’ and inserting ‘‘electric and thermal has given the contractor administration and ties are conducted. energy’’; and project management capabilities of the Na- ‘‘(B) To support the objectives of the (2) in subsection (b)(2)— tional Nuclear Security Administration a United States chief of mission of the partner (A) by striking ‘‘electric energy’’ and in- ‘‘high risk’’ designation and found there to nation with which such activities are con- serting ‘‘electric and thermal energy’’; be insufficient qualified Federal acquisition ducted. (B) by adding ‘‘or avoided by’’ after ‘‘gen- professionals to ‘‘plan, direct, and oversee ‘‘(C) To build international partnerships erated from’’; and project execution’’. and defense and security capacity. (C) by striking ‘‘geothermal,’’ and insert- (b) SENSE OF CONGRESS.—It is the sense of ‘‘(D) To strengthen cooperation between ing ‘‘geothermal (including ground source, Congress that— the departments and agencies of the United reclaimed water, or ground water),’’. (1) there is a need for strong, independent States Government and agencies of foreign oversight of the United States nuclear secu- governments to support building of defense SA 3191. Mr. NELSON of Nebraska rity enterprise; and security capacity. (for himself and Mr. KIRK) submitted (2) any attempt to reform oversight of the ‘‘(E) To facilitate intergovernmental col- an amendment intended to be proposed nuclear security enterprise that transfers laboration between the United States Gov- by him to the bill S. 3254, to authorize oversight from the Department of Energy to ernment and foreign governments in the the National Nuclear Security Administra- areas of defense and security. appropriations for fiscal year 2013 for tion, reduces protections for worker health ‘‘(F) To facilitate and enhance the ex- military activities of the Department and safety at facilities of the National Nu- change of information between the United of Defense, for military construction, clear Security Administration to levels States Government and foreign governments and for defense activities of the De- below the standards of the Department of on matters relating to defense and security. partment of Energy, to prescribe mili- Energy, or transfers construction appropria- ‘‘(2) Costs under paragraph (1) may include tary personnel strengths for such fiscal tions for the nuclear security enterprise costs as follows: year, and for other purposes; which was from the Department of Energy appropria- ‘‘(A) Costs of pay and allowances of mem- ordered to lie on the table; as follows: tion account to the military construction bers of the National Guard. appropriation account, should be carefully ‘‘(B) Travel and necessary expenses of At the end of title XXXI, add the fol- evaluated; United States personnel outside of the De- lowing: (3) the Office of Health, Safety, and Secu- partment of Defense in the State Partner- Subtitle D—Other Matters rity of the Department of Energy, which re- ship Program. ports to the Secretary of Energy but is also SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT ‘‘(C) Travel and necessary expenses of for- OF THE NUCLEAR SECURITY ENTER- accountable for routinely reporting to Con- eign participants directly supporting activi- PRISE. gress on the performance with respect to ties under the State Partnership Program. (a) FINDINGS.—Congress makes the fol- safety and security of the Department, in- ‘‘(b) LIMITATIONS.—(1) Funds shall not be lowing findings: cluding the National Nuclear Security Ad- available under subsection (a) for activities (1) In 2000, the National Nuclear Security ministration, and the role of that Office in described in that subsection that are con- Administration was established as an inde- overseeing safety and security at the Na- ducted in a foreign country unless jointly ap- pendent entity within the Department of En- tional Nuclear Security Administration, proved by the commander of the combatant ergy to manage and secure the nuclear weap- should not be diminished; command concerned and the chief of mission ons stockpile of the United States and to (4) any future modifications to the man- concerned. manage nuclear nonproliferation and naval agement or structure of the nuclear security ‘‘(2) Funds shall not be available under reactor programs. enterprise should be done in a way that subsection (a) for the participation of a (2) Serious security and health incidents maintains or increases oversight of critical member of the National Guard in activities continue to occur at sites of the National construction, security, and acquisition capa- described in that subsection in a foreign Nuclear Security Administration. bilities; country unless the member is on active duty (3) In September 2012, an official of the (5) to the extent possible, oversight of pro- in the armed forces at the time of such par- Government Accountability Office testified grams of the National Nuclear Security Ad- ticipation. to Congress that lax laboratory attitudes to- ministration by the Department of Defense ‘‘(3) Funds shall not be available under ward safety procedures, laboratory inadequa- should increase to ensure current and future subsection (a) for interagency activities in- cies in identifying and addressing safety warfighting requirements are met; and volving United States civilian personnel or problems with appropriate corrective ac- (6) the Nuclear Weapons Council should foreign civilian personnel unless the partici- tions, and inadequate oversight by site of- provide proper oversight in the execution of pation of such personnel in such activities— fices of the National Nuclear Security Ad- its responsibilities under section 179 of title ‘‘(A) contributes to responsible manage- ministration were responsible for nearly 100 10, United States Code. ment of defense resources; safety incidents since 2000. ‘‘(B) fosters greater respect for and under- (4) On July 28, 2012, three unarmed individ- SA 3192. Mr. COONS (for himself and standing of the principle of civilian control uals compromised security at the Y–12 Na- Mr. INHOFE) submitted an amendment of the military; tional Security Complex in Oak Ridge, Ten- intended to be proposed by him to the ‘‘(C) contributes to cooperation between nessee, and according to the Government Ac- bill S. 3254, to authorize appropriations United States military and civilian govern- countability Office, ‘‘gained access to the for fiscal year 2013 for military activi- mental agencies and foreign military and ci- protected security area directly adjacent to ties of the Department of Defense, for vilian government agencies; or ‘‘(D) improves international partnerships one of the nation’s most critically important military construction, and for defense nuclear weapons-related facilities’’. and capacity on matters relating to defense (5) In June 2006, hackers attacked an un- activities of the Department of Energy, and security. classified computer system at the National to prescribe military personnel ‘‘(c) REIMBURSEMENT.—In the event of the Nuclear Security Administration’s Service strengths for such fiscal year, and for participation of United States Government Center in Albuquerque, New Mexico, and other purposes; which was ordered to participants (other than personnel of the De- gained access to a file containing the names lie on the table; as follows: partment of Defense) in activities for which and social security numbers of more than At the end of subtitle E of title III, add the payment is made under subsection (a), the 1,500 employees of the National Nuclear Se- following: head of the department or agency concerned curity Administration. shall reimburse the Secretary of Defense for (6) As early as February 2005, the Inspector SEC. 344. CODIFICATION OF NATIONAL GUARD the costs associated with the participation of STATE PARTNERSHIP PROGRAM. General of the Department of Energy identi- such personnel in such contacts and activi- (a) STATE PARTNERSHIP PROGRAM.— fied problems with the retrieval of badges ties. Amounts reimbursed the Department of (1) IN GENERAL.—Chapter 1 of title 32, from terminated employees at Los Alamos Defense under this subsection shall be depos- United States Code, is amended by adding at National Laboratory and other sites of the ited in the appropriation or account from the end the following new section: National Nuclear Security Administration. which amounts for the payment concerned (7) In 2004, a pattern of safety and security ‘‘§ 116. State Partnership Program were derived. Any amounts so deposited incidents that occurred over the course of a ‘‘(a) AVAILABILITY OF APPROPRIATED shall be merged with amounts in such appro- year prompted the stand-down of Los Alamos FUNDS.—(1) Funds appropriated to the De- priation or account, and shall be available National Laboratory. partment of Defense, including for the Air for the same purposes, and subject to the (8) The National Nuclear Security Admin- and Army National Guard, shall be available same conditions and limitations, as amounts istration, independent of the safety and secu- for the payment of costs to conduct activi- in such appropriation or account. rity reform efforts of the Department of En- ties under the State Partnership Program, ‘‘(d) DEFINITIONS.—In this section: ergy, has launched an overhaul of its con- whether inside the United States or outside ‘‘(1) The term ‘State Partnership Program’ tracting oversight, placing an emphasis on the United States, for purposes as follows: means a program that establishes a defense contractor self-policing through an untested ‘‘(A) To support the objectives of the com- and security relationship between the Na- ‘‘contractor assurance’’ approach. mander of the combatant command for the tional Guard of a State or territory and the

VerDate Mar 15 2010 07:02 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.057 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7224 CONGRESSIONAL RECORD — SENATE November 29, 2012 military and security forces, and related dis- SEC. 1246. PLAN FOR PROMOTING THE SECURITY part of the broader Afghan rule of law sys- aster management, emergency response, and OF AFGHAN WOMEN AND GIRLS tem.’’ security ministries, of a foreign country. DURING THE SECURITY TRANSITION (8) Women face significant barriers to full ‘‘(2) The term ‘activities’, for purposes of PROCESS. participation in the ANA and ANP, including the State Partnership Program, means any (a) FINDINGS.—Congress makes the fol- a discriminatory or hostile work environ- military-to-military activities or inter- lowing findings: ment and the lack of separate facilities de- agency activities for a purpose set forth in (1) According to the Department of De- signed for female personnel. subsection (a)(1). fense’s April 2012 Report on Progress Toward (9) As of September 2012, female recruit- ‘‘(3) The term ‘interagency activities’ Security and Stability in Afghanistan: ment and retention rates for the Afghan Na- means the following: (A) ‘‘U.S. and coalition forces will continue tional Security Forces are far below pub- ‘‘(A) Contacts between members of the Na- to degrade the Taliban-led insurgency in lished targets, as follows: tional Guard and foreign civilian personnel order to provide time and space to increase (A) Approximately 1,700 women serve in outside the ministry of defense of the foreign the capacity of the Afghan National Security the Afghan National Security Forces, or less country concerned on matters within the Forces and the Afghan Government so they than half of one percent of the total force. core competencies of the National Guard. can assume full responsibility for Afghani- (B) In 2010, President Hamid Karzai an- ‘‘(B) Contacts between United States civil- stan’s security by the end of 2014.’’ nounced plans to recruit and train 5,000 ian personnel and members of the Armed women in the Afghan National Police, or ap- (B) ‘‘Transition to Afghan security lead Forces of a foreign country on matters with- proximately 3 percent of the force, by 2014. began in July 2011 and transition to full Af- in such core competencies. Currently, there are approximately 1,370 ghan security responsibility will be complete ‘‘(4) The term ‘matter within the core com- women in the ANP, or 0.87 percent of the po- country-wide by the end of 2014.’’ petencies of the National Guard’ means mat- lice force. (C) ‘‘The security of the Afghan people and ters with respect to the following: (C) Approximately 350 women currently the stability of the government are used to ‘‘(A) Disaster response and mitigation. serve in the Afghan National Army, rep- judge provincial readiness to move to each ‘‘(B) Defense support to civil authorities. resenting only 0.17 percent of the force. The successive stage of transition implementa- ‘‘(C) Consequence management and instal- Government of Afghanistan has said that its tion.’’ lation protection. goal is to achieve a force that is 10 percent ‘‘(D) Response to a chemical, biological, (D) For each area designated for transi- female. As of May 2012, approximately 3 per- radiological, nuclear, or explosives (CBRNE) tion, a transition implementation plan is decent of new ANA recruits were women. event. veloped by the Government of Afghanistan, (10) Male security personnel often do not ‘‘(E) Border and port security and coopera- NATO, and ISAF and approved by the Joint respond to threats or incidences of violence tion with civilian law enforcement. Afghan-NATO Inteqal Board (JANIB). JANIB against women, particularly at the local ‘‘(F) Search and rescue. is also responsible for recommending areas level. They largely lack the training and un- ‘‘(G) Medicine. to enter and exit the transition process. derstanding needed to respond appropriately ‘‘(H) Counterdrug and counternarcotics ac- (2) According to a 2002 study on Women, and effectively to situations involving tivities. Peace and Security submitted by the Sec- women. According to the Department of De- ‘‘(I) Public affairs. retary-General of the United Nations pursu- fense’s April 2012 Report on Progress Toward ‘‘(J) Employer support and family support ant to Security Council resolution 1325 Security and Stability in Afghanistan: for reserve forces. (2000), ‘‘the suspension of or restriction on (A) The Afghan Ministry of Defense ‘‘lacks ‘‘(5) The term ‘United States civilian per- women’s enjoyment of their human rights’’ the combination of policies, procedures, and sonnel’ means the following: can act as an early-warning indicator of im- execution to promote opportunity and fair ‘‘(A) Personnel of the United States Gov- pending or renewed conflict. In Afghanistan, and respectful treatment of women in the ernment (including personnel of departments restrictions on women’s mobility and rights force’’. and agencies of the United States Govern- can signal the presence of extremist or insur- (B) The Afghan Ministry of Interior ‘‘faces ment other than the Department of Defense) gent elements in a community. significant challenges in fully integrating and personnel of State and local govern- (3) The security of Afghan women and girls and protecting women in the ANP workforce, ments of the United States. in areas undergoing security transitions will especially among operational units at the ‘‘(B) Members and employees of the legisla- be an important gauge of the transition provincial and district levels’’. tive branch of the United States Govern- strategy’s success. Indicators by which to (C) In the Afghan National Police, ‘‘Many ment. measure women’s security include the mobil- Provincial Headquarters Commanders do not ‘‘(C) Nongovernmental individuals. ity of women and girls, the participation of accept policewomen, as they prefer male ‘‘(6) The term ‘foreign civilian personnel’ women in local government bodies, the rate candidates and lack adequate facilities to means the following: of school attendance for girls, women’s ac- support females.’’ ‘‘(A) Civilian personnel of a foreign govern- cess to government services, and the preva- (D) ‘‘While women are greatly needed to ment at any level (including personnel of lence of violence against women. support police operations, a combination of ministries other than ministries of defense). (4) Maintaining and improving physical se- cultural impediments, weak recruitment, ‘‘(B) Nongovernmental individuals of a for- curity for Afghan women and girls through- and uneven application of policies hinder sig- eign country.’’. out the country is critical in order for nificant progress.’’ (2) CLERICAL AMENDMENT.—The table of women and girls to take advantage of oppor- (E) ‘‘Although stronger documentation, sections at the beginning of chapter 1 of such tunities in education, commerce, politics, implementation, and enforcement of poli- title is amended by adding at the end the fol- and other areas of public life, which in turn cies, procedures, and guidance to better inte- lowing new item: is essential for the future stability and pros- grate women will help, time will be needed perity of Afghanistan. to change the cultural mores that form the ‘‘116. State Partnership Program.’’. (5) Women who serve as public officials at basis of many of the current impediments.’’ (b) REPEAL OF SUPERSEDED AUTHORITY.— all levels of the Government of Afghanistan (11) The United States, the North Amer- Section 1210 of the National Defense Author- face serious threats to their personal secu- ican Treaty Organization, and United States ization Act for Fiscal Year 2010 (Public Law rity and that of their families. Many female coalition partners have made firm commit- 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) is re- officials have been the victims of violent ments to support the human rights of the pealed. crimes, but they are generally not afforded women and girls of Afghanistan, as evi- SA 3193. Mr. CASEY (for himself, official protection by the Government of Af- denced by the following actions: ghanistan or security forces. (A) According to the United States Na- Mrs. HUTCHISON, Ms. MIKULSKI, Mrs. (6) Protecting the security and human tional Action Plan on Women, Peace and Se- FEINSTEIN, Mrs. GILLIBRAND, Ms. MUR- rights of Afghan women and girls requires curity, ‘‘integrating women and gender con- KOWSKI, Ms. SNOWE, Mr. LAUTENBERG, the involvement of Afghan men and boys siderations into peace-building processes Mr. CARDIN, Mrs. BOXER, Mr. FRANKEN, through education about the important ben- helps promote democratic governance and and Mr. COONS) submitted an amend- efits of women’s full participation in social, long-term stability,’’ which are key United ment intended to be proposed by him economic, and political life. Male officials States strategic goals in Afghanistan. to the bill S. 3254, to authorize appro- and security personnel can play a particu- (B) The National Action Plan also states priations for fiscal year 2013 for mili- larly important role in supporting and pro- that ‘‘the engagement and protection of tary activities of the Department of tecting women and girls. women as agents of peace and stability will Defense, for military construction, and (7) The Chicago Summit Declaration issued be central to United States efforts to pro- for defense activities of the Depart- by NATO in May 2012 states: ‘‘As the Afghan mote security, prevent, respond to, and re- National Police further develop and profes- solve conflict, and rebuild societies.’’ This ment of Energy, to prescribe military sionalize, they will evolve towards a sustain- policy applies to United States Government personnel strengths for such fiscal able, credible, and accountable civilian law efforts in Afghanistan, where addressing the year, and for other purposes; as fol- enforcement force that will shoulder the security vulnerabilities of Afghan women lows: main responsibility for domestic security. and girls during the period of security tran- At the end of subtitle D of title XII, add This force should be capable of providing position is an essential step toward long-term the following: licing services to the Afghan population as stability.

VerDate Mar 15 2010 07:02 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.057 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7225 (C) The Chicago Summit Declaration sessing the impact of this training on trainee title 10, United States Code, is amended by issued by NATO in May 2012 states: ‘‘We em- behavior. adding at the end the following new sen- phasize the importance of full participation (ii) Working with national and local ANA tence: ‘‘In calculating the number of mem- of all Afghan women in the reconstruction, and ANP leaders to develop and utilize en- bers to be reduced, the Secretary shall take political, peace and reconciliation processes forcement and accountability mechanisms into consideration both direct reductions in Afghanistan and the need to respect the for ANA and ANP personnel who violate and indirect reductions.’’. institutional arrangements protecting their codes of conduct related to the human rights (b) NOTICE REQUIREMENTS.—Subsection (b) rights. We remain committed to the imple- of women and girls. of such section is amended by striking para- mentation of United Nations Security Coun- (iii) Working with Afghan and coalition graphs (1) through (3) and inserting the fol- cil Resolution (UNSCR) 1325 on women, partners to implement the above tools and lowing new paragraphs: peace and security. We recognize also the develop uniform methods and standards for ‘‘(1) the Secretary of Defense or the Sec- need for the protection of children from the training and enforcement among coalition retary of the military department con- damaging effects of armed conflict as re- partners and across regions. cerned— quired in relevant UNSCRs.’’ (C) A plan to increase the number of fe- ‘‘(A) submits to Congress a notice of the (12) The Strategic Partnership Agreement male members of the ANA and ANP, includ- proposed reduction and the number of mili- signed between the United States and Af- ing the following actions: tary and civilian personnel assignments afghanistan by President Obama and President (i) Providing, through consultation with fected, including reductions in base oper- Karzai in June 2012 states, ‘‘Consistent with Afghan partners, realistic and achievable ob- ations support services and personnel to its Constitution and international obliga- jectives for the recruitment and retention of occur because of the proposed reduction; and tions, Afghanistan shall ensure and advance women to the ANA and ANP by the end of ‘‘(B) includes in the notice a justification the essential role of women in society, so the security transition period in 2014. for the reduction and an evaluation of the that they may fully enjoy their economic, (ii) Working with national and local ANA costs and benefits of the reduction and of the social, political, civil and cultural rights.’’ and ANP leaders and coalition partners to local economic, environmental, strategic, and operational consequences of the reduc- (b) PLAN TO PROMOTE SECURITY OF AFGHAN address physical and cultural challenges to tion; and WOMEN.— the recruitment and retention of female ‘‘(2) a period of 90 days expires following (1) IN GENERAL.—Not later than 120 days ANA and ANP personnel, including through the day on which the notice is submitted to after the date of the enactment of this Act, targeted recruitment campaigns, expanded Congress.’’. the Secretary of Defense, in concurrence training and mentorship opportunities, par- (c) DEFINITIONS.—Such section is further with the Secretary of State, shall submit to ity in pay and promotion rates with male counterparts, and availability of facilities amended by adding at the end the following the appropriate congressional committees a new subsection: plan to promote the security of Afghan for female personnel. (iii) Working with national and local ANA ‘‘(d) DEFINITIONS.—In this section: women during the security transition proc- ‘‘(1) The term ‘direct reduction’ means a ess. and ANP leaders to increase understanding about the unique ways in which women reduction involving one or more members of (2) ELEMENTS.—The plan required under a unit. paragraph (1) shall include the following ele- members of the security forces improve the force’s overall effectiveness. ‘‘(2) The term ‘indirect reduction’ means ments: subsequent planned reductions or relocations (A) A plan to monitor and respond to (iv) Working with national and local ANA and ANP leaders to develop a plan for main- in base operations support services and per- changes in women’s security conditions in sonnel able to occur due to the direct reduc- areas undergoing transition, including the taining and increasing the recruitment and retention of women in the ANA and ANP fol- tions. following actions: ‘‘(3) The term ‘military installation’ means (i) Seeking to designate a Civilian Impact lowing the completion of the security transition. a base, camp, post, station, yard, center, Advisor on the Joint Afghan-NATO Inteqal homeport facility for any ship, or other ac- (3) REPORT.—The Secretary of Defense Board (JANIB) to assess the impact of tran- tivity under the jurisdiction of the Depart- sition on male and female civilians and en- shall include in each report on progress toward security and stability in Afghanistan ment of Defense, including any leased facil- sure that efforts to protect women’s rights ity, which is located within any of the sev- and security are included in each area’s tran- that is submitted to Congress under sections 1230 and 1231 of the National Defense Author- eral States, the District of Columbia, the sition implementation plan. Commonwealth of Puerto Rico, American (ii) Reviewing existing indicators against ization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385, 390) a section describing Samoa, the Virgin Islands, the Common- which sex-disaggregated data is collected wealth of the Northern Mariana Islands, or and, if necessary, developing additional indi- actions taken to implement the plan required under this subsection. Guam. Such term does not include any facil- cators, to ensure the availability of data ity used primarily for civil works, rivers and (c) APPROPRIATE CONGRESSIONAL COMMIT- that can be used to measure women’s secu- harbors projects, or flood control projects. TEES DEFINED.—In this section, the term rity, such as— ‘‘(4) The term ‘unit’ means a unit of the (I) the mobility of women and girls; ‘‘appropriate congressional committees’’ means— armed forces at the battalion, squadron, or (II) the participation of women in local an equivalent level (or a higher level).’’. government bodies; (1) the Committee on Armed Services and (III) the rate of school attendance for girls; the Committee on Foreign Relations of the SA 3195. Mr. LEVIN submitted an Senate; and (IV) women’s access to government serv- amendment intended to be proposed by ices; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the him to the bill S. 3254, to authorize ap- (V) the prevalence of violence against propriations for fiscal year 2013 for women; and incorporating those indicators House of Representatives. into ongoing efforts to assess overall secu- military activities of the Department rity conditions during the transition period. SA 3194. Mr. BEGICH (for himself, of Defense, for military construction, (iii) Integrating assessments of women’s Mr. TOOMEY, Mr. CASEY, Mr. UDALL of and for defense activities of the De- security into current procedures used to de- Colorado, Mrs. GILLIBRAND, and Mr. partment of Energy, to prescribe mili- termine an area’s readiness to proceed MANCHIN) submitted an amendment in- tary personnel strengths for such fiscal through the transition process. tended to be proposed by him to the year, and for other purposes; which was (iv) Working with Afghan partners, coali- bill S. 3254, to authorize appropriations ordered to lie on the table; as follows: tion partners, and relevant United States for fiscal year 2013 for military activi- At the end of subtitle C title IX, add the Government departments and agencies to ties of the Department of Defense, for following: take concrete action to support women’s SEC. 935. REPORTS TO DEPARTMENT OF DE- rights and security in cases of deterioration military construction, and for defense activities of the Department of Energy, FENSE ON PENETRATIONS OF NET- in women’s security conditions during the WORKS AND INFORMATION SYSTEMS transition period. to prescribe military personnel OF CERTAIN CONTRACTORS. (B) A plan to increase gender awareness strengths for such fiscal year, and for (a) PROCESS FOR REPORTING PENETRA- and responsiveness among Afghan National other purposes; which was ordered to TIONS.—The Under Secretary of Defense for Army and Afghan National Police personnel, lie on the table; as follows: Intelligence shall, in coordination with the including the following actions: On page 543, between lines 2 and 3, insert officials specified in subsection (c), establish (i) Working with Afghan and coalition the following: a process by which cleared defense contrac- partners to utilize training curricula and tors shall report to elements of the Depart- programming that addresses the human SEC. 2705. MODIFICATION OF NOTICE REQUIRE- MENTS IN ADVANCE OF PERMANENT ment of Defense designated by the Under rights of women and girls, appropriate re- REDUCTION OF SIZABLE NUMBERS Secretary for purposes of the process when a sponses to threats against women and girls, OF MEMBERS OF THE ARMED network or information system of such con- and appropriate behavior toward female col- FORCES AT MILITARY INSTALLA- tractors designated pursuant to subsection leagues and members of the community; as- TIONS. (b) is successfully penetrated. sessing the quality and consistency of this (a) CALCULATION OF NUMBER OF AFFECTED (b) DESIGNATION OF NETWORKS AND INFOR- training across regional commands; and as- MEMBERS.—Subsection (a) of section 993 of MATION SYSTEMS.—The Under Secretary of

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.058 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7226 CONGRESSIONAL RECORD — SENATE November 29, 2012 Defense for Intelligence shall, in coordina- (A) enhancing individual performance the Secretary submits to the congressional tion with the officials specified in subsection through resiliency techniques and use of defense committees a report analyzing the (c), establish criteria for designating the positive and sports psychology; and costs and benefits of the proposed action, in- cleared defense contractors’ networks or in- (B) identifying and responding to early cluding the impact of such change on De- formation systems that contain or process signs of high-risk behavior in members of the partment of Defense civilian employees. information created by or for the Depart- Army assigned to units involved in the re- ment of Defense to be subject to the report- search study. SA 3198. Mr. BARRASSO (for himself ing process established pursuant to sub- (4) SCIENCE-BASED EVIDENCE AND TECH- section (a). and Mr. ENZI) submitted an amend- NIQUES.—The research study shall be rooted ment intended to be proposed by him (c) OFFICIALS.—The officials specified in in scientific evidence, using professionally this subsection are the following: accepted measurements of experiments, of to the bill S. 3254, to authorize appro- (1) The Under Secretary of Defense for Pol- longitudinal research, random-assignment, priations for fiscal year 2013 for mili- icy. and placebo-controlled outcome studies to tary activities of the Department of (2) The Under Secretary of Defense for Ac- evaluate which interventions can prove posi- Defense, for military construction, and quisition, Technology, and Logistics. tive results and which result in no impact. for defense activities of the Depart- (3) The Chief Information Officer of the De- (b) LOCATIONS.—The Secretary carry out ment of Energy, to prescribe military partment of Defense. the research study at locations selected by (4) The Commander of the United States personnel strengths for such fiscal the Secretary from among Army installa- year, and for other purposes; which was Cyber Command. tions which are representative of the Total (d) PROCESS REQUIREMENTS.— Force. Units from all components of the ordered to lie on the table; as follows: (1) RAPID REPORTING.—The process required Army shall be involved in the research At the end of subtitle H of title X, add the by subsection (a) shall provide for rapid re- study. following: porting by contractors of successful penetra- (c) TRAINING.—In carrying out the research tions of designated network or information SEC. 1084. RENEWAL OF EXPIRED PROHIBITION study at an installation selected pursuant to ON RETURN OF VETERANS MEMO- systems. subsection (b), the Secretary shall ensure, at RIAL OBJECTS WITHOUT SPECIFIC (2) REPORT ELEMENTS.—The report by a a minimum, that whenever a unit returns AUTHORIZATION IN LAW. contractor on a successful penetration of a from combat deployment to the installation (a) CODIFICATION OF PROHIBITION.—Section designated network or information system the training established for purposes of the 2572 of title 10, United States Code, is amend- under the process shall include the following: research study is provided to all members of ed by adding at the end the following new (A) A description of the technique or meth- the Army returning for such deployment. subsection: od used in the penetration. The training shall include such training as ‘‘(e)(1) Except as provided in paragraph (3), (B) A sample of the malicious software, if the Secretary considers appropriate to re- and notwithstanding this section or any discovered and isolated by the contractor. duce trends in high risk or self-destructive other provision of law, the President may (3) ACCESS.—The process shall include behavior not transfer a veterans memorial object to a mechanisms by which Department of Defense (d) PERIOD.—The Secretary shall carry out foreign country or an entity controlled by a personnel may, upon request, obtain access the research study through September 30, foreign government, or otherwise transfer or to equipment or information of a contractor 2014. convey such an object to any person or enti- necessary to conduct a forensic analysis to (e) REPORTS.—Not later than 30 days after ty for purposes of the ultimate transfer or determine whether information created by or the end of each of fiscal years 2013 and 2014, conveyance of the object to a foreign coun- for the Department in connection with any the Secretary shall submit to the Commit- try or entity controlled by a foreign govern- Department program was successfully tees on Armed Forces of the Senate and the ment. exfiltrated from a network or information House of Representatives a report on the re- ‘‘(2) In this subsection: system of the contractor and, if so, what in- search study during the preceding fiscal formation was exfiltrated. ‘‘(A) The term ‘entity controlled by a for- year. Each report shall include the following: eign government’ has the meaning given (e) CLEARED DEFENSE CONTRACTOR DE- (1) A description of the trends in high risk FINED.—In this section, the term ‘‘cleared de- that term in section 2536(c)(1) of this title. or self-destructive behavior within each of ‘‘(B) The term ‘veterans memorial object’ fense contractor’’ means a private entity the units involved in the research study dur- granted clearance by the Defense Security means any object, including a physical struc- ing the fiscal year covered by such report. ture or portion thereof, that— Service to receive and store classified infor- (2) A description of the effectiveness of mation for the purpose of bidding for a con- ‘‘(i) is located at a cemetery of the Na- Comprehensive Soldier and Family Fitness tract or conducting activities under a con- tional Cemetery System, war memorial, or Program training in enhancing individual tract with the Department of Defense. military installation in the United States; performance through resiliency techniques, ‘‘(ii) is dedicated to, or otherwise memori- SA 3196. Ms. COLLINS submitted an utilization of positive psychology. alizes, the death in combat or combat-re- amendment intended to be proposed by (3) In the case of the report on fiscal year lated duties of members of the armed forces; 2014, such recommendations for the expan- her to the bill S. 3254, to authorize ap- and sion or modification of the research study as ‘‘(iii) was brought to the United States propriations for fiscal year 2013 for the Secretary considers appropriate. military activities of the Department from abroad as a memorial of combat (f) FUNDING.—Of the amounts authorized to abroad. of Defense, for military construction, be appropriated for fiscal year 2013 for the ‘‘(3) The prohibition imposed by paragraph and for defense activities of the De- Working Capital Fund, Army, not more than (1) does not apply to a transfer of a veterans $3,000,000, shall be available in such fiscal partment of Energy, to prescribe mili- memorial object if— year to carry out the research study. tary personnel strengths for such fiscal ‘‘(A) the transfer of that veterans memo- year, and for other purposes; which was SA 3197. Ms. MURKOWSKI (for her- rial object is specifically authorized by law; ordered to lie on the table; as follows: or self and Mr. BEGICH) submitted an At the end of subtitle C of title V, add the ‘‘(B) the transfer is made after September following: amendment intended to be proposed by 30, 2017.’’. SEC. 526. RESEARCH STUDY ON RESILIENCE IN her to the bill S. 3254, to authorize ap- (b) REPEAL OF OBSOLETE SOURCE LAW.— MEMBERS OF THE ARMY. propriations for fiscal year 2013 for Section 1051 of the National Defense Author- (a) RESEARCH STUDY REQUIRED.— military activities of the Department ization Act for Fiscal Year 2000 (Public Law (1) IN GENERAL.—The Secretary of the of Defense, for military construction, 106–65; 10 U.S.C. 2572 note) is repealed. Army shall carry out a research program on and for defense activities of the De- resilience in members of the Army. partment of Energy, to prescribe mili- SA 3199. Mr. DURBIN (for himself, (2) PURPOSE.—The purpose of the research Mrs. BOXER, Mr. BOOZMAN, and Mr. study shall be to determine the effectiveness tary personnel strengths for such fiscal of the current Comprehensive Soldier and year, and for other purposes; which was INHOFE) submitted an amendment in- Family Fitness (CSF2) Program of the Army ordered to lie on the table; as follows: tended to be proposed by him to the while verifying the current means of the At the end of subtitle B of title III, add the bill S. 3254, to authorize appropriations Army to reduce trends in high risk or self- following: for fiscal year 2013 for military activi- destructive behavior and to prepare members SEC. 314. LIMITATION ON FUNDING FOR CONNEC- ties of the Department of Defense, for of the Army to manage stressful or trau- TION OF CLEAR AIR FORCE STATION military construction, and for defense matic situations by training members in re- TO COMMERCIAL UTILITY GRID. activities of the Department of Energy, silience strategies and techniques. The Secretary of Defense may not obligate to prescribe military personnel (3) ELEMENTS.—In carrying out the re- or expend any funds to connect Clear Air search study, the Secretary shall determine Force Station to a commercial utility grid strengths for such fiscal year, and for the effectiveness of training under the Com- or to purchase utility services necessary to other purposes; as follows: prehensive Soldier and Family Fitness pro- the operation of Clear Air Force Station At the end of subtitle D of title XII, add gram in— from commercial sources until 180 days after the following:

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.059 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7227 SEC. 1246. IMPOSITION OF SANCTIONS WITH RE- At the end of subtitle F of title X, add the funding table in section 4301 for Operation SPECT TO SUPPORT FOR THE REBEL following: and Maintenance, Defense-wide for ‘‘Addi- GROUP KNOWN AS M23. SEC. 1064. REPORT ON FOREIGN AREA OFFICER tional ISR Support to Operation Observant (a) BLOCKING OF ASSETS.—The Secretary of PROGRAM. Compass’’, the Secretary of Defense should the Treasury shall, pursuant to the Inter- (a) STUDY AND REPORT REQUIRED.—Not provide increased intelligence, surveillance, national Emergency Economic Powers Act later than 240 days after the date of the en- and reconnaissance assets to support the on- (50 U.S.C. 1701 et seq.) and Executive Order actment of this Act, the Secretary of De- going efforts of United States Special Oper- 13413 (74 Fed. Reg. 64105; relating to blocking fense shall conduct a study and submit to ations Forces to advise and assist regional property of certain persons contributing to the congressional defense committees a re- partners as they conduct operations against the conflict in the Democratic Republic of port on the Foreign Area Officer program the Lord’s Resistance Army in Central Afri- the Congo), block and prohibit all trans- and implications of the strategic rebalance ca; actions in all property and interests in prop- to the Asia-Pacific region. (3) United States and regional African erty of a person described in subsection (c) if (b) MATTERS COVERED.—The study and re- forces should increase their operational co- such property and interests in property are port required under subsection (a) shall ordination; and in the United States, come within the United cover the following matters: (4) the regional governments should recom- States, or are or come within the possession (1) The number of military personnel in the mit themselves to the operations sanctioned or control of a United States person. Foreign Area Officer program by country by the African Union Peace and Security (b) VISA BAN.—The Secretary of State shall and service in each combatant commander’s Council resolution. deny a visa to, and the Secretary of Home- area of responsibility. land Security shall exclude from the United (2) The number of women and minorities SA 3202. Mr. GRAHAM (for himself, States, any alien who is a person described within the Foreign Area Officer Program. Ms. AYOTTE, and Mr. LIEBERMAN) sub- in subsection (c). (3) Planned actions to address the 30 per- (c) PERSONS DESCRIBED.—A person de- mitted an amendment intended to be scribed in this subsection is a person that cent shortage of Foreign Area Officer per- proposed by him to the bill S. 3254, to the President determines provides, on or sonnel fill rates in the United States Pacific authorize appropriations for fiscal year after the date of the enactment of this Act, Command, the United States Africa Com- 2013 for military activities of the De- significant financial, material, or techno- mand, and the United States Special Oper- partment of Defense, for military con- ations Command. logical support to M23. struction, and for defense activities of (d) WAIVER.—The President may waive the (4) A forecast of future Foreign Area Offi- cer requirements. the Department of Energy, to prescribe application of this section with respect to a military personnel strengths for such person if the President determines and re- (5) A listing of the Department of Defense ports to the appropriate congressional com- programs with objectives similar to the For- fiscal year, and for other purposes; mittees that the waiver is in the national in- eign Area Officer program and a discussion which was ordered to lie on the table; terest of the United States. of how they complement or are distinct from as follows: (e) TERMINATION OF SANCTIONS.—The Presi- the Foreign Area Officer program. At the end of subtitle D of title X, add the dent may terminate sanctions imposed under (6) Planned actions to ensure Foreign Area following: this section with respect to a person on and Officers maintain the skills acquired SEC. 1032. AFFIRMATION OF THE UNITED STATES after the date on which the President deter- through the program when serving in a non- TO DETAIN TERRORISTS. mines and reports to the appropriate con- Foreign Area Officer capacity, including lan- Congress affirms the following: gressional committees that the person has guage skills, cultural understanding, and re- (1) Al-Qaeda, the Taliban, and associated terminated the provision of significant fi- gional knowledge. forces continue to be a clear and present nancial, material, and technological support (7) Planned actions in creating a Foreign military threat to the United States. to M23. Area Officer Reserve Corps across all serv- (2) The power to detain under the law of (f) TERMINATION OF SECTION.—This section ices that is fully trained and capable of car- war shall apply to an individual who— shall terminate on the date on which the rying out Foreign Area Officer missions. (A) joins al-Qaeda, the Taliban, or an asso- President determines that M23 is no longer a (8) A description of mechanisms that the ciated force; and significant threat to peace and security in Department of Defense utilizes to maintain a (B) plans or participates in a belligerent the Democratic Republic of the Congo. connection to Foreign Area Officer program act against the United States on behalf of (g) DEFINITIONS.—In this section: alumni and a discussion on the effectiveness such forces anywhere within the United (1) APPROPRIATE CONGRESSIONAL COMMIT- of each mechanism. States and its territories. TEES.—The term ‘‘appropriate congressional (c) RECOMMENDATIONS.—The report subcommittees’’ means— mitted under subsection (a) shall include SA 3203. Mr. GRAHAM (for himself, (A) the Committee on Banking, Housing, recommendations for any legislation nec- Mr. SCHUMER, Mr. BARRASSO, Mr. and Urban Affairs and the Committee on essary to enhance the Foreign Area Officer MENENDEZ, and Mrs. BOXER) submitted Foreign Relations of the Senate; and program in support of the newly articulated an amendment intended to be proposed rebalance to the Asia-Pacific. (B) the Committee on Financial Services by him to the bill S. 3254, to authorize and the Committee on Foreign Affairs of the House of Representatives. SA 3201. Mr. COONS (for himself and appropriations for fiscal year 2013 for (2) M23.—The term ‘‘M23’’ refers to the Mr. INHOFE) submitted an amendment military activities of the Department rebel group known as M23 operating in the intended to be proposed by him to the of Defense, for military construction, Democratic Republic of the Congo that de- bill S. 3254, to authorize appropriations and for defense activities of the De- rives its name from the March 23, 2009, agree- for fiscal year 2013 for military activi- partment of Energy, to prescribe mili- ment between the Government of the Demo- tary personnel strengths for such fiscal cratic Republic of the Congo and the Na- ties of the Department of Defense, for military construction, and for defense year, and for other purposes; which was tional Congress for the Defense of the People ordered to lie on the table; as follows: (or any successor group). activities of the Department of Energy, At the end of subtitle D of title XII, add (3) UNITED STATES PERSON.—The term to prescribe military personnel ‘‘United States person’’ means— strengths for such fiscal year, and for the following: (A) an individual who is a United States SEC. 1246. LIMITATIONS ON ASSISTANCE TO PAL- other purposes; as follows: ESTINIANS. citizen or an alien lawfully admitted for per- At the end of subtitle D of title XII, add (a) INTERNATIONAL CRIMINAL COURT RE- manent residence to the United States; or the following: STRICTION.—The United States shall not pro- (B) an entity organized under the laws of vide assistance for the Palestinian Authority the United States or of any jurisdiction SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY FROM POWER AND END ATROCITIES if the International Criminal Court adju- within the United States. COMMITTED BY THE LORD’S RESIST- dicates any matter proposed or supported by ANCE ARMY. SA 3200. Mr. CASEY (for himself and the Palestinian Authority or any other enti- Consistent with the Lord’s Resistance ty, legally recognized or otherwise, that pur- Mr. WARNER) submitted an amendment Army Disarmament and Northern Uganda ports to represent the interests of the Pales- intended to be proposed by him to the Recovery Act of 2009 (Public Law 111–172), it tinian people. bill S. 3254, to authorize appropriations is the sense of the Senate that— (b) PLO OFFICE CONDITIONALITY.—Notwith- for fiscal year 2013 for military activi- (1) the ongoing United States advise and standing any other provision of law, the Pal- ties of the Department of Defense, for assist operation to support the regional gov- estine Liberation Organization, its con- military construction, and for defense ernments in Africa in their ongoing efforts stituent groups, or any successor entity shall activities of the Department of Energy, to apprehend or remove Joseph Kony and his not maintain an office, headquarters, prem- top commanders from the battlefield and end ises, or other facilities or establishments to prescribe military personnel atrocities perpetuated by his Lord’s Resist- within the jurisdiction of the United States strengths for such fiscal year, and for ance Army should continue; unless the President determines and reports other purposes; which was ordered to (2) using amounts authorized to be appro- to the Speaker of the House of Representa- lie on the table; as follows: priated by section 301 and specified in the tives and the President Pro Tempore of the

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.059 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7228 CONGRESSIONAL RECORD — SENATE November 29, 2012 Senate that the Palestinians have entered ‘‘(6) The Secretary of Energy. and Security that ‘‘[e]ach Party recognizes into direct and meaningful negotiations with ‘‘(7) The Director of National Intel- that an armed attack against either Party in Israel. ligence.’’. the territories under the administration of (2) FUNCTIONS.—Subsection (d) of such sec- Japan would be dangerous to its own peace SA 3204. Mr. AKAKA submitted an tion is amended by adding at the end the fol- and safety and declares that it would act to amendment intended to be proposed by lowing new paragraphs: meet the common danger in accordance with him to the bill S. 3254, to authorize ap- ‘‘(9) To the extent provided by the Sec- its constitutional provisions and processes’’. propriations for fiscal year 2013 for retary of Defense, oversee and coordinate the military activities of the Department activities of the National Language Service SA 3206. Mr. MERKLEY submitted an Corps under section 813. of Defense, for military construction, amendment intended to be proposed by ‘‘(10) Assess on a periodic basis the needs him to the bill S. 3254, to authorize ap- and for defense activities of the De- identified by the departments and agencies partment of Energy, to prescribe mili- propriations for fiscal year 2013 for of the Federal Government for personnel military activities of the Department tary personnel strengths for such fiscal with skills in various foreign languages. of Defense, for military construction, year, and for other purposes; which was ‘‘(11) Recommend plans to address foreign ordered to lie on the table; as follows: language shortfalls and requirements of the and for defense activities of the De- partment of Energy, to prescribe mili- Strike section 941 and insert the following: departments and agencies of the Federal Government. tary personnel strengths for such fiscal SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. ‘‘(12) Recommend effective ways to in- year, and for other purposes; which was (a) AUTHORITY TO ESTABLISH.—The David crease public awareness of the need for for- L. Boren National Security Education Act of ordered to lie on the table; as follows: eign languages skills and career paths in the 1991 (50 U.S.C. 1901 et seq.) is amended by At the end of subtitle H of title X, add the Federal Government that use those skills. adding at the end the following new section: following: ‘‘(13) Advise on the coordination of activi- ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. SEC. 1084. EXPANSION OF MARINE GUNNERY SER- ties with Executive agencies and State and GEANT JOHN DAVID FRY SCHOLAR- ‘‘(a) ESTABLISHMENT.—(1) The Secretary of local governments to develop interagency Defense may establish and maintain within SHIP. plans and agreements to address overall for- (a) EXPANSION OF ENTITLEMENT.—Sub- the Department of Defense a National Lan- eign language shortfalls and to utilize per- guage Service Corps (in this section referred section (b)(9) of section 3311 of title 38, sonnel to address the various types of crises United States Code, is amended by inserting to as the ‘Corps’). that warrant foreign language skills.’’. ‘‘(2) The purpose of the Corps is to provide ‘‘or spouse’’ after ‘‘child’’. a pool of personnel with foreign language (b) LIMITATION AND ELECTION ON CERTAIN SA 3205. Mr. WEBB (for himself, Mr. BENEFITS.—Subsection (f) of such section is skills who, as provided in regulations pre- INHOFE, Mr. LIEBERMAN, and Mr. scribed under this section, agree to provide amended— MCCAIN) submitted an amendment in- foreign language services to the Department (1) by redesignating paragraph (2) as para- of Defense or another department or agency tended to be proposed by him to the graph (4); and of the United States. bill S. 3254, to authorize appropriations (2) by inserting after paragraph (1) the fol- ‘‘(b) NATIONAL SECURITY EDUCATION for fiscal year 2013 for military activi- lowing new paragraphs: BOARD.—If the Corps is established, the Sec- ties of the Department of Defense, for ‘‘(2) LIMITATION.—The entitlement of an in- retary shall provide for the National Secu- military construction, and for defense dividual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) rity Education Board to oversee and coordi- activities of the Department of Energy, nate the activities of the Corps to such ex- because the individual was a spouse of a per- to prescribe military personnel son described in such paragraph shall expire tent and in such manner as determined by strengths for such fiscal year, and for the Secretary under paragraph (9) of section on the earlier of— 803(d). other purposes; which was ordered to ‘‘(A) the date that is 15 years after the date ‘‘(c) MEMBERSHIP.—To be eligible for mem- lie on the table; as follows: on which the person died; and bership in the Corps, a person must be a cit- At the end of subtitle D of title XII, add ‘‘(B) the date on which the individual re- izen of the United States authorized by law the following: marries. to be employed in the United States, have SEC. 1246. SENSE OF THE SENATE ON THE SITUA- ‘‘(3) ELECTION ON RECEIPT OF CERTAIN BENE- attained the age of 18 years, and possess such TION IN THE SENKAKU ISLANDS. FITS.—A surviving spouse entitled to assist- foreign language skills as the Secretary con- It is the sense of the Senate that— ance under subsection (a) pursuant to para- siders appropriate for membership in the (1) the East China Sea is a vital part of the graph (9) of subsection (b) who is also enti- Corps. maritime commons of Asia, including crit- tled to educational assistance under chapter ‘‘(d) TRAINING.—The Secretary may provide ical sea lanes of communication and com- 35 of this title may not receive assistance members of the Corps such training as the merce that benefit all nations of the Asia- under both this section and such chapter, but Secretary prescribes for purposes of this sec- Pacific region; shall make an irrevocable election (in such tion. (2) the peaceful settlement of territorial form and manner as the Secretary may pre- ‘‘(e) SERVICE.—Upon a determination that and jurisdictional disputes in the East China scribe) under which section or chapter to re- it is in the national interests of the United Sea requires the exercise of self-restraint by ceive educational assistance.’’. States, the Secretary shall call upon mem- all parties in the conduct of activities that (c) EFFECTIVE DATE.—The amendments bers of the Corps to provide foreign language would complicate or escalate disputes and made by this section shall take effect on Oc- services to the Department of Defense or an- destabilize the region, and differences should tober 1, 2013. other department or agency of the United be handled in a constructive manner con- States. sistent with universally recognized prin- SA 3207. Mr. FRANKEN (for himself ‘‘(f) FUNDING.—The Secretary may impose ciples of customary international law; and Mr. BOOZMAN) submitted an fees, in amounts up to full-cost recovery, for (3) while the United States takes no posi- amendment intended to be proposed by language services and technical assistance tion on the ultimate sovereignty of the him to the bill S. 3254, to authorize ap- rendered by members of the Corps. Amounts Senkaku islands, the United States recog- propriations for fiscal year 2013 for of fees received under this section shall be nizes the administrative control of Japan military activities of the Department credited to the account of the Department over the Senkaku Islands; of Defense, for military construction, providing funds for any costs incurred by the (4) the United States has national interests Department in connection with the Corps. in freedom of navigation, the maintenance of and for defense activities of the De- Amounts so credited to such account shall be peace and stability, respect for international partment of Energy, to prescribe mili- merged with amounts in such account, and law, and unimpeded lawful commerce; tary personnel strengths for such fiscal shall be available to the same extent, and (5) the United States supports a collabo- year, and for other purposes; which was subject to the same conditions and limita- rative diplomatic process by claimants to re- ordered to lie on the table; as follows: tions, as amounts in such account. Any solve territorial disputes without coercion, At the end of subtitle H of title X, add the amounts so credited shall remain available and opposes efforts at coercion, the threat of following: until expended.’’. use of force, or use of force by any claimant SEC. 1084. REQUIREMENTS IN CONNECTION WITH (b) NATIONAL SECURITY EDUCATION BOARD in seeking to resolve sovereignty and terri- NEXT UPDATE OF CURRENT STRA- MATTERS.— torial issues in the East China Sea; TEGIC PLAN FOR OFFICE OF RURAL (1) COMPOSITION.—Subsection (b) of section (6) the unilateral actions of a third party HEALTH OF THE DEPARTMENT OF 803 of such Act (50 U.S.C. 1903) is amended— will not affect any determinations by the VETERANS AFFAIRS. (A) by striking paragraph (5); United States on the question of administra- (a) REQUIREMENTS.— (B) by redesignating paragraphs (6) and (7) tive control over the territories under the (1) IN GENERAL.—The first update of the as paragraphs (8) and (9), respectively; and administration of Japan; and Strategic Plan Refresh for Fiscal Years 2012 (C) by inserting after paragraph (4) the fol- (7) the United States reaffirms its commit- through 2014 of the Office of Rural Health of lowing new paragraphs: ment to the Government of Japan under Ar- the Department of Veterans Affairs after the ‘‘(5) The Secretary of Homeland Security. ticle V of the Treaty of Mutual Cooperation date of the enactment of this Act, whether

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.061 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7229 an update or refresh of such Strategic Plan SA 3208. Mr. BINGAMAN (for himself (B) use the Nuclear Science Advisory Com- Refresh or a strategic plan to supersede such and Ms. MURKOWSKI) submitted an mittee to conduct annual reviews of the Strategic Plan Refresh, shall be prepared in amendment intended to be proposed by progress made in achieving the program accordance with this section. him to the bill S. 3254, to authorize ap- goals. (2) CONSULTATION.—The Director of the Of- (b) DEVELOPMENT ASSISTANCE.—The Sec- fice of Rural Health shall prepare the update propriations for fiscal year 2013 for retary shall carry out a program to provide in consultation with the following: military activities of the Department (A) The Director of the Health Care Reten- of Defense, for military construction, assistance for— tion and Recruitment Office of the Depart- and for defense activities of the De- (1) the development of fuels, targets, and ment. partment of Energy, to prescribe mili- processes for domestic molybdenum-99 production that do not use highly enriched ura- (B) The Director of the Office of Quality tary personnel strengths for such fiscal and Performance of the Department. nium; and year, and for other purposes; which was (2) commercial operations using the fuels, (C) The Director of the Office of Care Co- ordered to lie on the table; as follows: ordination Services of the Department. targets, and processes described in paragraph On page 589, after line 23, insert the fol- (1). (b) ELEMENTS.—The update described in lowing: subsection (a) shall include, for the period (c) URANIUM LEASE AND TAKE-BACK.— Subtitle D—American Medical Isotopes (1) IN GENERAL.—The Secretary shall estab- covered by the update, the following: Production (1) Goals and objectives for the recruit- lish a program to make low-enriched ura- ment and retention by the Veterans Health SEC. 3141. SHORT TITLE. nium available, through lease contracts, for Administration of health care personnel in This subtitle may be cited as the ‘‘Amer- irradiation for the production of molyb- rural areas. ican Medical Isotopes Production Act of denum-99 for medical uses. (2) Goals and objectives for ensuring time- 2012’’. (2) TITLE.—The lease contracts shall pro- liness and improving quality in the delivery SEC. 3142. DEFINITIONS. vide for the producers of the molybdenum-99 of health care services by the Veterans In this subtitle: to take title to and be responsible for the Health Administration in rural areas (1) DEPARTMENT.—The term ‘‘Department’’ molybdenum-99 created by the irradiation, through contract and fee-basis providers. means the Department of Energy. processing, or purification of uranium leased (3) Goals and objectives for the implemen- (2) HIGHLY ENRICHED URANIUM.—The term under this section. tation, expansion, and enhanced use of tele- ‘‘highly enriched uranium’’ means uranium (3) DUTIES.— medicine services by the Veterans Health enriched to 20 percent or greater in the iso- (A) SECRETARY.—The lease contracts shall Administration in rural areas, including tope U–235. require the Secretary— through coordination with other appropriate (3) LOW ENRICHED URANIUM.—The term ‘‘low (i) to retain responsibility for the final dis- offices of the Department. enriched uranium’’ means uranium enriched position of spent nuclear fuel created by the (4) Goals and objectives for ensuring the to less than 20 percent in the isotope U–235. irradiation, processing, or purification of full and effective use of mobile outpatient (4) SECRETARY.—The term ‘‘Secretary’’ uranium leased under this section for the clinics by the Veterans Health Administra- means the Secretary of Energy. production of medical isotopes; and tion for the provision of health care services SEC. 3143. IMPROVING THE RELIABILITY OF DO- (ii) to take title to and be responsible for in rural areas, including goals and objectives MESTIC MEDICAL ISOTOPE SUPPLY. the final disposition of radioactive waste for the use of such clinics on a fully mobile (a) MEDICAL ISOTOPE DEVELOPMENT created by the irradiation, processing, or pu- basis and for encouraging health care pro- PROJECTS.— rification of uranium leased under this sec- viders who provide services through such (1) IN GENERAL.—The Secretary shall carry tion for which the Secretary determines the clinics to do so in rural areas. out a technology-neutral program— producer does not have access to a disposal (5) Procedures for soliciting from each Vet- (A) to evaluate and support projects for the path. erans Health Administration facility that production in the United States, without the (B) PRODUCER.—The producer of the spent serves a rural area the following: use of highly enriched uranium, of signifi- nuclear fuel and radioactive waste shall ac- (A) A statement of the clinical capacity of cant quantities of molybdenum-99 for med- curately characterize, appropriately pack- such facility. ical uses; age, and transport the spent nuclear fuel and (B) The procedures of such facility in the (B) to be carried out in cooperation with radioactive waste prior to acceptance by the event of a medical, surgical, or mental non-Federal entities; and Department. health emergency outside the scope of the (C) the costs of which shall be shared in ac- (4) COMPENSATION.— clinical capacity of such facility. cordance with section 988 of the Energy Pol- (A) IN GENERAL.—Subject to subparagraph (C) The procedures and mechanisms of such icy Act of 2005 (42 U.S.C. 16352). (B), the lease contracts shall provide for facility for the provision and coordination of (2) CRITERIA.—Projects shall be judged compensation in cash amounts equivalent to health care for women veterans, including against the following primary criteria: prevailing market rates for the sale of com- procedures and mechanisms for coordination (A) The length of time necessary for the parable uranium products and for compensa- with local hospitals and health care facili- proposed project to begin production of motion in cash amounts equivalent to the net ties, oversight of primary care and fee-basis lybdenum-99 for medical uses within the present value of the cost to the Federal Gov- care, and management of specialty care. United States. ernment for— (6) Goals and objectives for the modifica- (B) The capability of the proposed project (i) the final disposition of spent nuclear tion of the funding allocation mechanisms of to produce a significant percentage of United fuel and radioactive waste for which the De- the Office of Rural Health in order to ensure States demand for molybdenum-99 for med- partment is responsible under paragraph (3); that the Office distributes funds to compo- ical uses. and nents of the Department to best achieve the (C) The cost of the proposed project. (ii) other costs associated with carrying goals and objectives of the Office and in a (3) EXEMPTION.—An existing reactor in the out the uranium lease and take-back pro- timely manner. United States fueled with highly enriched gram authorized by this subsection. (7) Goals and objectives for the coordina- uranium shall not be disqualified from the (B) DISCOUNT RATE.—The discount rate tion of, and sharing of resources with respect program if the Secretary determines that— used to determine the net present value of to, the provision of health care services to (A) there is no alternative nuclear reactor costs described in subparagraph (A)(ii) shall veterans in rural areas between the Depart- fuel, enriched in the isotope U–235 to less be not greater than the average interest rate ment of Veterans Affairs, the Department of than 20 percent, that can be used in that re- on marketable Treasury securities. Defense, the Indian Health Service of the De- actor; (5) AUTHORIZED USE OF FUNDS.—The Sec- partment of Health and Human Services, and (B) the reactor operator has provided as- retary may obligate and expend funds re- other Federal agencies, as appropriate and surances that, whenever an alternative nu- ceived under leases entered into under this prudent. clear reactor fuel, enriched in the isotope U– subsection, which shall remain available (8) Specific milestones for the achievement 235 to less than 20 percent, can be used in until expended, for the purpose of carrying of the goals and objectives developed for the that reactor, it will use that alternative in out the activities authorized by this subtitle, update. lieu of highly enriched uranium; and including activities related to the final dis- (9) Procedures for ensuring the effective (C) the reactor operator has provided a cur- position of spent nuclear fuel and radioactive implementation of the update. rent report on the status of its efforts to con- waste for which the Department is respon- vert the reactor to an alternative nuclear re- sible under paragraph (3). (c) TRANSMITTAL TO CONGRESS.—Not later actor fuel enriched in the isotope U–235 to (6) EXCHANGE OF URANIUM FOR SERVICES.— than 90 days after the date of the issuance of less than 20 percent, and an anticipated The Secretary shall not barter or otherwise the update described in subsection (a), the schedule for completion of conversion. sell or transfer uranium in any form in ex- Secretary of Veterans Affairs shall transmit (4) PUBLIC PARTICIPATION AND REVIEW.—The change for— the update to Congress, together with such Secretary shall— (A) services related to the final disposition comments and recommendations in connec- (A) develop a program plan and annually of the spent nuclear fuel and radioactive tion with the update as the Secretary con- update the program plan through public waste for which the Department is respon- siders appropriate. workshops; and sible under paragraph (3); or

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.062 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7230 CONGRESSIONAL RECORD — SENATE November 29, 2012 (B) any other services associated with car- ‘‘(A) the fuel or target has been qualified ‘‘(3) the term ‘highly enriched uranium’ rying out the uranium lease and take-back by the Reduced Enrichment Research and means uranium enriched to 20 percent or program authorized by this subsection. Test Reactor Program of the Department of more in the isotope U–235; and (d) COORDINATION OF ENVIRONMENTAL RE- Energy; and ‘‘(4) the term ‘medical isotope’ includes VIEWS.—The Department and the Nuclear ‘‘(B) use of the fuel or target will permit molybdenum-99, iodine-131, xenon-133, and Regulatory Commission shall ensure to the the large majority of ongoing and planned other radioactive materials used to produce maximum extent practicable that environ- experiments and medical isotope production a radiopharmaceutical for diagnostic or mental reviews for the production of the to be conducted in the reactor without a therapeutic procedures or for research and medical isotopes shall complement and not large percentage increase in the total cost of development.’’. duplicate each review. operating the reactor; and (b) TABLE OF CONTENTS.—The table of con- (e) OPERATIONAL DATE.—The Secretary ‘‘(4) the term ‘medical isotope’ includes tents for the Atomic Energy Act of 1954 is shall establish a program as described in sub- molybdenum-99, iodine-131, xenon-133, and amended by inserting the following new item section (c)(3) not later than 3 years after the other radioactive materials used to produce at the end of the items relating to chapter 10 date of enactment of this Act. a radiopharmaceutical for diagnostic or of title I: (f) RADIOACTIVE WASTE.—Notwithstanding therapeutic procedures or for research and ‘‘Sec. 112. Domestic medical isotope produc- section 2 of the Nuclear Waste Policy Act of development.’’. tion.’’. 1982 (42 U.S.C. 10101), radioactive material re- SEC. 3145. REPORT ON DISPOSITION OF EXPORTS. SEC. 3147. ANNUAL DEPARTMENT REPORTS. sulting from the production of medical iso- Not later than 1 year after the date of the (a) IN GENERAL.—Not later than 1 year topes that has been permanently removed enactment of this Act, the Chairman of the after the date of enactment of this Act, and from a reactor or subcritical assembly and Nuclear Regulatory Commission, after con- annually thereafter for 5 years, the Sec- for which there is no further use shall be sulting with other relevant agencies, shall retary shall report to Congress on Depart- considered low-level radioactive waste if the submit to the Congress a report detailing the ment actions to support the production in material is acceptable under Federal require- current disposition of previous United States the United States, without the use of highly ments for disposal as low-level radioactive exports of highly enriched uranium used as enriched uranium, of molybdenum-99 for waste. fuel or targets in a nuclear research or test medical uses. SEC. 3144. EXPORTS. reactor, including— (b) CONTENTS.—The reports shall include Section 134 of the Atomic Energy Act of (1) their location; the following: 1954 (42 U.S.C. 2160d) is amended by striking (2) whether they are irradiated; (1) For medical isotope development subsection c. and inserting the following: (3) whether they have been used for the projects— ‘‘c. Effective 7 years after the date of en- purpose stated in their export license; (A) the names of any recipients of Depart- actment of the American Medical Isotopes (4) whether they have been used for an al- ment support under section 3143; Production Act of 2012, the Commission may ternative purpose and, if so, whether such al- (B) the amount of Department funding not issue a license for the export of highly ternative purpose has been explicitly ap- committed to each project; enriched uranium from the United States for proved by the Commission; (C) the milestones expected to be reached the purposes of medical isotope production. (5) the year of export, and reimportation, if for each project during the year for which ‘‘d. The period referred to in subsection b. applicable; support is provided; may be extended for no more than 6 years if, (6) their current physical and chemical (D) how each project is expected to support no earlier than 6 years after the date of en- forms; and the increased production of molybdenum-99 actment of the American Medical Isotopes (7) whether they are being stored in a man- for medical uses; Production Act of 2012, the Secretary of En- ner which adequately protects against theft (E) the findings of the evaluation of ergy certifies to the Committee on Energy and unauthorized access. projects under section 3143(a)(2); and and Commerce of the House of Representa- SEC. 3146. DOMESTIC MEDICAL ISOTOPE PRO- (F) the ultimate use of any Department tives and the Committee on Energy and Nat- DUCTION. funds used to support projects under section ural Resources of the Senate that— (a) IN GENERAL.—Chapter 10 of the Atomic 3143. ‘‘(1) there is insufficient global supply of Energy Act of 1954 (42 U.S.C. 2131 et seq.) is (2) A description of actions taken in the molybdenum-99 produced without the use of amended by adding at the end the following: previous year by the Secretary to ensure the highly enriched uranium available to satisfy ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRO- safe disposition of spent nuclear fuel and ra- the domestic United States market; and DUCTION.— dioactive waste for which the Department is ‘‘(2) the export of United States-origin ‘‘a. The Commission may issue a license, or responsible under section 3143(c). highly enriched uranium for the purposes of grant an amendment to an existing license, SEC. 3148. NATIONAL ACADEMY OF SCIENCES RE- medical isotope production is the most effec- for the use in the United States of highly en- PORT. tive temporary means to increase the supply riched uranium as a target for medical iso- (a) IN GENERAL.—The Secretary shall enter of molybdenum-99 to the domestic United tope production in a nuclear reactor, only if, into an arrangement with the National States market. in addition to any other requirement of this Academy of Sciences to conduct a study of ‘‘e. To ensure public review and comment, Act— the state of molybdenum-99 production and the development of the certification de- ‘‘(1) the Commission determines that— utilization, to be provided to Congress not scribed in subsection c. shall be carried out ‘‘(A) there is no alternative medical iso- later than 5 years after the date of enact- through announcement in the Federal Reg- tope production target, enriched in the iso- ment of this Act. ister. tope U–235 to less than 20 percent, that can (b) CONTENTS.—The report shall include the ‘‘f. At any time after the restriction of ex- be used in that reactor; and following: port licenses provided for in subsection b. be- ‘‘(B) the proposed recipient of the medical (1) For molybdenum-99 production— comes effective, if there is a critical short- isotope production target has provided assur- (A) a list of all facilities in the world pro- age in the supply of molybdenum-99 avail- ances that, whenever an alternative medical ducing molybdenum-99 for medical uses, in- able to satisfy the domestic United States isotope production target can be used in that cluding an indication of whether these facili- medical isotope needs, the restriction of ex- reactor, it will use that alternative in lieu of ties use highly enriched uranium in any way; port licenses may be suspended for a period highly enriched uranium; and (B) a review of international production of of no more than 12 months, if— ‘‘(2) the Secretary of Energy has certified molybdenum-99 over the previous 5 years, in- ‘‘(1) the Secretary of Energy certifies to that the United States Government is ac- cluding— the Congress that the export of United tively supporting the development of an al- (i) whether any new production was States-origin highly enriched uranium for ternative medical isotope production target brought online; the purposes of medical isotope production is that can be used in that reactor. (ii) whether any facilities halted produc- the only effective temporary means to in- ‘‘b. As used in this section— tion unexpectedly; and crease the supply of molybdenum-99 nec- ‘‘(1) the term ‘alternative medical isotope (iii) whether any facilities used for produc- essary to meet United States medical isotope production target’ means a nuclear reactor tion were decommissioned or otherwise per- needs during that period; and target which is enriched to less than 20 permanently removed from service; and ‘‘(2) the Congress enacts a Joint Resolution cent of the isotope U–235; (C) an assessment of progress made in the approving the temporary suspension of the ‘‘(2) a target ‘can be used’ in a nuclear re- previous 5 years toward establishing domes- restriction of export licenses. search or test reactor if— tic production of molybdenum-99 for medical ‘‘g. As used in this section— ‘‘(A) the target has been qualified by the uses, including the extent to which other ‘‘(1) the term ‘alternative nuclear reactor Reduced Enrichment Research and Test Re- medical isotopes that have been produced fuel or target’ means a nuclear reactor fuel actor Program of the Department of Energy; with molybdenum-99, such as iodine-131 and or target which is enriched to less than 20 and xenon-133, are being used for medical pur- percent in the isotope U–235; ‘‘(B) use of the target will permit the large poses. ‘‘(2) the term ‘highly enriched uranium’ majority of ongoing and planned experi- (2) An assessment of the progress made by means uranium enriched to 20 percent or ments and medical isotope production to be the Department and others to eliminate all more in the isotope U–235; conducted in the reactor without a large per- worldwide use of highly enriched uranium in ‘‘(3) a fuel or target ‘can be used’ in a nu- centage increase in the total cost of oper- reactor fuel, reactor targets, and medical clear research or test reactor if— ating the reactor; isotope production facilities.

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.062 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7231 SEC. 3149. REPEAL. SEC. 1233. REPORT ON IMPLEMENTATION BY nation of the contract that sets forth a de- The Nuclear Safety Research, Develop- GOVERNMENT OF BAHRAIN OF REC- scription of the costs (including any allow- ment, and Demonstration Act of 1980 (42 OMMENDATIONS IN REPORT OF THE able, allocable, reasonable, or unforeseen U.S.C. 9701 et seq.) is repealed. BAHRAIN INDEPENDENT COM- costs) to be paid by the Department in con- MITTEE OF INQUIRY. nection with the termination of the con- (a) IN GENERAL.—Not later than 60 days SA 3209. Mr. THUNE submitted an tract. after the date of the enactment of this Act, amendment intended to be proposed by the Secretary of Defense, in coordination him to the bill S. 3254, to authorize ap- SA 3213. Mr. RISCH submitted an with the Secretary of State, shall submit to amendment intended to be proposed by propriations for fiscal year 2013 for the appropriate congressional committees a military activities of the Department report on the implementation by the Govern- him to the bill S. 3254, to authorize ap- of Defense, for military construction, ment of Bahrain of the recommendations propriations for fiscal year 2013 for and for defense activities of the De- contained in the Report of the Bahrain Inde- military activities of the Department partment of Energy, to prescribe mili- pendent Committee of Inquiry. of Defense, for military construction, (b) CONTENT.—The report required under tary personnel strengths for such fiscal and for defense activities of the De- subsection (a) shall include the following ele- partment of Energy, to prescribe mili- year, and for other purposes; which was ments: ordered to lie on the table; as follows: tary personnel strengths for such fiscal (1) A description of the specific steps taken year, and for other purposes; as fol- At the end of subtitle B of title VIII, add by the Government of Bahrain to implement the following: each of the 26 recommendations contained in lows: Strike section 3114 and insert the fol- SEC. 827. SUPPORT OF THE COMPETITIVE ENTER- the Report of the Bahrain Independent Com- PRISE SYSTEM. mittee of Inquiry. lowing: (a) REPEAL OF SECTION 325.—Section 325 of (2) An assessment of whether each rec- SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGE- the National Defense Authorization Act for ommendation has been fully complied with MENT FOR NONPROLIFERATION. Fiscal Year 2010 (Public Law 111–84; 123 Stat. by the Government of Bahrain. (a) PROGRAM REQUIRED.— 2253) is repealed. (3) An assessment of the impact of the find- (1) IN GENERAL.—Title XLIII of the Atomic (b) REPEAL OF SECTION 8103.—Section 8103 ings in the Report of the Bahrain Inde- Energy Defense Act (50 U.S.C. 2562 et seq.) is of the Department of Defense and Full-Year pendent Committee of Inquiry for the United amended by adding at the end the following Continuing Appropriations Act, 2011 (Public States security posture in the Arab Gulf and new section: Law 112–10; 125 Stat. 80) is repealed. the United States Central Command Area of ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGE- Responsibility. MENT FOR NONPROLIFERATION. SA 3210. Mr. THUNE submitted an ‘‘(a) PROGRAM REQUIRED.—(1) The Sec- amendment intended to be proposed by SA 3212. Mr. MORAN submitted an retary of Energy shall, acting through the him to the bill S. 3254, to authorize ap- amendment intended to be proposed by Administrator of the National Nuclear Secu- rity Administration, carry out a program on propriations for fiscal year 2013 for him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for scientific engagement in countries selected military activities of the Department by the Secretary for purposes of the program of Defense, for military construction, military activities of the Department in order to advance global nonproliferation and for defense activities of the De- of Defense, for military construction, and nuclear security efforts. partment of Energy, to prescribe mili- and for defense activities of the De- ‘‘(2) The program required by this section tary personnel strengths for such fiscal partment of Energy, to prescribe mili- shall be a distinct program from the Global year, and for other purposes; which was tary personnel strengths for such fiscal Initiatives for Proliferation Prevention pro- year, and for other purposes; which was gram. ordered to lie on the table; as follows: ‘‘(b) ELEMENTS.—The program shall include At the end of subtitle B of title VIII, add ordered to lie on the table; as follows: the elements as follows: the following: At the end of subtitle C of title VIII, add ‘‘(1) Training and capacity-building to SEC. 827. POLICY ON SUPPORT OF THE COMPETI- the following: strengthen nonproliferation and security TIVE ENTERPRISE SYSTEM. SEC. 847. REPORTS ON RENEGOTIATION OR CAN- best practices. (a) FINDINGS.—Congress finds that the com- CELLATION OF DEPARTMENT OF DE- ‘‘(2) Engagement of United States sci- petitive enterprise system, including small FENSE CONTRACTS IN CONNECTION entists with foreign counterparts to advance WITH SPENDING CUTS. business concerns, is— nonproliferation goals. (a) REPORT ON PROCEDURES.— (1) characterized by individual freedom and ‘‘(c) REPORT ON COMMENCEMENT OF PRO- (1) IN GENERAL.—Not later than days initiative; and lll GRAM.—Funds may not be expended under (2) the primary source of the economic after the date of the enactment of this Act, the program required by this section until strength of the United States. the Secretary of Defense shall submit to the the Administrator submits to the appro- congressional defense committees a report (b) POLICY ON SUPPORT OF COMPETITIVE EN- priate congressional committees a report setting forth the procedures of the Depart- TERPRISE SYSTEM.—It is the declared policy setting forth the following: of Congress that the Federal Government, ment of Defense, including the military de- ‘‘(1) For each country selected for the pro- including the Department of Defense, partments and the Defense Agencies, for the gram as of the date of such report— should— renegotiation or cancellation of contracts as ‘‘(A) a proliferation threat assessment pre- (1) support the competitive enterprise sys- a result of reductions in funding for the De- pared by the Director of National Intel- tem of the United States, including small partment of Defense in connection with— ligence; and business concerns; (A) reductions of discretionary appropria- ‘‘(B) metrics for evaluating the success of (2) not compete with the citizens of the tions and direct spending pursuant to the se- the program. United States; quester required by section 251A of the Bal- ‘‘(2) Accounting standards for the conduct (3) rely on commercial sources to supply anced Budget and Emergency Deficit Control of the program approved by the Comptroller the products and services required by the Act of 1985; General of the United States. Federal Government; and (B) directives of the Office of Management ‘‘(d) REPORTS ON MODIFICATION OF PRO- (4) avoid starting or carrying out any ac- and Budget, or other Executive Branch direc- GRAM.—Before making any modification in tivity that provides a product or service that tives, relating to cost saving measures; and the program (whether selecting a new coun- can be procured more effectively and effi- (C) other funding reduction mechanisms. try for the program, ceasing the selection of ciently from a nongovernmental source. (2) ACTIONS TO DEVELOP ADDITIONAL PROCE- a country for the program, or modifying an DURES.—If the Secretary determines for pur- element of the program), the Administrator SA 3211. Mr. RUBIO (for himself, Mr. poses of the report under paragraph (1) that shall submit to the appropriate congres- any component of the Department lacks ade- WYDEN, and Mr. CASEY) submitted an sional committees a report on the modifica- quate procedures to govern the renegotiation amendment intended to be proposed by tion. If the modification consists of the se- or cancellation of contracts as results of re- lection for the program of a country not pre- him to the bill S. 3254, to authorize ap- ductions in funding described in that para- viously selected for the program, the report propriations for fiscal year 2013 for graph, the report shall include a description shall include the matters specified in sub- military activities of the Department of the actions to be taken to provide such section (c)(1) for the country. of Defense, for military construction, component with adequate procedures for ‘‘(e) APPROPRIATE CONGRESSIONAL COMMIT- and for defense activities of the De- that purpose. TEES DEFINED.—In this section, the term ‘ap- partment of Energy, to prescribe mili- (b) REPORTS ON COSTS OF CONTRACT TERMI- propriate congressional committees’ tary personnel strengths for such fiscal NATION.—Not later than lll days after the means— termination of a contract of the Department ‘‘(1) the Committee on Appropriations, the year, and for other purposes; which was of Defense by reason of a reduction in fund- Committee on Armed Services, the Com- ordered to lie on the table; as follows: ing described in subsection (a)(1), the Sec- mittee on Foreign Relations, and the Select At the end of subtitle C of title XII, add retary shall submit to the congressional de- Committee on Intelligence of the Senate; the following: fense committees a report on the termi- and

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.062 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7232 CONGRESSIONAL RECORD — SENATE November 29, 2012 ‘‘(2) the Committee on Appropriations, the (A) A description of the Department’s ap- days before any election for Federal office Committee on Armed Services, the Com- proach for normalizing defense trade. held in a State, such State shall submit a re- mittee on Foreign Affairs, and the Perma- (B) An assessment of the defense capabili- port to the Attorney General and the Presi- nent Select Committee on Intelligence of the ties that the Secretary believes the Govern- dential Designee, and make that report pub- House of Representatives.’’. ment of India should acquire in order to en- licly available that same day, certifying that (2) CLERICAL AMENDMENT.—The table of hance cooperation and coordination with the absentee ballots are or will be available for contents in section 4001(b) of such Act (divi- United States Government on matters of transmission by 46 days before the election. sion D of Public Law 107–314) is amended by shared security interests. The report shall be in a form prescribed by inserting after the item relating to section (b) COMPREHENSIVE POLICY REVIEW.— the Attorney General and shall require the 4308 the following new item: (1) IN GENERAL.—The Secretary of Defense State to certify specific information about shall lead a comprehensive policy review to ‘‘Sec. 4309. Program on scientific engage- ballot availability from each unit of local examine the feasibility of engaging in co- government which will administer the elec- ment for nonproliferation.’’. production and co-development defense (b) REPORT ON COORDINATION WITH OTHER tion. projects with India. UNITED STATES NONPROLIFERATION PRO- ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE (2) SCOPE.—The policy review should— GRAMS.—Not later than 180 days after the BALLOTS TRANSMITTED.—Not later than 43 (A) examine the parameters and require- date of the enactment of this Act, the Ad- days before any election for Federal office ments for United States-India cooperation as ministrator of the National Nuclear Security held in a State, such State shall submit a re- well as the terms and conditions India must Administration shall submit to the appro- port to the Attorney General and the Presi- fulfill to broach such cooperation; and priate congressional committees a report de- dential Designee, and make that report pub- (B) consider potential areas of cooperation, scribing the manner in which the program on licly available that same day, certifying including the possibility of co-producing a scientific engagement for nonproliferation whether all absentee ballots validly re- training aircraft and co-developing counter- under section 4309 of the Atomic Energy De- quested by absent uniformed services voters IED technology or individual soldier capa- fense Act (as added by subsection (a)) coordi- and overseas voters whose requests were re- bilities. ceived by the 46th day before the election nates with and complements, but does not (c) SENSE OF CONGRESS ON INTERNATIONAL have been transmitted to such voters by duplicate, other nonproliferation programs INITIATIVES.—It is the sense of Congress that such date. The report shall be in a form pre- of the United States Government. the Department of Defense should— scribed by the Attorney General and shall re- (c) COMPTROLLER GENERAL OF THE UNITED (1) conduct a review of all United States– quire the State to certify specific informa- STATES REPORT.—Not later than two years India bilateral working groups dealing with after the date of the enactment of this Act, high technology transfers, including tech- tion about ballot transmission, including the the Comptroller General of the United States nology security and licensing for dual-use total numbers of ballot requests received and shall submit to the appropriate congres- and munitions licenses, and determine the ballots transmitted, from each unit of local sional committees a report on the program feasibility of establishing a single United government which will administer the elec- on scientific engagement for nonprolifera- States Government working group dedicated tion. tion under section 4309 of the Atomic Energy to strategic technology trade; ‘‘(3) POST ELECTION REPORT ON NUMBER OF Defense Act (as so added). The report shall (2) engage counterparts in the Government ABSENTEE BALLOTS TRANSMITTED AND RE- include an assessment by the Comptroller of India in an intensified dialogue on the cur- CEIVED.—Not later than 90 days’’. General of the success of the program, as de- rent challenges related to the compatibility (b) CONFORMING AMENDMENT.—The heading termined in accordance with the metrics for of the Foreign Military Sales and direct for subsection (c) of section 102 of such Act evaluating the success of the program under commercial sales programs with the Indian (42 U.S.C. 1973ff–1(c)) is amended by striking subsection (c)(1)(B) of such section 4309, and Defense Procurement Procedure (DPP), and ‘‘REPORT ON NUMBER OF ABSENTEE BALLOTS such other matters on the program as the steps to improve compatibility; TRANSMITTED AND RECEIVED’’ and inserting Comptroller General considers appropriate. (3) engage counterparts in the Government ‘‘REPORTS ON ABSENTEE BALLOTS’’ (d) APPROPRIATE CONGRESSIONAL COMMIT- of India in a dialogue about the elements of SEC. 1802. TRANSMISSION REQUIREMENTS; RE- TEES DEFINED.—In this section, the term an effective defense industrial base, includ- PEAL OF WAIVER PROVISION. ‘‘appropriate congressional committees’’ ing personnel training, quality assurance, (a) IN GENERAL.—Paragraph (8) of section means— and manufacturing procedures; 102(a) of the Uniformed and Overseas Citizens (1) the Committee on Appropriations, the (4) consider the establishment of orienta- Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is Committee on Armed Services, the Com- tion programs for new defense officials in the amended to read as follows: mittee on Foreign Relations, and the Select Government of India about the procedures ‘‘(8) transmit a validly requested absentee Committee on Intelligence of the Senate; for United States defense sales, including li- ballot to an absent uniformed services voter and censing processes; and or overseas voter by the date and in the (2) the Committee on Appropriations, the (5) continue and deepen ongoing efforts to manner determined under subsection (g);’’. Committee on Armed Services, the Com- assist the Government of India in developing (b) BALLOT TRANSMISSION REQUIREMENTS mittee on Foreign Affairs, and the Perma- its defense acquisition expertise by assisting AND REPEAL OF WAIVER PROVISION.—Sub- nent Select Committee on Intelligence of the with the development of training institu- section (g) of section 102 of such Act (42 House of Representatives. tions and human capital. U.S.C. 1973ff–1(g)) is amended to read as follows: SA 3214. Mr. WARNER (for himself SA 3215. Mr. BROWN of Ohio (for ‘‘(g) BALLOT TRANSMISSION REQUIRE- and Mr. CORNYN) submitted an amend- himself, Mr. FRANKEN, Mr. WHITE- MENTS.— ment intended to be proposed by him HOUSE, Mr. SANDERS, Mr. LEAHY, and ‘‘(1) IN GENERAL.—For purposes of sub- to the bill S. 3254, to authorize appro- Ms. KLOBUCHAR) submitted an amend- section (a)(8), in the case in which a valid re- priations for fiscal year 2013 for mili- ment intended to be proposed by him quest for an absentee ballot is received at tary activities of the Department of to the bill S. 3254, to authorize appro- least 46 days before an election for Federal Defense, for military construction, and priations for fiscal year 2013 for mili- office, the following rules shall apply: for defense activities of the Depart- tary activities of the Department of ‘‘(A) IN GENERAL.—The State shall trans- Defense, for military construction, and mit the absentee ballot not later than 46 ment of Energy, to prescribe military days before the election. for defense activities of the Depart- personnel strengths for such fiscal ‘‘(B) SPECIAL RULES IN CASE OF FAILURE TO year, and for other purposes; which was ment of Energy, to prescribe military TRANSMIT ON TIME.— ordered to lie on the table; as follows: personnel strengths for such fiscal ‘‘(i) IN GENERAL.—If the State fails to At the end of subtitle D of title XII, add year, and for other purposes; which was transmit any absentee ballot by the 46th day the following: ordered to lie on the table; as follows: before the election as required by subpara- SEC. 1246. BILATERAL DEFENSE TRADE RELA- At the end of division A, add the following: graph (A) and the absent uniformed services TIONSHIP WITH INDIA. TITLE XVIII—AMENDMENTS TO THE UNI- voter or overseas voter did not request elec- (a) REPORT.— FORMED AND OVERSEAS CITIZENS AB- tronic ballot submission pursuant to sub- (1) IN GENERAL.—Not later than 180 days SENTEE VOTING ACT section (f), the State shall transmit such bal- after the date of the enactment of this Act, lot by express delivery. SEC. 1801. PRE-ELECTION REPORTING REQUIRE- the Secretary of Defense shall submit to the MENTS ON AVAILABILITY AND ‘‘(ii) EXTENDED FAILURE.—If the State fails congressional defense committees a report TRANSMISSION OF ABSENTEE BAL- to transmit any absentee ballot by the 41st that articulates the vision of the Depart- LOTS. day before the election, in addition to trans- ment of Defense for defense trade relations (a) IN GENERAL.—Subsection (c) of section mitting the ballot as provided in clause (i), between the United States and India within 102 of the Uniformed and Overseas Citizens the State shall— the context of the overall bilateral defense Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is ‘‘(I) in the case of absentee ballots re- relationship. amended by striking ‘‘Not later than 90 quested by absent uniformed services voters (2) CONTENT.—The report required under days’’ and inserting the following: with respect to regularly scheduled general paragraph (1) shall include the following ele- ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE elections, notify such voters of the proce- ments: BALLOT AVAILABILITY.—Not later than 55 dures established under section 103A for the

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.065 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7233 collection and delivery of marked absentee (A) by striking ‘‘A State’’ and inserting the bring a civil action in any Federal or State ballots; and following: court of competent jurisdiction to enforce ‘‘(II) in any other case, provide, at the ‘‘(a) PROHIBITION OF REFUSAL OF APPLICA- such person’s rights and may recover equi- State’s expense, for the return of such ballot TIONS ON GROUNDS OF EARLY SUBMISSION.—A table relief, reasonable attorney’s fees, and by express delivery. State’’, and costs. The aggrieved person may also recover ‘‘(iii) ENFORCEMENT.—A State’s compliance (B) by adding at the end the following new legal relief (including compensatory and, with this subparagraph does not bar the At- subsections: from nongovernmental entities, punitive torney General from seeking additional rem- ‘‘(b) APPLICATION TREATED AS VALID FOR damages) in the case of noncompliance that edies necessary to effectuate the purposes of SUBSEQUENT ELECTIONS.— is intentional discrimination. this Act. ‘‘(1) IN GENERAL.—If a State accepts and ‘‘(c) Nothing in subsection (b) limits the ‘‘(2) REQUESTS RECEIVED AFTER 46TH DAY BE- processes a request for an absentee ballot by authority of a Federal department or agency FORE ELECTION.—For purposes of subsection an absent uniformed services voter or over- to enforce section 601.’’. (a)(8), in the case in which a valid request for seas voter and the voter requests that the SEC. 1807. RELATED CHANGES TO TITLE IX OF an absentee ballot is received less than 46 application be considered an application for THE EDUCATION AMENDMENTS OF an absentee ballot for each subsequent elec- 1972—CLARIFICATION OF PROHIB- days before an election for Federal office, ITED DISCRIMINATION, PRIVATE the State shall transmit the absentee bal- tion for Federal office held in the State through the next regularly scheduled general RIGHT OF ACTION, AND AVAILABLE lot— RELIEF. election for Federal office (including any ‘‘(A) in accordance with State law; and (a) CLARIFICATION OF PROHIBITED DISCRIMI- runoff elections which may occur as a result ‘‘(B) if practicable and as determined ap- NATION.—Section 901 of the Education propriate by the State, in a manner that ex- of the outcome of such general election), the Amendments of 1972 (20 U.S.C. 1681) is pedites the transmission of such absentee State shall provide an absentee ballot to the amended— ballot.’’. voter for each such subsequent election. (1) by redesignating subsection (c) as sub- XCEPTION FOR VOTERS CHANGING REG SEC. 1803. CLARIFICATION OF STATE RESPONSI- ‘‘(2) E - section (d); and BILITY, CIVIL PENALTIES, AND PRI- ISTRATION .—Paragraph (1) shall not apply (2) by inserting after subsection (b) the fol- VATE RIGHT OF ACTION. with respect to a voter registered to vote in lowing new subsection: (a) ENFORCEMENT.—Section 105 (42 U.S.C. a State for any election held after the voter ‘‘(c)(1) Subject to the conditions described 1973ff–4) of the Uniformed and Overseas Citi- notifies the State that the voter no longer in paragraphs (1) through (9) of subsection zens Absentee Voting Act is amended to read wishes to be registered to vote in the State (a), discrimination based on disparate im- as follows: or after the State determines that the voter pact with respect to a program or activity is ‘‘SEC. 105. ENFORCEMENT. has registered to vote in another State.’’. established under this section only if— ‘‘(a) IN GENERAL.—The Attorney General (2) CONFORMING AMENDMENT.—The heading ‘‘(A) a Federal department of agency, or may bring a civil action in an appropriate of section 104 of such Act is amended by any person aggrieved, demonstrates that an district court for such declaratory or injunc- striking ‘‘PROHIBITION OF REFUSAL OF entity subject to this title has a policy or tive relief as may be necessary to carry out APPLICATIONS ON GROUNDS OF EARLY practice with respect to the program or ac- this title. In any such action, the only nec- SUBMISSION’’ and inserting ‘‘TREATMENT tivity that causes a disparate impact on the essary party defendant is the State and it OF EARLY BALLOT REQUESTS’’. basis of sex; and shall not be a defense to such action that SEC. 1805. APPLICABILITY TO COMMONWEALTH ‘‘(B)(i) the entity fails to demonstrate that local election officials are not also named as OF THE NORTHERN MARIANA IS- the challenged policy or practice is related defendants. LANDS. to, and necessary to achieve, the substantial ‘‘(b) CIVIL PENALTY.—In a civil action Paragraph (6) and (8) of section 107 of the and legitimate nondiscriminatory goals of brought under subsection (a), if the court Uniformed and Overseas Citizens Absentee the program or activity; or finds that a State violated any provision of Voting Act (42 U.S.C. 1973ff–6(6)) are each ‘‘(ii) the Federal department or agency, or this Act, it may, to vindicate the public in- amended by striking ‘‘and American Samoa’’ the person aggrieved, demonstrates that a terest, assess a civil penalty against the and inserting ‘‘American Samoa, and the less discriminatory alternative policy or State— Commonwealth of the Northern Mariana Is- practice exists, and the entity refuses to ‘‘(1) in an amount not exceeding $110,000, lands’’. adopt such alternative policy or practice. for a first violation; and SEC. 1806. RELATED CHANGES TO TITLE VI OF ‘‘(2) In this subsection, the term ‘dem- ‘‘(2) in an amount not exceeding $220,000, THE CIVIL RIGHTS ACT OF 1964— onstrates’ means meets the burdens of pro- for any subsequent violation. CLARIFICATION OF PROHIBITED DISCRIMINATION, PRIVATE RIGHT duction and persuasion.’’. ‘‘(c) REPORT TO CONGRESS.—Not later than (b) PRIVATE RIGHT OF ACTION AND AVAIL- December 31 of each year, the Attorney Gen- OF ACTION, AND AVAILABLE RELIEF. (a) CLARIFICATION OF PROHIBITED DISCRIMI- ABLE RELIEF.—Section 902 of the Education eral shall submit to Congress an annual re- Amendments of 1972 (20 U.S.C. 1682) is port on any civil action brought under sub- NATION.—Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended— amended— section (a) during the preceding year. (1) in the section heading, by adding at the ‘‘(d) PRIVATE RIGHT OF ACTION.—A person (1) by striking ‘‘No’’ and inserting ‘‘(a) end the following: ‘‘; PRIVATE RIGHT OF AC- who is aggrieved by a State’s violation of No’’; and TION AND AVAILABLE RELIEF’’; this Act, may bring a civil action in an ap- (2) by adding at the end the following new (2) by striking ‘‘Each’’ and inserting ‘‘(a) propriate district court for such declaratory subsection: or injunctive relief as may be necessary to ‘‘(b)(1) Discrimination based on disparate Each’’; and carry out this Act. impact with respect to a program or activity (3) by adding at the end the following new ‘‘(e) ATTORNEY’S FEES.—In a civil action is established under this section only if— subsection: under this section, the court may allow the ‘‘(A) a Federal department or agency, or ‘‘(b) Any person aggrieved by the failure of prevailing party (other than the United any person aggrieved, demonstrates that an an entity to comply with section 901 may States) reasonable attorney’s fees, including entity subject to this title has a policy or bring a civil action in any Federal or State litigation expenses, and costs.’’. practice with respect to the program or ac- court of competent jurisdiction to enforce (b) REPEAL OF CLARIFICATION REGARDING tivity that causes a disparate impact on the such person’s rights and may recover equi- DELEGATION OF STATE RESPONSIBILITY.—Sec- basis of race, color, or national origin; and table relief, reasonable attorney’s fees, and tion 576 of the Military and Overseas Voter ‘‘(B)(i) the entity fails to demonstrate that costs. The aggrieved person may also recover Empowerment Act (42 U.S.C. 1973ff–1 note) is the challenged policy or practice is related legal relief (including compensatory and, repealed. to, and necessary to achieve, the substantial from nongovernmental entities, punitive SEC. 1804. TREATMENT OF EARLY BALLOT RE- and legitimate nondiscriminatory goals of damages) in the case of noncompliance that QUESTS. the program or activity; or is intentional discrimination. ‘‘(c) Nothing in subsection (b) limits the (a) APPLICATION OF PROHIBITION OF RE- ‘‘(ii) the Federal department or agency, or authority of a Federal department or agency FUSAL OF APPLICATIONS ON GROUNDS OF the person aggrieved, demonstrates that a to enforce section 901.’’. EARLY SUBMISSION TO OVERSEAS VOTERS.— less discriminatory alternative policy or Section 104 of the Uniformed and Overseas practice exists, and the entity refuses to SA 3216. Mr. BROWN of Ohio (for Citizens Absentee Voting Act (42 U.S.C. adopt such alternative policy or practice. 1973ff–3) is amended— ‘‘(2) In this subsection, the term ‘dem- himself, Mr. REED, Mrs. MURRAY, Mr. (1) by inserting ‘‘or overseas voter’’ after onstrates’ means meets the burdens of pro- AKAKA, Ms. MIKULSKI, Mr. COONS, Mr. ‘‘submitted by an absent uniformed services duction and persuasion.’’. ROCKEFELLER, Mr. FRANKEN, Mr. voter’’; and (b) PRIVATE RIGHT OF ACTION AND AVAIL- WHITEHOUSE, Mr. SANDERS, Mr. LEAHY, (2) by inserting ‘‘or who do not reside out- ABLE RELIEF.—Section 602 of the Civil Rights Mr. PRYOR, and Ms. KLOBUCHAR) sub- side the United States’’ after ‘‘who are not Act of 1964 (42 U.S.C. 2000d–1) is amended— mitted an amendment intended to be members of the uniformed services’’. (1) by striking ‘‘Each’’ and inserting ‘‘(a) proposed by him to the bill S. 3254, to (b) USE OF SINGLE APPLICATION FOR SUBSE- Each’’; and authorize appropriations for fiscal year QUENT ELECTIONS.— (2) by adding at the end the following new (1) IN GENERAL.—Section 104 of the Uni- subsection: 2013 for military activities of the De- formed and Overseas Citizens Absentee Vot- ‘‘(b) Any person aggrieved by the failure of partment of Defense, for military con- ing Act (42 U.S.C. 1973ff–3) is amended— an entity to comply with section 601 may struction, and for defense activities of

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.064 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7234 CONGRESSIONAL RECORD — SENATE November 29, 2012 the Department of Energy, to prescribe section (f)(1), a mortgagee, trustee, or other amended by inserting after the item relating military personnel strengths for such creditor seeking to foreclose on real prop- to section 303 the following new item: erty secured by an obligation described in fiscal year, and for other purposes; ‘‘Sec. 303A. Mortgages and trust deeds of subsection (a) using any judicial or non- which was ordered to lie on the table; certain servicemembers, dis- judicial proceedings shall immediately stop abled veterans, and surviving as follows: any such proceeding until the end of the cov- spouses.’’. At the end of division A, add the following: ered period. TITLE XVIII—SERVICEMEMBERS CIVIL ‘‘(d) COVERED PERIOD.—For purposes of this (c) CONFORMING AMENDMENT.—Section RELIEF ACT section, a covered period— 107(d) of such Act (50 U.S.C. App. 517) is amended to read as follows: SEC. 1801. PROHIBITION ON DENIAL OF CREDIT ‘‘(1) with respect to a servicemember who BECAUSE OF ELIGIBILITY FOR PRO- is or was eligible for hostile fire or imminent ‘‘(d) COVERAGE PERIODS.—For purposes of TECTION. danger special pay under section 310 of title this section— Section 108 of the Servicemembers Civil 37, United States Code, during a period of ‘‘(1) in the case of a person to whom sec- Relief Act (50 U.S.C. App. 518) is amended— military service, is the period beginning on tion 106 applies— (1) by striking ‘‘Application by’’ and in- the first day on which the servicemember is ‘‘(A) such person shall be considered to be serting ‘‘(a) APPLICATION OR RECEIPT.—Appli- or was eligible for such special pay during a servicemember; and cation by’’; and such period of military service and ending on ‘‘(B) the period with respect to such a per- (2) by adding at the end the following new the date that is one year after the last day son specified in subsection (a) or (b), as the subsection: of such period of military service; case may be, of section 106 shall be consid- ‘‘(b) ELIGIBILITY.— ‘‘(2) with respect to a veteran described in ered to be a period of military service; and ‘‘(1) IN GENERAL.—In addition to the pro- subsection (b)(2), is the period beginning on ‘‘(2) in the case of a covered individual de- tections under subsection (a), an individual the date of the veteran’s retirement under scribed in subsection (b) of section 303A— who is entitled to any right or protection chapter 61 of title 10, United States Code, ‘‘(A) such individual shall be considered to provided under this Act may not be denied or and ending on the date that is one year after be a servicemember; and refused credit or be subject to any other ac- the date of such retirement; and ‘‘(B) the covered period with respect to tion described under paragraphs (1) through ‘‘(3) with respect to a surviving spouse of a such individual specified in section 303A(d) (6) of subsection (a) solely by reason of such servicemember as described in subsection shall be considered to be a period of military entitlement. (b)(3), is the one-year period beginning on service.’’. ‘‘(2) CONSTRUCTION.—Nothing in this sub- the date on which the spouse receives notice SEC. 1803. EXPANSION OF PROTECTION FOR TER- section shall be construed to prohibit a lend- of the death of the servicemember. MINATION OF RESIDENTIAL LEASES. er from considering all relevant factors, ‘‘(e) SALE OR FORECLOSURE.—A sale, fore- (1) IN GENERAL.—Section 305 of the other than the entitlement of an individual closure, or seizure of property for a breach of Servicemembers Civil Relief Act (50 U.S.C. to a right or protection provided under this an obligation described in subsection (a) App. 535) is amended— Act, in making a determination as to wheth- shall not be valid during a covered period ex- (A) in subsection (a)(1)— er it is appropriate to extend credit.’’. cept if made pursuant to an agreement as (i) in subparagraph (A), by striking ‘‘or’’ at SEC. 1802. MORTGAGE PROTECTION FOR CER- provided in section 107. the end; TAIN DEPLOYED MEMBERS OF ‘‘(f) NOTICE REQUIRED.— (ii) in subparagraph (B), by striking the pe- ARMED FORCES, DISABLED VET- ‘‘(1) IN GENERAL.—To be covered under this ERANS, AND SURVIVING SPOUSES. riod at the end and inserting ‘‘; or’’; and section, a covered individual shall provide to (iii) by adding at the end the following new (a) IN GENERAL.—Title III of the the mortgagee, trustee, or other creditor Servicemembers Civil Relief Act (50 U.S.C. subparagraph: written notice that such individual is so cov- App. 501 et seq.) is amended by inserting ‘‘(C) in the case of a lease described in sub- ered. after section 303 the following new section: section (b)(1) and subparagraph (C) of such ‘‘(2) TIME.—Notice provided under para- subsection, the date the lessee is assigned to ‘‘SEC. 303A. MORTGAGES AND TRUST DEEDS OF graph (1) shall be provided— CERTAIN SERVICEMEMBERS, DIS- or otherwise relocates to quarters or a hous- ABLED VETERANS, AND SURVIVING ‘‘(A) with respect to a servicemember who ing facility as described in such subpara- SPOUSES. is or was eligible for hostile fire or imminent graph.’’; and ‘‘(a) MORTGAGE AS SECURITY.—This section danger special pay described in subsection (B) in subsection (b)(1)— applies only to an obligation on real or per- (b)(1), anytime during the covered period de- (i) in subparagraph (A), by striking ‘‘or’’ at sonal property owned by a covered individual scribed in subsection (d)(1); the end; that— ‘‘(B) with respect to a veteran described in (ii) in subparagraph (B), by striking the pe- ‘‘(1) originated at any time and for which subsection (b)(2), anytime during the covered riod at the end and inserting ‘‘; or’’; and the covered individual is still obligated; and period described in subsection (d)(2); and (iii) by adding at the end the following new ‘‘(2) is secured by a mortgage, trust deed, ‘‘(C) with respect to a surviving spouse de- subparagraph: or other security in the nature of a mort- scribed in subsection (b)(3), anytime during ‘‘(C) the lease is executed by or on behalf of gage. the covered period described in subsection a servicemember who thereafter and during ‘‘(b) COVERED INDIVIDUALS.—For purposes (d)(3). the term of the lease is assigned to or other- of this section, a covered individual is any ‘‘(3) ADDRESS.—Notice provided under para- wise relocates to quarters of the United individual who— graph (1) shall be provided via e-mail, fac- States or a housing facility under the juris- ‘‘(1) is a servicemember who is or was eligi- simile, standard post, or express mail to fac- diction of a uniformed service (as defined in ble for hostile fire or imminent danger spe- simile numbers and addresses, as the case section 101 of title 10, United States Code), cial pay under section 310 of title 37, United may be, designated by the servicer of the including housing provided under the Mili- States Code, during a period of military serv- mortgage. tary Housing Privatization Initiative under ice; ‘‘(4) MANNER.—Notice provided under para- subchapter IV of chapter 169 of title 10, ‘‘(2) is a veteran who retired under chapter graph (1) shall be provided in writing by United States Code.’’. 61 of title 10, United States Code, and has a using a form designed under paragraph (5) or (2) MANNER OF TERMINATION.—Subsection service-connected disability or disabilities submitting a copy of a Department of De- (c)(1) of such section is amended— (as defined in section 101 of title 38, United fense or Department of Veterans Affairs doc- (A) in subparagraph (A)— States Code) rated by the Secretary of Vet- ument evidencing the hostile fire or immi- (i) by inserting ‘‘in the case of a lease de- erans Affairs as total for purposes of com- nent danger special pay, the service-related scribed in subsection (b)(1) and subparagraph pensation under chapter 11 of title 38, United total disability, or the military service-re- (A) or (B) of such subsection,’’ before ‘‘by de- States Code; or lated death of a spouse while in military livery’’; and ‘‘(3) is a surviving spouse of a servicemem- service. (ii) by striking ‘‘and’’ at the end; ber who died while in military service if such ‘‘(5) OFFICIAL FORMS.—The Secretary of De- (B) by redesignating subparagraph (B) as spouse is the successor in interest to prop- fense shall design and distribute an official subparagraph (C); and erty covered under subsection (a). Department of Defense form that can be used (C) by inserting after subparagraph (A) the ‘‘(c) STAY OF PROCEEDINGS.— by an individual to give notice under para- following new subparagraph (B): ‘‘(1) IN GENERAL.—In an action pending dur- graph (1). ‘‘(B) in the case of a lease described in sub- ing a covered period to enforce an obligation ‘‘(g) MISDEMEANOR.—A person who know- section (b)(1) and subparagraph (C) of such described in subsection (a), the court may ingly makes or causes to be made a sale, subsection, by delivery by the lessee of writ- after a hearing and on its own motion and foreclosure, or seizure of property that is ten notice of such termination, and a letter shall upon application by a covered indi- prohibited by subsection (e), or who know- from the servicemember’s commanding offi- vidual, including notice to the court in ac- ingly attempts to do so, shall be fined as pro- cer or other competent authority indicating cordance with paragraphs (2) and (4) of sub- vided in title 18, United States Code, or im- that the servicemember has been assigned to section (f), stay the proceedings until the prisoned for not more than one year, or or is otherwise relocating to quarters or end of the covered period. both.’’. housing described in such subparagraph, to ‘‘(2) OBLIGATION TO STOP PROCEEDINGS.— (b) CLERICAL AMENDMENT.—The table of the lessor (or the lessor’s grantee), or to the Upon receipt of notice provided under sub- contents in section 1(b) of such Act is lessor’s agent (or the agent’s grantee); and’’.

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.063 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7235 SEC. 1804. MODIFICATION OF PLAINTIFF AFFI- under this section, except that, for purposes ‘‘(i) if the Attorney General has made a de- DAVIT FILING REQUIREMENT FOR of applying such section 3733— cision to commence an action for relief DEFAULT JUDGMENTS AGAINST ‘‘(A) references to false claims law inves- under paragraph (1) relating to the com- SERVICEMEMBERS. tigators or investigations shall be considered plaint of the person, notice of the decision; Paragraph (1) of section 201(b) of the references to investigators or investigations and Servicemembers Civil Relief Act (50 U.S.C. under this Act; ‘‘(ii) if the Attorney General has not made App. 521(b)) is amended to read as follows: ‘‘(B) references to interrogatories shall be such a decision, notice of when the Attorney ‘‘(1) PLAINTIFF TO FILE AFFIDAVIT.— considered references to written questions, General expects to make such a decision. ‘‘(A) IN GENERAL.—In any action or pro- and answers to such need not be under oath; ‘‘(B) If the Attorney General notifies a per- ceeding covered by this section, the plaintiff, ‘‘(C) the definitions relating to ‘false son that the Attorney General expects to before seeking a default judgment, shall file claims law’ shall not apply; and make a decision under subparagraph (A)(ii), with the court an affidavit— ‘‘(D) provisions relating to qui tam rela- the Attorney General shall, not later than 30 ‘‘(i) stating whether or not the defendant is tors shall not apply. days after the date on which the Attorney in military service and showing necessary ‘‘(3) ANNUAL REPORT.— General makes such decision, notify, in writ- facts to support the affidavit; or ‘‘(A) IN GENERAL.—Not later than one year ing, the person of such decision.’’; ‘‘(ii) if the plaintiff is unable to determine after the date of the enactment of the Na- (3) by redesignating paragraph (3) as para- whether or not the defendant is in military tional Defense Authorization Act for Fiscal graph (4); service, stating that the plaintiff is unable Year 2013 and not less frequently than once (4) by inserting after paragraph (2) the fol- to determine whether or not the defendant is each year thereafter, the Attorney General lowing new paragraph (3): in military service. shall submit to the Committee on Veterans’ ‘‘(3) Whenever the Attorney General has UE DILIGENCE.—Before filing the affi- ‘‘(B) D Affairs of the Senate and the Committee on reasonable cause to believe that a State (as davit, the plaintiff shall conduct a diligent Veterans’ Affairs of the House of Representa- an employer) or a private employer is en- and reasonable investigation to determine tives a report on the issuance of civil inves- gaged in a pattern or practice of resistance whether or not the defendant is in military tigative demands under this subsection dur- to the full enjoyment of any of the rights service, including a search of available ing the previous one-year period. and benefits provided for under this chapter, records of the Department of Defense and ‘‘(B) ELEMENTS.—Each report submitted and that the pattern or practice is of such a any other information reasonably available under subparagraph (A) shall include the fol- nature and is intended to deny the full exer- to the plaintiff. The affidavit shall set forth lowing for the year covered by the report: cise of such rights and benefits, the Attorney all steps taken to determine the defendant’s ‘‘(i) The number of times that a civil inves- General may commence an action for relief military status.’’. tigative demand was issued under this sub- under this chapter.’’; and SEC. 1805. INCREASE IN CIVIL PENALTIES. section. (5) in paragraph (4), as redesignated by (a) IN GENERAL.—Section 801(b)(3) of the ‘‘(ii) For each civil investigative demand paragraph (3), by striking subparagraph (C) Servicemembers Civil Relief Act (50 U.S.C. issued under this subsection with respect to and inserting the following new subpara- App. 597(b)(3)) is amended— an investigation, whether such investigation graph (C): (1) in subparagraph (A), by striking resulted in a settlement or conviction.’’. ‘‘(C) has been notified by the Attorney ‘‘$55,000’’ and inserting ‘‘$110,000’’; and (b) EFFECTIVE DATE.—Subsection (d) of General that the Attorney General does not (2) in subparagraph (B), by striking such section, as added by subsection (a), intend to commence an action for relief ‘‘$110,000’’ and inserting ‘‘$220,000’’. shall take effect on the date of the enact- under paragraph (1) with respect to the com- (b) EFFECTIVE DATE.—The amendments ment of this Act and shall apply with respect plaint under such paragraph.’’. made by subsection (a) shall take effect on to violations of the Servicemembers Civil (b) STANDING.—Subsection (f) of such sec- the date that is 180 days after the date of the Relief Act (50 U.S.C. App. 501 et seq.) alleged tion is amended to read as follows: enactment of this Act and shall apply with to have occurred on or after such date. ‘‘(f) STANDING.—An action under this chap- respect to violations of the Servicemembers SEC. 1808. DEFINITION OF MILITARY ORDERS ter may be initiated only by the Attorney Civil Relief Act (50 U.S.C. App. 501 et seq.) AND CONTINENTAL UNITED STATES. General or by a person claiming rights or that occur on or after such date. (a) TRANSFER OF DEFINITION.—The benefits under this chapter under subsection SEC. 1806. CLARIFICATION REGARDING APPLICA- Servicemembers Civil Relief Act (50 U.S.C. (a).’’. TION OF ENFORCEMENT AUTHORITY App. 501 et seq.) is amended by transferring (c) CONFORMING AMENDMENT.—Subsection OF ATTORNEY GENERAL AND PRI- (h)(2) of such section is amended by striking VATE RIGHT OF ACTION. paragraphs (1) and (2) of section 305(i) (50 ‘‘under subsection (a)(2)’’ and inserting Sections 801 and 802 of the Servicemembers U.S.C. App. 535(i)) to the end of section 101 ‘‘under paragraph (1) or (4) of subsection Civil Relief Act (50 U.S.C. App. 597 and 597a) (50 U.S.C. App. 511) and redesignating those (a)’’. shall apply as if such sections were included paragraphs as paragraphs (10) and (11). in the enactment of the Soldiers’ and Sail- (b) CONFORMING AMENDMENTS.—Such Act is SEC. 1902. UNENFORCEABILITY OF AGREEMENTS ors’ Civil Relief Act of 1940 (54 Stat. 1178, further amended— TO ARBITRATE DISPUTES ARISING (1) in section 305 (50 U.S.C. App. 535), as UNDER CHAPTER 43 OF TITLE 38, chapter 888) and included in the restatement UNITED STATES CODE. of such Act in Public Law 108-189. amended by subsection (a), by striking subsection (i); and (a) IN GENERAL.—Subchapter III of chapter SEC. 1807. ISSUANCE AND SERVICE OF CIVIL IN- (2) in section 705 (50 U.S.C. App. 595) by 43 of title 38, United States Code, is amended VESTIGATIVE DEMANDS BY ATTOR- by adding at the end the following new sec- NEY GENERAL. striking ‘‘or naval’’ both places it appears. tion: (a) IN GENERAL.—Section 801 of the TITLE XIX—EMPLOYMENT AND REEM- Servicemembers Civil Relief Act (50 U.S.C. PLOYMENT RIGHTS OF MEMBERS OF ‘‘§ 4328. Unenforceability of agreements to ar- App. 597) is amended by adding at the end THE UNIFORMED SERVICES bitrate disputes the following: SEC. 1901. ENFORCEMENT OF RIGHTS OF MEM- ‘‘(a) PROTECTION OF EMPLOYEE RIGHTS.— ‘‘(d) ISSUANCE AND SERVICE OF CIVIL INVES- BERS OF UNIFORMED SERVICES Notwithstanding any other provision of law, TIGATIVE DEMANDS.— WITH RESPECT TO STATES AND PRI- any provision of any agreement between an ‘‘(1) IN GENERAL.—Whenever the Attorney VATE EMPLOYERS. employer and an employee that requires ar- General has reason to believe that any per- (a) ACTION FOR RELIEF.—Subsection (a) of bitration of a dispute arising under this son may be in possession, custody, or control section 4323 of title 38, United States Code, is chapter shall not be enforceable. of any documentary material relevant to an amended— ‘‘(b) EXCEPTION.—Subsection (a) shall not investigation under this Act, the Attorney (1) in paragraph (1)— apply with respect to any dispute if, after General may, before commencing a civil ac- (A) by striking ‘‘appear on behalf of, and such dispute arises, the parties involved tion under subsection (a), issue in writing act as attorney for, the person on whose be- knowingly and voluntarily agree to submit and serve upon such person, a civil investiga- half the complaint is submitted and’’; such dispute to arbitration. tive demand requiring— (B) by striking ‘‘for such person’’; ‘‘(c) VALIDITY AND ENFORCEMENT.—Any ‘‘(A) the production of such documentary (C) by striking the fourth sentence; and issue as to whether this section applies to an material for inspection and copying; (D) by adding at the end the following: arbitration clause shall be determined by ‘‘(B) that the custodian of such documen- ‘‘The person on whose behalf the complaint Federal law. Except as otherwise provided in tary material answer in writing written is referred may, upon timely application, in- chapter 1 of title 9, the validity or enforce- questions with respect to such documentary tervene in such action, and may obtain such ability of an agreement to arbitrate referred material; or appropriate relief as is provided in sub- to in subsection (a) or (b) shall be deter- ‘‘(C) the production of any combination of sections (d) and (e).’’; mined by a court, rather than the arbitrator, such documentary material or answers. (2) by striking paragraph (2) and inserting regardless of whether the party resisting ar- ‘‘(2) FALSE CLAIMS.—The provisions of sec- the following new paragraph (2): bitration challenges the agreement to arbi- tion 3733 of title 31, United States Code, gov- ‘‘(2)(A) Not later than 60 days after the trate specifically or in conjunction with erning the authority to issue, use, and en- date the Attorney General receives a referral other terms of the agreement. force civil investigative demands shall apply under paragraph (1), the Attorney General ‘‘(d) APPLICATION.—This section shall apply with respect to the authority to issue, use, shall transmit, in writing, to the person on with respect to all contracts and agreements and enforce civil investigative demands whose behalf the complaint is submitted— between an employer and an employee in

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.063 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7236 CONGRESSIONAL RECORD — SENATE November 29, 2012 force before, on, or after the date of the en- SEC. 1904. SUBPOENA POWER FOR SPECIAL under subparagraph (A) for the last quarter actment of this section.’’. COUNSEL IN ENFORCEMENT OF EM- of each fiscal year a report on the issuance of PLOYMENT AND REEMPLOYMENT (b) CLERICAL AMENDMENT.—The table of civil investigative demands under section RIGHTS OF MEMBERS OF UNI- 4323(i) of this title during the most recently sections at the beginning of such chapter is FORMED SERVICES WITH RESPECT amended by inserting after the item relating TO FEDERAL EXECUTIVE AGENCIES. completed fiscal year. to section 4327 the following new item: Section 4324 of title 38, United States Code, ‘‘(ii) ELEMENTS.—Each report submitted is amended by adding at the end the fol- under clause (i) shall include the following ‘‘4328. Unenforceability of agreements to ar- lowing new subsection: for the fiscal year covered by the report: bitrate disputes.’’. ‘‘(e)(1) In order to carry out the Special ‘‘(I) The number of times that a civil inves- (c) APPLICATION.—The provisions of section Counsel’s responsibilities under this section, tigative demand was issued under section 4328 of title 38, United States Code, as added the Special Counsel may require by subpoena 4323(i) of this title. by subsection (a), shall apply to— the attendance and testimony of Federal em- ‘‘(II) For each civil investigative demand (1) any failure to comply with a provision ployees and the production of documents issued under such section with respect to an of or any violation of chapter 43 of title 38, from Federal employees and Federal execu- investigation, whether such investigation re- United States Code, that occurs before, on, tive agencies. sulted in a settlement, order, or judgment.’’. or after the date of the enactment of this ‘‘(2) In the case of contumacy or failure to SEC. 1906. ADMINISTRATIVE AND JUDICIAL RE- Act; and obey a subpoena issued under paragraph (1), DRESS AND REMEDIES FOR PREF- (2) all actions or complaints filed under upon application by the Special Counsel, the ERENCE ELIGIBLES UNDER TITLE 5, such chapter 43 that are pending on or after Merit Systems Protection Board may issue UNITED STATES CODE. the date of the enactment of this Act. an order requiring a Federal employee or Section 3330a of title 5, United States Code, Federal executive agency to comply with a is amended by adding at the end the fol- SEC. 1903. SUSPENSION, TERMINATION, OR DE- subpoena of the Special Counsel. lowing: BARMENT OF CONTRACTORS FOR ‘‘(3) An order issued under paragraph (2) ‘‘(f) For purposes of this section and sec- REPEATED VIOLATIONS OF EMPLOY- may be enforced by the Merit Systems Pro- tions 3330b and 3330c, the Federal Aviation MENT OR REEMPLOYMENT RIGHTS tection Board in the same manner as any OF MEMBERS OF UNIFORMED SERV- Administration and the Transportation Se- ICES. order issued under section 1204 of title 5.’’. curity Administration are agencies. This sec- SEC. 1905. ISSUANCE AND SERVICE OF CIVIL IN- tion and sections 3330b and 3330c shall apply (a) IN GENERAL.—Subchapter III of chapter VESTIGATIVE DEMANDS BY ATTOR- to any individual who is a preference eligible 43 of title 38, United States Code, as amended NEY GENERAL. with respect to the Federal Aviation Admin- by section 1902, is further amended by adding (a) IN GENERAL.—Section 4323 of title 38, istration and the Transportation Security at the end the following new section: United States Code, is amended— Administration.’’. (1) by redesignating subsection (i) as sub- ‘‘§ 4329. Suspension, termination, or debar- section (j); and ment of contractors (2) by inserting after subsection (h) the fol- SA 3217. Ms. MIKULSKI (for herself, Mr. CARDIN, and Mr. KIRK) submitted ‘‘(a) GROUNDS FOR SUSPENSION, TERMI- lowing new subsection (i): NATION, OR DEBARMENT.—Payment under a ‘‘(i) ISSUANCE AND SERVICE OF CIVIL INVES- an amendment intended to be proposed contract awarded by a Federal executive TIGATIVE DEMANDS.—(1) Whenever the Attor- by her to the bill S. 3254, to authorize agency may be suspended and the contract ney General has reason to believe that any appropriations for fiscal year 2013 for may be terminated, and the contractor who person may be in possession, custody, or con- military activities of the Department trol of any documentary material relevant made the contract with the agency may be of Defense, for military construction, suspended or debarred in accordance with to an investigation under this subchapter, the Attorney General may, before com- and for defense activities of the De- the requirements of this section, if the head partment of Energy, to prescribe mili- of the agency determines that the contractor mencing a civil action under subsection (a), as an employer has repeatedly been con- issue in writing and serve upon such person, tary personnel strengths for such fiscal victed of failing or refusing to comply with a civil investigative demand requiring— year, and for other purposes; which was one or more provisions of this chapter. ‘‘(A) the production of such documentary ordered to lie on the table; as follows: material for inspection and copying; At the end of subtitle E of title X, add the ‘‘(b) EFFECT OF DEBARMENT.—A contractor ‘‘(B) that the custodian of such documen- following: debarred by a final decision under this sec- tary material answer in writing written tion is ineligible for award of a contract by questions with respect to such documentary SEC. 1048. PROHIBITION ON RELOCATION OF a Federal executive agency, and for partici- material; or ELECTRONIC ATTACK CAPABILITIES pation in a future procurement by a Federal ‘‘(C) the production of any combination of FROM JOINT BASE ANDREWS, MARY- LAND. executive agency, for a period specified in such documentary material or answers. the decision, not to exceed 5 years.’’. ‘‘(2) The provisions of section 3733 of title (a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or other- (b) CLERICAL AMENDMENT.—The table of 31 governing the authority to issue, use, and wise made available for fiscal year 2013 for sections at the beginning of chapter 43 of enforce civil investigative demands shall the Navy may be used to divest, retire, or such title, as amended by section 1902, is fur- apply with respect to the authority to issue, transfer, or prepare to divest, retire, or ther amended by inserting after the item reuse, and enforce civil investigative demands transfer, any electronic attack squadron as- lating to section 4328, as added by section under this section, except that, for purposes signed to the Navy Reserve. 1902, the following new item: of applying such section 3733— ‘‘(A) references to false claims law inves- (b) REPORT.—Not later than 180 days after ‘‘4329. Suspension, termination, or debar- tigators or investigations shall be considered the date of the enactment of this Act, the ment of contractor.’’. references to investigators or investigations Secretary of Defense shall submit to the con- (c) REGULATIONS.—Not later than 180 days under this subchapter; gressional defense committees a report on after the date of the enactment of this Act, ‘‘(B) references to interrogatories shall be the impacts of relocating Electronic Attack the Federal Acquisition Regulatory Council considered references to written questions, capabilities from Joint Base Andrews, Mary- shall amend the Federal Acquisition Regula- and answers to such need not be under oath; land, including a financial analysis of such a tion to carry out section 4329 of title 38, ‘‘(C) the definitions relating to ‘false relocation and an assessment of the security United States Code, as added by subsection claims law’ shall not apply; and impacts on the National Capital Region of (a). ‘‘(D) provisions relating to qui tam rela- such a relocation. tors shall not apply.’’. (d) EFFECTIVE DATE.—Section 4329 of title (b) EFFECTIVE DATE.—Subsection (i) of Ms. SNOWE (for herself, Ms. 38, United States Code, as added by sub- SA 3218. such section, as added by subsection (a)(2), section (a), shall apply with respect to fail- LANDRIEU, Mrs. GILLIBRAND, Ms. MI- shall take effect on the date of the enact- ures and refusals to comply with provisions KULSKI, and Mr. KIRK) submitted an ment of this Act and shall apply with respect of chapter 43 of such title occurring on or amendment intended to be proposed by to violations of chapter 43 of such title al- after the date of the enactment of this Act. leged to have occurred on or after such date. her to the bill S. 3254, to authorize ap- (e) ANNUAL REPORT.—Section 4332(a) of (c) ANNUAL REPORTS.—Section 4332(b)(2) of propriations for fiscal year 2013 for such title is amended— such title is amended— military activities of the Department (1) by redesignating paragraph (10) as para- (1) by striking ‘‘Not later than’’ and insert- of Defense, for military construction, graph (11); and ing the following: and for defense activities of the De- (2) by inserting after paragraph (9) the fol- ‘‘(A) IN GENERAL.—Not later than’’; and partment of Energy, to prescribe mili- lowing new paragraph (10): (2) by adding at the end the following new tary personnel strengths for such fiscal ‘‘(10) The number of suspensions, termi- subparagraph: year, and for other purposes; which was nations, and debarments under section 4329 ‘‘(B) ANNUAL SUPPLEMENT ON CIVIL INVES- of this title, disaggregated by the agency or TIGATIVE DEMANDS.— ordered to lie on the table; as follows: department imposing the suspension or de- ‘‘(i) IN GENERAL.—The Attorney General At the end of subtitle C of title VIII, add barment.’’. shall include with each report submitted the following:

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.063 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7237 SEC. 847. CONTRACTING WITH SMALL BUSINESS (commonly known as the ‘‘Paris Peace Ac- stan in rehabilitation from wounds, both CONCERNS OWNED AND CON- cords’’) was signed, which required the re- seen and unseen, and to support the re- TROLLED BY WOMEN. lease of all United States prisoners-of-war integration of younger veterans into civilian (a) PROCUREMENT PROGRAM FOR WOMEN- held in North Vietnam and the withdrawal of life.’’. OWNED SMALL BUSINESS CONCERNS.—Section all United States Armed Forces from South (c) CONFORMING AMENDMENT.—The table of 8(m)(2) of the Small Business Act (15 U.S.C. Vietnam; sections for chapter 1 of title 36, United 637(m)(2)) is amended— (8) on March 29, 1973, the United States States Code, is amended by adding at the end (1) in subparagraph (A), by striking ‘‘who Armed Forces completed the withdrawal of the following: are economically disadvantaged’’; combat units and combat support units from ‘‘145. Vietnam Veterans Day.’’. (2) in subparagraph (C), by striking ‘‘para- South Vietnam; graph (3)’’ and inserting ‘‘paragraph (4)’’; (9) on April 30, 1975, North Vietnamese reg- SA 3220. Mr. WICKER (for himself, (3) by striking subparagraph (D); and ular forces captured Saigon, the capitol of Mr. LIEBERMAN, and Mr. NELSON of (4) by redesignating subparagraphs (E) and South Vietnam, effectively placing South (F) as subparagraphs (D) and (E), respec- Florida) submitted an amendment in- Vietnam under Communist control; tively. tended to be proposed by him to the (b) STUDY AND REPORT ON REPRESENTATION (10) more than 58,000 members of the bill S. 3254, to authorize appropriations United States Armed Forces lost their lives OF WOMEN.—Section 29 of the Small Business for fiscal year 2013 for military activi- Act (15 U.S.C. 656) is amended by adding at in Vietnam and more than 300,000 members of the Armed Forces were wounded; ties of the Department of Defense, for the end the following: military construction, and for defense ‘‘(o) STUDY AND REPORT ON REPRESENTA- (11) in 1982, the Vietnam Veterans Memo- TION OF WOMEN.— rial was dedicated in the District of Colum- activities of the Department of Energy, ‘‘(1) STUDY.—The Administrator shall peri- bia to commemorate those members of the to prescribe military personnel odically conduct a study to identify indus- United States Armed Forces who died or strengths for such fiscal year, and for tries, as defined under the North American were declared missing-in-action in Vietnam; other purposes; which was ordered to Industry Classification System, underrep- (12) the Vietnam War was an extremely di- lie on the table; as follows: visive issue among the people of the United resented by small business concerns owned At the end of subtitle D of title XII, add States and a conflict that caused a genera- and controlled by women. the following: EPORT tion of veterans to wait too long for the ‘‘(2) R .—Not later than 5 years after SEC. 1246. SENSE OF CONGRESS ON THE ISRAELI the date of enactment of this subsection, and United States public to acknowledge and IRON DOME DEFENSIVE WEAPON every 5 years thereafter, the Administrator honor the efforts and services of such vet- SYSTEM. shall submit to the Committee on Small erans; (a) FINDINGS.—Congress makes the fol- Business and Entrepreneurship of the Senate (13) members of the United States Armed lowing findings: and the Committee on Small Business of the Forces who served bravely and faithfully for (1) The citizens of Israel have suffered House of Representatives a report on the re- the United States during the Vietnam War under a continual barrage of missiles, rock- sults of each study under paragraph (1) con- were often wrongly criticized for the policy ets, and mortar shells from the Hamas-conducted during the 5-year period ending on decisions made by 4 presidential administra- trolled Gaza Strip. the date of the report.’’. tions in the United States; (2) Hamas has been designated by the Sec- (14) the establishment of a ‘‘Vietnam Vet- retary of State as a Foreign Terrorist Orga- SA 3219. Mr. BURR (for himself and erans Day’’ would be an appropriate way to nization. Mrs. BOXER) submitted an amendment honor those members of the United States (3) Hamas and other terrorist groups in intended to be proposed by him to the Armed Forces who served in South Vietnam Gaza have routinely used human shields and bill S. 3254, to authorize appropriations and throughout Southeast Asia during the launched rockets from civilian areas. for fiscal year 2013 for military activi- Vietnam War; (4) Israel has gone to extraordinary lengths ties of the Department of Defense, for (15) March 29 would be an appropriate day to avoid Palestinian civilian casualties, in- to establish as ‘‘Vietnam Veterans Day’’; and military construction, and for defense cluding aborting attacks on military targets (16) President Obama designated March 29, because of the presence of civilians, alerting activities of the Department of Energy, 2012, as Vietnam Veterans Day under Presi- to prescribe military personnel civilians to leave areas of potential conflict, dential Proclamation 8789 (77 Fed. Reg. and allowing the importation of medical and strengths for such fiscal year, and for 20275). other supplies into Gaza. other purposes; which was ordered to (b) VIETNAM VETERANS DAY.—Chapter 1 of (5) Israel faces additional rocket and mis- lie on the table; as follows: title 36, United States Code, is amended by sile threats from Lebanon and Syria. On page l, between lines l and l, insert adding at the end the following: (6) The Government of Iran has supplied the following: ‘‘§ 145. Vietnam Veterans Day Hamas with advanced longer range missiles SEC. lllll. VIETNAM VETERANS DAY. ‘‘The President may issue each year a such as the Fajar–5. (a) FINDINGS.—Congress finds that— proclamation— (7) Hamas has deployed these weapons to (1) the Vietnam War was fought in the Re- ‘‘(1) designating March 29 as Vietnam Vet- be fired from within their own civilian popu- public of South Vietnam from 1961 to 1975, erans Day; lation. and involved North Vietnamese regular ‘‘(2) honoring and recognizing the contribu- (8) The Government of Israel, taking seri- forces and Viet Cong guerrilla forces in tions of veterans who served in the United ously the threat of short range rockets and armed conflict with United States Armed States Armed Forces in Vietnam during war mortars, designed, developed, and produced Forces, allies of the United States, and the and during peace; the Iron Dome system to address those armed forces of the Republic of Vietnam; ‘‘(3) encouraging States and local govern- threats. (2) the United States Armed Forces became ments to establish a Vietnam Veterans Day; (9) The Iron Dome system has successfully involved in Vietnam because the United and intercepted hundreds of rockets targeting States Government wanted to provide direct ‘‘(4) encouraging the people of the United population centers in Israel. military support to the Government of States to observe Vietnam Veterans Day (10) The Iron Dome system has maintained South Vietnam to defend itself against the with appropriate ceremonies and activities a success rate of close to 90 percent. growing Communist threat from North Viet- that— (11) The Government of Israel currently nam; ‘‘(A) provide the appreciation veterans of maintains 5 Iron Dome batteries, a number (3) members of the United States Armed the Vietnam War deserve, but did not receive insufficient to protect all of Israel. Forces began serving in an advisory role to upon returning home from the war; (12) It appears that approximately 10 addi- the Government of the Republic of South ‘‘(B) demonstrate the resolve that never tional Iron Dome batteries are needed to pro- Vietnam in 1950; again shall the people of the United States tect all of Israel. (4) as a result of the Gulf of Tonkin inci- disregard and denigrate a generation of vet- (13) The United States Government, recog- dents on August 2 and 4, 1964, Congress over- erans; nizing the threat to Israeli citizens and de- whelmingly passed the Gulf of Tonkin Reso- ‘‘(C) promote awareness of the faithful sirous of promoting peace, approved funding lution (Public Law 88–408), on August 7, 1964, service and contributions of the veterans of to assist the Government of Israel in pro- which provided the authority to the Presi- the Vietnam War during military service as curing Iron Dome batteries. dent of the United States to prosecute the well as to the communities of the veterans (14) Israel maintains a significant inven- war against North Vietnam; since returning home; tory of Iron Dome interceptors which has (5) in 1965, United States Armed Forces ‘‘(D) promote awareness of the importance been reduced due to attacks from Gaza. ground combat units arrived in Vietnam; of entire communities empowering veterans (15) Israel used a significant number of pre- (6) by September 1965, there were over and the families of veterans in helping the cision-guided munitions in order to destroy 129,000 United States troops in Vietnam, and veterans readjust to civilian life after mili- military targets while minimizing civilian by 1969, a peak of approximately 543,000 tary service; and casualties in its recent defensive effort in troops was reached; ‘‘(E) promote opportunities for veterans of Gaza. (7) on January 27, 1973, the Agreement End- the Vietnam War to assist younger veterans (16) President Barack Obama has expressed ing the War and Restoring Peace in Vietnam returning from the wars in Iraq and Afghani- his intention to seek additional funding for

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.073 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7238 CONGRESSIONAL RECORD — SENATE November 29, 2012 Iron Dome and other United States-Israel tices, including resume writing, interviewing the status of the United States Cyber Com- missile defense systems. and job searching skills, and the provision of mand has Department-wide and national se- (b) SENSE OF CONGRESS.—Congress— information about post-secondary education. curity implications, which require careful (1) reaffirms its commitment to the secu- (f) ANNUAL REPORT.—Not later than March consideration; rity of our ally and strategic partner, Israel; 1 of any year during which the Secretary (3) expects to be briefed and consulted (2) fully supports Israel’s right to defend provides training under subsection (a), the about any proposal to elevate the United itself against acts of terrorism; Secretary shall submit to Congress a report States Cyber Command to a unified com- (3) sympathizes with the families of on the provision of such training. mand before a decision by the Secretary Israelis who have come under the indiscrimi- (g) COMPTROLLER GENERAL REPORT.—Not make such a proposal to the President and to nate rocket fire from Hamas-controlled later than 180 days after the termination of receive, at a minimum— Gaza; the three-year period described in subsection (A) a clear statement of mission and re- (4) recognizes the exceptional success of (a), the Comptroller General of the United lated legal definitions; the Iron Dome Missile Defense system in de- States shall submit to Congress a report on (B) an outline of the specific national secu- fending the population of Israel; the training provided under such subsection. rity benefits of elevating the sub-unified (5) desires to help ensure that Israel has The report shall include the evaluation of United States Cyber Command to a unified the means to defend itself against terrorist the Comptroller General regarding the feasi- command; attacks, including through the acquisition of bility of carrying out off-base transition (C) an estimate of the cost of creating a additional Iron Dome batteries and intercep- training at locations nationwide. unified United States Cyber Command and a tors; and justification of the expenditure; and (6) urges the Departments of Defense and SA 3222. Mr. JOHANNS submitted an (D) if the Secretary considers it advisable State to explore with their Israeli counter- amendment intended to be proposed by to continue the designation of the Com- parts and alert Congress of any needs the him to the bill S. 3254, to authorize ap- mander of the United States Cyber Command Israeli Defense Force may have for addi- propriations for fiscal year 2013 for as also being the Director of the National Se- tional Iron Dome batteries, interceptors, or military activities of the Department curity Agency— other equipment depleted during the current of Defense, for military construction, (i) an explanation of how a single indi- conflict. vidual could serve as a commander of a com- and for defense activities of the De- batant command that conducts overt, albeit SA 3221. Mr. BOOZMAN (for himself, partment of Energy, to prescribe mili- clandestine, cyber operations under title 10, Mr. RUBIO, Mr. PRYOR, Mrs. GILLI- tary personnel strengths for such fiscal United States Code, as well as the director of BRAND, Mr. BEGICH, and Mr. CASEY) year, and for other purposes; which was an intelligence agency that conducts covert submitted an amendment intended to ordered to lie on the table; as follows: cyber operations under the National Secu- be proposed by him to the bill S. 3254, At the end of subtitle C of title IX, add the rity Act of 1947 (50 U.S.C. 401 et seq.) in a to authorize appropriations for fiscal following: manner that affords deniability to the United States; and year 2013 for military activities of the SEC. 935. SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND. (ii) a statement of whether the Secretary Department of Defense, for military believes it is appropriate either to appoint a construction, and for defense activities (a) FINDINGS.—Congress makes the following findings: line officer as the Director of the National of the Department of Energy, to pre- (1) On June 23, 2009, the Secretary of De- Security Agency or to take the unprece- scribe military personnel strengths for fense directed the Commander of the United dented step of appointing an intelligence of- such fiscal year, and for other pur- States Strategic Command to establish the ficer as a unified commander; and poses; which was ordered to lie on the United States Cyber Command, which be- (4) believes that appropriate policy founda- table; as follows: came operational on May 21, 2010, and oper- tions and standing rules of engagement must ates as a sub-unified command subordinate be in place before any decision to create a At the end of subtitle H of title X, add the unified United States Cyber Command. following: to the United States Strategic Command. (2) In May 2012, media reports indicated SEC. 1084. OFF-BASE TRANSITION TRAINING FOR SA 3223. Mr. DURBIN (for himself, VETERANS AND SPOUSES OF VET- that General Martin Dempsey, the Chairman ERANS. of the Joint Chiefs of Staff, planned to rec- Mr. ENZI, Mr. ALEXANDER, Mr. WHITE- (a) PROVISION OF OFF-BASE TRANSITION ommend to Secretary of Defense Leon Pa- HOUSE, Mr. JOHNSON of South Dakota, TRAINING.—During the three-year period be- netta that the two-year-old United States Mr. PRYOR, Mr. BOOZMAN, Mr. BLUNT, ginning on the date of the enactment of this Cyber Command be elevated to full combat- Mr. AKAKA, Mr. CARDIN, Mr. REED, Mr. Act, the Secretary of Labor shall provide the ant command status. ROCKEFELLER, Ms. LANDRIEU, and Ms. (3) On August 14, 2012, General Keith Alex- Transition Assistance Program under sec- KLOBUCHAR) submitted an amendment tion 1144 of title 10, United States Code, to ander, the Commander of the United States Cyber Command and the Director of the Na- intended to be proposed by him to the eligible individuals at locations other than bill S. 3254, to authorize appropriations military installations in not less than three tional Security Agency, addressed the and not more than five States selected by TechNet Land Forces conference and stated for fiscal year 2013 for military activi- the Secretary. that ‘‘[i]n 2007 we drafted . . . a paper . . . ties of the Department of Defense, for (b) SELECTION OF LOCATIONS.—In selecting about establishing a Cyber Command . . . military construction, and for defense States in which to carry out the training [which concluded that] . . . the most logical activities of the Department of Energy, under subsection (a), the Secretary shall se- is to set it up as a sub unified and grow it to to prescribe military personnel lect the States with the highest rates of vet- a unified, and I think that’s the process that strengths for such fiscal year, and for we’re going to work our way through’’. eran unemployment. The Secretary shall other purposes; which was ordered to provide such training to veterans at a suffi- (4) On October 11, 2012, Secretary of De- cient number of locations within the se- fense Leon Panetta discussed cybersecurity lie on the table; as follows: lected States to meet the need. The Sec- in a speech to the Business Executives for At the end of title X, add the following: retary shall select such locations to facili- National Security in New York, New York, Subtitle ll —Marketplace Fairness specifically calling for a strengthening of the tate access by participants and may not se- SEC. ll1. SHORT TITLE. lect any location on a military installation United States Cyber Command and stating that the Department of Defense ‘‘must en- This subtitle may be cited as the ‘‘Market- other than a National Guard or reserve facil- place Fairness Act’’. ity that is not located on an active duty sure that [the United States Cyber Com- military installation. mand] has the resources, that it has the au- SEC. ll2. SENSE OF CONGRESS. (c) ELIGIBLE INDIVIDUALS.—For purposes of thorities, that it has the capabilities re- It is the sense of Congress that— this section, an eligible individual is a vet- quired to perform this growing mission. And (1) States should have the ability to en- eran or the spouse of a veteran. it must also be able to react quickly to force their existing sales and use tax laws (d) INCLUSION OF INFORMATION ABOUT VET- events unfolding in cyberspace and help fully and to treat similar sales transactions equal- ERANS BENEFITS.—The Secretary shall ensure integrate cyber into all of the department’s ly, without regard to the manner in which that the training provided under subsection plans and activities.’’. the sale is transacted, (a) generally follows the content of the Tran- (b) SENSE OF CONGRESS.—Congress— (2) States should have the right to col- sition Assistance Program under section 1144 (1) recognizes the serious cyber threat to lect—or decide not to collect—taxes that are of title 10, United States Code. national security and the need to work both already owed under State law, and (e) INTEGRATING SUBJECT MATTER EX- offensively and defensively to protect the (3) States should simplify their sales and PERTS.—The Secretary of Labor shall include Nation’s networks and critical infrastruc- use tax systems to ease burdens on remote in any contract entered into pursuant to sec- ture; sellers. tion 1144 of title 10, United States Code, or (2) acknowledges the importance of the SEC. ll3. AUTHORIZATION TO REQUIRE COL- section 4113 of title 38, United States Code, a unified command structure of the Depart- LECTION OF SALES AND USE TAXES. requirement to include experts in subject ment in directing military operations in (a) STREAMLINED SALES AND USE TAX matters relating to human resources prac- cyberspace and recognizes that a change in AGREEMENT.—Each Member State under the

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Streamlined Sales and Use Tax Agreement is (2) TREATMENT OF LOCAL RATE CHANGES.— certified by a State who has the rights and authorized to require all sellers not quali- For purposes of this subsection, local rate responsibilities for sales and use tax admin- fying for a small seller exception to collect changes may only be effective on the first istration, collection, remittance, and audits and remit sales and use taxes with respect to day of a calendar quarter. Failure to provide for transactions serviced or processed for the remote sales sourced to that Member State notice under paragraph (1)(H) shall require sale of goods or services made by remote pursuant to the provisions of the Stream- the State and locality to hold the remote sellers on an aggregated basis. lined Sales and Use Tax Agreement. Such au- seller or single or consolidated provider (2) LOCALITY; LOCAL.—The terms ‘‘locality’’ thority shall commence beginning on the harmless for collecting tax at the imme- and ‘‘local’’ refer to any political subdivision date that the State publishes notice of the diately preceding effective rate during the of a State. State’s intent to exercise the authority 30-day period. Each State must provide up- (3) MEMBER STATE.—The term ‘‘Member under this subtitle, but no earlier than the dated rate information as part of the soft- State’’— first day of the calendar quarter that is at ware and services required by paragraph (A) means a Member State as that term is least 90 days after the date of the enactment (1)(D). used under the Streamlined Sales and Use of this Act. (c) SMALL SELLER EXCEPTION.—A State Tax Agreement as in effect on the date of the (b) ALTERNATIVE.— shall be authorized to require a remote sell- enactment of this Act, and (1) IN GENERAL.—A State that is not a er, or a single or consolidated provider act- (B) does not include any associate member Member State under the Streamlined Sales ing on behalf of a remote seller, to collect under the Streamlined Sales and Use Tax and Use Tax Agreement is authorized to re- sales or use tax under this subtitle if the re- Agreement. quire all sellers not qualifying for the small mote seller has gross annual receipts in total (4) PERSON.—The term ‘‘person’’ means an seller exception to collect and remit sales remote sales in the United States in the pre- individual, trust, estate, fiduciary, partner- and use taxes with respect to remote sales ceding calendar year exceeding $500,000. For ship, corporation, limited liability company, sourced to that State, but only if the State purposes of determining whether the thresh- or other legal entity, and a State or local adopts and implements minimum simplifica- old in this subsection is met, the sales of all government. tion requirements. Such authority shall persons related within the meaning of sub- (5) REMOTE SALE.—The term ‘‘remote sale’’ commence beginning no earlier than the sections (b) and (c) of section 267 or section means a sale of goods or services attributed first day of the calendar quarter that is at 707(b)(1) of the Internal Revenue Code of 1986 to a State with respect to which a seller does least 6 months after the date that the State shall be aggregated. not have adequate physical presence to es- enacts legislation to exercise the authority tablish nexus under Quill Corp. v. North Da- SEC. ll4. TERMINATION OF AUTHORITY. granted by this subtitle and to implement kota, 504 U.S. 298 (1992). The authority granted to a State by this each of the following minimum simplifica- (6) REMOTE SELLER.—The term ‘‘remote subtitle shall terminate on the date that the tion requirements: seller’’ means a person that makes remote highest court of competent jurisdiction (A) Provide— sales in a State. makes a final determination that the State (i) a single entity within the State respon- (7) SINGLE PROVIDER.—The term ‘‘single no longer meets the requirements of this sible for all State and local sales and use tax provider’’ means any person certified by a subtitle, and the determination of such court administration, including return processing State who has the rights and responsibilities is no longer subject to appeal. and audits for remote sales sourced to the for sales and use tax administration, collec- State, SEC. ll5. LIMITATIONS. tion, remittance, and audits for transactions (ii) a single audit of remote sellers for all (a) IN GENERAL.—Nothing in this subtitle serviced or processed for the sale of goods or State and local taxing jurisdictions within shall be construed as— services made by remote sellers. that State, and (1) subjecting a seller or any other person (8) SOURCED.—For purposes of a State (iii) a single sales and use tax return to be to franchise, income, or any other type of granted authority under section ll3(b), the used by remote sellers and single and con- taxes, other than sales and use taxes, location to which a remote sale is sourced solidated providers and to be filed with the (2) affecting the application of such taxes, refers to the location where the item sold is single entity within the State. or received by the purchaser, based on the loca- (B) Provide a uniform sales and use tax (3) enlarging or reducing State authority tion indicated by instructions for delivery base among the State and the local taxing to impose such taxes. that the purchaser furnishes to the seller. jurisdictions within the State. (b) NO EFFECT ON NEXUS.—No obligation When no delivery location is specified, the (C) Source all interstate sales in compli- imposed by virtue of the authority granted remote sale is sourced to the customer’s ad- ance with the sourcing regime set forth in by this subtitle shall be considered in deter- dress that is either known to the seller or, if section ll6(8). mining whether a seller or any other person not known, obtained by the seller during the (D) Provide— has a nexus with any State for any purpose consummation of the transaction, including (i) adequate software and services to re- other than sales and use taxes. the address of the customer’s payment in- mote sellers and single and consolidated pro- (c) LICENSING AND REGULATORY REQUIRE- strument if no other address is available. If viders that identifies the applicable destina- MENTS.—Other than the limitation set forth an address is unknown and a billing address tion rate, including the State and local sales in subsection (a), and section ll3, nothing cannot be obtained, the remote sale is tax rate (if any), to be applied on sales in this subtitle shall be construed as permit- sourced to the address of the seller from sourced to the State, and ting or prohibiting a State from— which the remote sale was made. A State (ii) certification procedures for both single (1) licensing or regulating any person, granted authority under section ll3(a) providers and consolidated providers to (2) requiring any person to qualify to shall comply with the sourcing provisions of make software and services available to re- transact intrastate business, the Streamlined Sales and Use Tax Agree- mote sellers, and hold such providers harm- (3) subjecting any person to State taxes ment. less for any errors or omissions as a result of not related to the sale of goods or services, (9) STATE.—The term ‘‘State’’ means each relying on information provided by the or of the several States, the District of Colum- State. (4) exercising authority over matters of bia, the Commonwealth of Puerto Rico, (E) Relieve remote sellers from liability to interstate commerce. Guam, American Samoa, the United States the State or locality for the incorrect collec- (d) NO NEW TAXES.—Nothing in this sub- Virgin Islands, the Commonwealth of the tion or remittance of sales or use tax, includ- title shall be construed as encouraging a Northern Mariana Islands, and any other tering any penalties or interest, if the liability State to impose sales and use taxes on any ritory or possession of the United States. is the result of an error or omission made by goods or services not subject to taxation (10) STREAMLINED SALES AND USE TAX a single or consolidated provider. prior to the date of the enactment of this AGREEMENT.—The term ‘‘Streamlined Sales (F) Relieve single and consolidated pro- Act. and Use Tax Agreement’’ means the multi- viders from liability to the State or locality (e) NO EFFECT ON MOBILE TELECOMMUNI- State agreement with that title adopted on for the incorrect collection or remittance of CATIONS SOURCING ACT.—Nothing in this sub- November 12, 2002, as in effect on the date of sales or use tax, including any penalties or title shall be construed as altering in any the enactment of this Act and as further interest, if the liability is the result of mis- manner or preempting the Mobile Tele- amended from time to time. leading or inaccurate information provided communications Sourcing Act (4 U.S.C. 116- SEC. ll7. SEVERABILITY. by a seller. 126). If any provision of this subtitle or the ap- (G) Relieve remote sellers and single and (f) INTRASTATE SALES.—The provisions of plication of such provision to any person or consolidated providers from liability to the this subtitle shall only apply to remote sales circumstance is held to be unconstitutional, State or locality for the incorrect collection and shall not apply to intrastate sales or the remainder of this subtitle and the appli- or remittance of sales or use tax, including intrastate sourcing rules. States granted au- cation of the provisions of such to any per- any penalties or interest, if the liability is thority under section 3(a) shall comply with son or circumstance shall not be affected the result of information provided by the the intrastate provisions of the Streamlined thereby. State or locality. Sales and Use Tax Agreement. (H) Provide remote sellers and single and SEC. ll6. DEFINITIONS AND SPECIAL RULES. SA 3224. Mr. WYDEN submitted an consolidated providers with 30 days notice of In this subtitle: amendment intended to be proposed by a rate change by the State or any locality in (1) CONSOLIDATED PROVIDER.—The term him to the bill S. 3254, to authorize ap- the State. ‘‘consolidated provider’’ means any person propriations for fiscal year 2013 for

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.069 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7240 CONGRESSIONAL RECORD — SENATE November 29, 2012 military activities of the Department serve, other than an assignment to a Reserve (D) compromises to the airway; and of Defense, for military construction, Officers Training Corps unit.’’. (E) other injuries. and for defense activities of the De- (b) CLERICAL AMENDMENT.—The table of (2) The term ‘‘human-based training meth- sections at the beginning of subchapter II of ods’’ means, with respect to training individ- partment of Energy, to prescribe mili- chapter 36 of such title is amended by insert- uals in medical treatment, the use of sys- tary personnel strengths for such fiscal ing after the item relating to section 619a tems and devices that do not use animals, in- year, and for other purposes; which was the following new item: cluding— ordered to lie on the table; as follows: ‘‘619b. Eligibility for consideration for pro- (A) simulators; At the end of subtitle A of title V, add the motion: Guard or Reserve duty (B) partial task trainers; following: required before promotion of Mr. BENNET submitted an SEC. 505. CERTAIN DUTY REQUIRED AS CONDI- Army and Air Force officers to SA 3226. TION OF PROMOTION OF ARMY AND brigadier general; active duty amendment intended to be proposed by AIR FORCE OFFICERS TO BRIGA- required before promotion of him to the bill S. 3254, to authorize ap- DIER GENERAL. Reserve Army and Air Force of- propriations for fiscal year 2013 for (a) IN GENERAL.—Chapter 36 of title 10, is ficers to brigadier general.’’. military activities of the Department amended by inserting after section 619a the of Defense, for military construction, following new section: SA 3225. Mr. WYDEN submitted an and for defense activities of the De- ‘‘§ 619b. Eligibility for consideration for pro- amendment intended to be proposed by partment of Energy, to prescribe mili- motion: Guard or Reserve duty required him to the bill S. 3254, to authorize ap- tary personnel strengths for such fiscal before promotion of Army and Air Force of- propriations for fiscal year 2013 for year, and for other purposes; which was ficers to brigadier general; active duty re- military activities of the Department ordered to lie on the table; as follows: quired before promotion of Reserve Army of Defense, for military construction, and Air Force officers to brigadier general At the end of subtitle F of title V of divi- and for defense activities of the De- sion A, add the following: ‘‘(a) GUARD OR RESERVE DUTY REQUIRED partment of Energy, to prescribe mili- SEC. 561. TROOPS-TO-TEACHERS PROGRAM EN- FOR OFFICERS ON ACTIVE-DUTY LIST.—After HANCEMENTS. the end of the one-year period beginning on tary personnel strengths for such fiscal (a) TRANSFER OF FUNCTIONS.— the date of the enactment of the National year, and for other purposes; which was ordered to lie on the table; as follows: (1) TRANSFER.—The responsibility and au- Defense Authorization Act for Fiscal Year thority for operation and administration of 2013, an officer on the active-duty list of the At the end of subtitle F of title V, add the the Troops-to-Teachers Program under chap- Army or Air Force may not be appointed to following: ter A of subpart 1 of part C of title II of the the grade of brigadier general unless the offi- SEC. 561. REPORT ON STRATEGY TO TRANSITION Elementary and Secondary Education Act of cer has completed a tour of duty of at least TO USE OF HUMAN-BASED METHODS 1965 (20 U.S.C. 6671 et seq.) is transferred one year in a Guard or Reserve duty assign- FOR CERTAIN MEDICAL TRAINING. from the Secretary of Education to the Sec- ment. (a) REPORT.— retary of Defense. ‘‘(b) ACTIVE DUTY REQUIRED FOR RESERVE (1) IN GENERAL.—Not later than March 1, (2) MEMORANDUM OF AGREEMENT.—In con- OFFICERS.—After the end of the one-year pe- 2013, the Secretary of Defense shall submit nection with the transfer of responsibility riod beginning on the date of the enactment to the congressional defense committees a and authority for operation and administra- of the date of the enactment of the National report that outlines a strategy to refine and, tion of the Troops-to-Teachers Program from Defense Authorization Act for Fiscal Year when appropriate, transition to using the Secretary of Education to the Secretary 2013, a Reserve officer of the Army or Air human-based training methods for the pur- of Defense under paragraph (1), the Secre- Force may not be appointed to the grade of pose of training members of the Armed taries shall enter into a memorandum of brigadier general unless the officer has com- Forces in the treatment of combat trauma agreement pursuant to which the Secretary pleted an aggregate of at least one year on injuries by October 1, 2017. of Education will undertake the following: active duty in the armed forces (other than (2) ELEMENTS.—The report under paragraph (A) Disseminate information about the for training). (1) shall include the following: Troops-to-Teachers Program to eligible ‘‘(c) EXCEPTIONS.—Subject to subsection (A) Required research, development, test- schools (as defined in section 2301(3) of the (d), the Secretary of Defense may waive sub- ing, and evaluation investments to validate Elementary and Secondary Education Act of section (a) or (b) in the following cir- human-based training methods to refine, re- 1965 (20 U.S.C. 6671(3)), as added by subsection cumstances: duce, and, when appropriate, transition from (b)(2)). ‘‘(1) When necessary for the good of the the use of live animals in medical education (B) Advise the Department of Defense on service. and training by October 1, 2015. how to prepare eligible members of the ‘‘(2) In the case of— (B) Phased sustainment and readiness Armed Forces described in section 2303(a) of ‘‘(A) a medical officer, dental officer, vet- costs to refine, reduce, and, when appro- such Act to become participants in the Pro- erinary officer, medical service officer, priate, replace the use of live animals in gram to meet the requirements necessary to nurse, or biomedical science officer; medical education and training by October 1, become a teacher in an eligible school. ‘‘(B) a chaplain; or 2017. (C) Advise the Department of Defense on ‘‘(C) a judge advocate. (C) Any risks associated with transitioning how to identify teacher preparation pro- ‘‘(3) With respect to subsection (a), in the to human-based training methods, including grams for participants in the Program. case of an officer whose proposed selection resource availability, anticipated techno- (D) Inform the Department of Defense of for promotion is based primarily upon sci- logical development timelines, and potential academic subject areas with critical teacher entific and technical qualifications for which impact on the present combat trauma train- shortages. Guard or Reserve requirements do not exist. ing curricula. (E) Identify geographic areas with critical ‘‘(4) With respect to subsection (a), in the (D) An assessment of the potential effect of teacher shortages, especially in high-need case of an officer selected by a promotion transitioning to human based-training meth- schools (as defined in section 2301(4) of such board for appointment to the grade of briga- ods on the quality of medical care delivered Act, as added by subsection (b)(2)). dier general while serving in a Guard or Re- on the battlefield including any reduction in (3) EFFECTIVE DATE.—The transfer of reserve duty assignment if at least 180 days of the competency of combat medical per- sponsibility and authority for operation and that assignment have been completed on the sonnel. administration of the Troops-to-Teachers date of the convening of that selection (E) An assessment of risks to maintaining Program under paragraph (1) shall take ef- board. the level of combat life-saver techniques perfect— ‘‘(d) REGULATIONS.—The Secretary of De- formed by all members of the Armed Forces. (A) on the first day of the first month be- fense shall prescribe regulations to carry out (b) UPDATED ANNUAL REPORTS.—Not later ginning more than 90 days after the date of this section. The regulations shall specifi- than March 1, 2014, and each year thereafter, the enactment of this Act; or cally identify for purposes of subsection the Secretary shall submit to the congres- (B) on such earlier date as the Secretary of (c)(3) those categories of officers for which sional defense committees a report on the Education and the Secretary of Defense may selection for promotion to brigadier general development and implementation of human- jointly provide. is based primarily upon scientific and tech- based training methods for the purposes of (b) DEFINITIONS.—Section 2301 of the Ele- nical qualifications for which Guard or Re- training members of the Armed Forces in the mentary and Secondary Education Act of serve requirements do not exist. treatment of combat trauma injuries under 1965 (20 U.S.C. 6671) is amended— ‘‘(e) GUARD OR RESERVE DUTY ASSIGNMENT this section. (1) by redesignating paragraphs (2) through DEFINED.—In this section, the term ‘Guard or (c) DEFINITIONS.—In this section: (5) as paragraphs (5) through (8), respec- Reserve duty assignment’ means an assign- (1) The term ‘‘combat trauma injuries’’ tively; and ment involving the organizing, admin- means severe injuries likely to occur during (2) by inserting after paragraph (1) the fol- istering, recruiting, instructing, or training combat, including— lowing: the reserve components, preferably in an as- (A) extremity hemorrhage; ‘‘(2) CHARTER SCHOOL.—The term ‘charter signment maximizing exposure to the unique (B) tension pneumothorax; school’ has the meaning given that term in capabilities of the National Guard and Re- (C) amputation resulting from blast injury; section 5210.

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‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible shall be required to enter into an agreement (2) Ensuring greater awareness and partici- school’ means— with the Secretary in which the member pation throughout the United States in such ‘‘(A) a public school, including a charter agrees— program. school, at which— ‘‘(A) within such time as the Secretary (3) Providing meaningful opportunities for ‘‘(i) at least 30 percent of the students en- may require, to obtain certification or li- learning about the experiences of veterans. rolled in the school are from families with censing as an elementary school teacher, (4) Complementing the efforts supporting incomes below 185 percent of poverty level secondary school teacher, or vocational or the readjustment and successful reintegra- (as defined by the Office of Management and technical teacher to meet the requirements tion of veterans into civilian life after serv- Budget and revised at least annually in ac- necessary to become a teacher in an eligible ice in the Armed Forces. cordance with section 9(b)(1) of the Richard school; and (b) COORDINATION AND COOPERATION.—To B. Russell National School Lunch Act (42 ‘‘(B) to accept an offer of full-time employ- the degree practicable, the Director shall, in U.S.C. 1758(b)(1)) applicable to a family of ment as an elementary school teacher, sec- carrying out the campaign required by sub- the size involved; or ondary school teacher, or vocational or tech- section (a), coordinate and cooperate with ‘‘(ii) at least 13 percent of the students en- nical teacher for not less than 3 school years veterans service organizations. rolled in the school qualify for assistance in an eligible school, to begin the school year (c) VETERANS SERVICE ORGANIZATION DE- under part B of the Individuals with Disabil- after obtaining that certification or licens- FINED.—In this section, the term ‘‘veterans ities Education Act; or ing.’’; and service organization’’ means any organiza- ‘‘(B) a Bureau-funded school as defined in (B) by striking subsection (f) and inserting tion recognized by the Secretary of Veterans section 1141 of the Education Amendments of the following: Affairs for the representation of veterans 1978 (25 U.S.C. 2021). ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR- under section 5902 of title 38, United States ‘‘(4) HIGH-NEED SCHOOL.—Except for pur- CUMSTANCES.—A participant who is paid a Code. stipend or bonus shall be subject to the re- poses of section 2304(d), the term ‘high-need Mr. BAUCUS (for himself, school’ means— payment provisions of section 373 of title 37, SA 3228. ‘‘(A) an elementary school or middle school United States Code under the following cir- Mr. SANDERS, and Mr. FRANKEN) sub- in which at least 50 percent of the enrolled cumstances: mitted an amendment intended to be students are children from low-income fami- ‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR proposed by him to the bill S. 3254, to lies, based on the number of children eligible EMPLOYMENT.—The participant fails to ob- authorize appropriations for fiscal year for free and reduced priced lunches under the tain teacher certification or licensing or to 2013 for military activities of the De- Richard B. Russell National School Lunch meet the requirements necessary to become partment of Defense, for military con- Act (42 U.S.C. 1751 et seq.), the number of a teacher in an eligible school or to obtain struction, and for defense activities of children in families receiving assistance employment as an elementary school teach- the Department of Energy, to prescribe er, secondary school teacher, or vocational under the State program funded under part military personnel strengths for such A of title IV of the Social Security Act (42 or technical teacher as required by the par- U.S.C. 601 et seq.), the number of children el- ticipation agreement. fiscal year, and for other purposes; igible to receive medical assistance under ‘‘(2) TERMINATION OF EMPLOYMENT.—The which was ordered to lie on the table; the Medicaid program, or a composite of participant voluntarily leaves, or is termi- as follows: these indicators; nated for cause from, employment as an ele- At the end of subtitle A of title X, add the ‘‘(B) a high school in which at least 40 per- mentary school teacher, secondary school following: cent of enrolled students are children from teacher, or vocational or technical teacher SEC. 1005. FUNDING FOR OPERATION ENDURING low-income families, which may be cal- during the 3 years of required service in vio- FREEDOM AFTER DECEMBER 31, culated using comparable data from feeder lation of the participation agreement. 2014. schools; or ‘‘(3) FAILURE TO COMPLETE SERVICE UNDER Amounts authorized to be appropriated for ‘‘(C) a school that is in a local educational RESERVE COMMITMENT AGREEMENT.—The par- the Department of Defense for Overseas Con- agency that is eligible under section ticipant executed a written agreement with tingency Operations may not be available 6211(b).’’. the Secretary concerned under section after December 31, 2014, for Operation Endur- (c) PROGRAM AUTHORIZATION.—Section 2302 2303(e)(2) to serve as a member of a reserve ing Freedom or any successor military ac- of the Elementary and Secondary Education component of the Armed Forces for a period tivities in a country in which Operation En- Act of 1965 (20 U.S.C. 6672(b)) is amended by of 3 years and fails to complete the required during Freedom is or has been conducted as striking subsections (b) through (e) and in- term of service.’’. of that date. serting the following: (f) EFFECTIVE DATE.—The amendments ‘‘(b) PROGRAM AUTHORIZED.—The Secretary made by subsections (b) through (e) shall SA 3229. Mr. UDALL of Colorado (for may carry out a program (to be known as the take effect beginning on the date upon which himself, Mrs. FEINSTEIN, and Mr. ‘Troops-to-Teachers Program’) to assist eli- the transfer of authority and responsibility TESTER) submitted an amendment in- gible members of the Armed Forces de- for operation and administration of the tended to be proposed by him to the scribed in section 2303(a) to obtain certifi- Troops-to-Teachers Program takes effect, in bill S. 3254, to authorize appropriations cation or licensing as elementary school accordance with subsection (a)(3). teachers, secondary school teachers, or voca- for fiscal year 2013 for military activities of the Department of Defense, for tional or technical teachers to meet the re- Mr. CONRAD submitted an SA 3227. military construction, and for defense quirements necessary to become a teacher in amendment intended to be proposed by an eligible school. activities of the Department of Energy, him to the bill S. 3254, to authorize ap- ‘‘(c) AUTHORITY FOR PROGRAM.—In accord- to prescribe military personnel propriations for fiscal year 2013 for ance with section 561(a) of division A of the strengths for such fiscal year, and for military activities of the Department National Defense Authorization Act for Fis- other purposes; which was ordered to cal Year 2013, the Secretary of Defense shall of Defense, for military construction, lie on the table; as follows: have the responsibility and authority for op- and for defense activities of the De- eration and administration of the program At the end of subtitle B of title III, add the partment of Energy, to prescribe mili- following: under this chapter. All references to the tary personnel strengths for such fiscal term ‘Secretary’ with respect to the Troops- SEC. 314. TERMS APPLICABLE TO LEASES FOR to-Teachers Program under this chapter year, and for other purposes; which was PLACEMENT OF SOLAR, WIND, AND shall be deemed to refer to the Secretary of ordered to lie on the table; as follows: BIOMASS ENERGY PRODUCTION FA- CILITIES ON WITHDRAWN LANDS. Defense, notwithstanding section 9101(39), ex- At the end of subtitle H of title X, add the (a) IN GENERAL.—Subchapter II of chapter cept as provided in section 2301(8) or as oth- following: 173 of title 10, United States Code, is amend- erwise specified.’’. SEC. 1084. NATIONAL PUBLIC AWARENESS AND ed by adding at the end the following new (d) YEARS OF SERVICE REQUIREMENTS.—Sec- PARTICIPATION CAMPAIGN FOR tion 2303(a)(2)(A)(i) of the Elementary and VETERANS’ HISTORY PROJECT OF section: Secondary Education Act of 1965 (20 U.S.C. AMERICAN FOLKLIFE CENTER. ‘‘§ 2922h. Leases for placement of solar, wind, 6673(a)(2)(A)(i)) is amended by striking ‘‘6 or (a) IN GENERAL.—The Director of the and biomass energy production facilities on more years’’ and inserting ‘‘4 or more years’’. American Folklife Center at the Library of withdrawn lands (e) PARTICIPATION AGREEMENT.— Congress shall carry out a national public ‘‘(a) TERM OF LEASE.—In entering into a (1) AMENDMENT.—Section 2304 of the Ele- awareness and participation campaign for lease pursuant to section 2667 for the place- mentary and Secondary Education Act of the program required by section 3(a) of the ment of a solar, wind, or biomass energy pro- 1965 (20 U.S.C. 6674) is amended— Veterans’ Oral History Project Act (20 U.S.C. duction facility on public lands withdrawn (A) by striking paragraph (1) of subsection 2142(a)). Such campaign shall provide for the for defense-related uses, the Secretary con- (a) and inserting the following: following: cerned may enter into such a lease without ‘‘(1) IN GENERAL.—An eligible member of (1) Encouraging the people of the United regard to any provision of law limiting the the Armed Forces selected to participate in States, veterans organizations, community uses or term of withdrawal of such with- the Program under section 2303 and to re- groups, and national organizations to par- drawn public lands, provided that the Sec- ceive financial assistance under this section ticipate in such program. retary has obtained the prior approval of the

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.075 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7242 CONGRESSIONAL RECORD — SENATE November 29, 2012 Secretary of the Interior of the proposed comprehensive report on public diplomacy ‘‘October 1, 2010’’ and inserting ‘‘October 1, lease. The Secretary concerned may enter and international broadcasting activities to 2014’’. into such a lease and the Secretary of the In- Congress, the President, and the Secretary of (2) RETROACTIVITY OF EFFECTIVE DATE.— terior may approve such a lease notwith- State. This report shall include— The amendment made by paragraph (1) shall standing any limitation contained in any ‘‘(i) a detailed list of all public diplomacy take effect on October 1, 2010. withdrawal by Executive Order, Public Land activities funded by the United States Gov- (e) FUNDING.—From amounts appropriated Order, or Act of Congress. Any such lease en- ernment; by Congress under the heading ‘‘DIPLOMATIC tered into by the Department of Defense for ‘‘(ii) a description of— AND CONSULAR PROGRAMS’’, the Secretary of the development, production or generation of ‘‘(I) the purpose, means, and geographic State shall allocate sufficient funding to the a renewable energy or electricity facility scope of each activity; United States Advisory Commission on Pub- shall not require the Department to buy en- ‘‘(II) when each activity was started; lic Diplomacy to carry out section 604 of the ergy or electricity from such facility or in- ‘‘(III) the amount of Federal funding ex- United States Information and Educational crease the Department’s outlays for energy pended on each activity; Exchange Act of 1948 (22 U.S.C. 1469), as costs of military installations or facilities in ‘‘(IV) any significant outside sources of amended by this section. subsequent years. funding; and ‘‘(b) TRANSFERS OF CONSIDERATION.—Not- ‘‘(V) the Federal department or agency to SA 3231. Mr. DURBIN (for himself, withstanding section 2215 of this title, for which the activity belongs; Mrs. BOXER, Mr. BOOZMAN, Mr. COONS, any energy production facility subject to a ‘‘(iii) the international broadcasting ac- Mr. BROWN of Ohio, and Mr. CARDIN) lease covered by subsection (a) from which tivities under the direction of the Broad- submitted an amendment intended to the Department of Defense does not consume casting Board of Governors; the entire energy output, the Secretary con- ‘‘(iv) an assessment of potentially duplica- be proposed by him to the bill S. 3254, cerned shall transfer to the Secretary of the tive public diplomacy and international to authorize appropriations for fiscal Interior— broadcasting activities; and year 2013 for military activities of the ‘‘(1) from the net revenue provided to the ‘‘(v) for any activities determined to be in- Department of Defense, for military Secretary under such a lease, funds covering effective or results not demonstrated under construction, and for defense activities the costs of the Department of the Interior subparagraph (B), recommendations on ex- of the Department of Energy, to pre- in approving the lease; isting effective or moderately effective pub- scribe military personnel strengths for ‘‘(2) 25 percent of the remaining revenue, to lic diplomacy activities that could be aug- be available for the Secretary of the Interior mented to carry out the objectives of the in- such fiscal year, and for other pur- for expenditure, without further appropria- effective activities. poses; which was ordered to lie on the tion, for management of Federal lands and ‘‘(B) EFFECTIVENESS ASSESSMENT.—In eval- table; as follows: addressing and offsetting impacts of the en- uating the public diplomacy and inter- At the end of subtitle D of title XII, add ergy production facility, including lands national broadcasting activities described in the following: withdrawn for defense-related uses; and subparagraph (A), the Commission shall con- SEC. 1246. IMPOSITION OF SANCTIONS WITH RE- ‘‘(3) 25 percent of the remaining revenue to duct an assessment that considers the public SPECT TO SUPPORT FOR THE REBEL be deposited into a fund established in the diplomacy target impact, the achieved im- GROUP KNOWN AS M23. Treasury, to be available for the Secretary of pact, and the cost of public diplomacy activi- (a) BLOCKING OF ASSETS.—The Secretary of the Interior for expenditure without further ties and international broadcasting. The as- the Treasury shall, pursuant to the Inter- appropriation and without fiscal year limita- sessment shall include, if practicable, an ap- national Emergency Economic Powers Act tion, for fish and wildlife habitat conserva- propriate metric such as ‘cost-per-audience’ (50 U.S.C. 1701 et seq.) or Executive Order tion on Federal lands and securing rec- or ‘cost-per-student’ for each activity. Upon 13413 (74 Fed. Reg. 64105; relating to blocking reational access to Federal land.’’. the completion of the assessment, the Com- property of certain persons contributing to (b) CLERICAL AMENDMENT.—The table of mission shall the assign a rating of— the conflict in the Democratic Republic of sections at the beginning of such subchapter ‘‘(i) ‘effective’ for activities that— the Congo), block and prohibit all trans- is amended by adding at the end the fol- ‘‘(I) set appropriate goals; actions in all property and interests in prop- lowing new item: ‘‘(II) achieve results; and erty of a person described in subsection (c) if ‘‘2922h. Leases for placement of solar, wind, ‘‘(III) are well-managed and cost efficient; such property and interests in property are and biomass energy production ‘‘(ii) ‘moderately effective’ for activities in the United States, come within the United facilities on withdrawn lands.’’. that— States, or are or come within the possession ‘‘(I) achieve some results; or control of a United States person. SA 3230. Mrs. BOXER (for herself and ‘‘(II) are generally well-managed; and (b) VISA BAN.—The Secretary of State shall Mr. COBURN) submitted an amendment ‘‘(III) need to improve their performance deny a visa to, and the Secretary of Home- intended to be proposed by her to the results or cost efficiency, including reducing land Security shall exclude from the United bill S. 3254, to authorize appropriations overhead; States, any alien who is a person described ‘‘(iii) ‘ineffective’ for activities that— for fiscal year 2013 for military activi- in subsection (c). ‘‘(I) are not making sufficient use of avail- (c) PERSONS DESCRIBED.—A person de- ties of the Department of Defense, for able resources to achieve stated goals; scribed in this subsection is a person that military construction, and for defense ‘‘(II) are not well-managed; or the President determines provides, on or activities of the Department of Energy, ‘‘(III) have excessive overhead; and after the date of the enactment of this Act, to prescribe military personnel ‘‘(iv) ‘results not demonstrated’ for activi- significant financial, material, or techno- strengths for such fiscal year, and for ties that— logical support to M23. other purposes; as follows: ‘‘(I) do not have acceptable performance (d) WAIVER.—The President may waive the At the appropriate place, insert the fol- public diplomacy metrics for measuring re- application of this section with respect to a lowing: sults; or person if the President determines and re- ‘‘(II) are unable or failed to collect data to ports to the appropriate congressional com- SEC. lll. UNITED STATES ADVISORY COMMIS- SION ON PUBLIC DIPLOMACY. determine if they are effective. mittees that the waiver is in the national in- (a) TECHNICAL AMENDMENT.—Section 604(a) ‘‘(2) OTHER REPORTS.— terest of the United States. of the United States Information and Edu- ‘‘(A) IN GENERAL.—The Commission shall (e) TERMINATION OF SANCTIONS.—The Presi- cational Exchange Act of 1948 (22 U.S.C. submit other reports, including working pa- dent may terminate sanctions imposed under 1469(a)) is amended by inserting ‘‘(referred to pers, to Congress, the President, and the Sec- this section with respect to a person on and in this section as the ‘Commission’)’’ before retary of State at least semi-annually on after the date on which the President deter- the period at the end. other activities and policies related to mines and reports to the appropriate con- (b) DUTIES AND RESPONSIBILITIES.—Section United States public diplomacy. gressional committees that the person has 604(c) of such Act is amended to read as fol- ‘‘(B) AVAILABILITY.—The Commission shall terminated the provision of significant fi- lows: make the reports submitted pursuant to sub- nancial, material, and technological support ‘‘(c) DUTIES AND RESPONSIBILITIES.—The paragraph (A) publicly available on the to M23. Commission shall appraise United States website of the Commission to develop a bet- (f) TERMINATION OF SECTION.—This section Government activities intended to under- ter understanding of, and support for, public shall terminate on the date on which the stand, inform, and influence foreign publics. diplomacy activities. President determines that M23 is no longer a The activities described in this subsection ‘‘(3) ACCESS TO INFORMATION.—The Sec- significant threat to peace and security in shall be referred to in this section as ‘public retary of State shall ensure that the Com- the Democratic Republic of the Congo. diplomacy activities’.’’. mission has access to all appropriate infor- (g) DEFINITIONS.—In this section: (c) REPORTS.—Section 604(d) of such Act is mation to carry out its duties and respon- (1) APPROPRIATE CONGRESSIONAL COMMIT- amended to read as follows: sibilities under this subsection.’’. TEES.—The term ‘‘appropriate congressional ‘‘(d) REPORTS.— (d) REAUTHORIZATION.— committees’’ means— ‘‘(1) COMPREHENSIVE ANNUAL REPORT.— (1) IN GENERAL.—Section 1334 of the For- (A) the Committee on Banking, Housing, ‘‘(A) IN GENERAL.—Not less frequently than eign Affairs Reform and Restructuring Act and Urban Affairs and the Committee on annually, the Commission shall submit a of 1998 (22 U.S.C. 6553) is amended by striking Foreign Relations of the Senate; and

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.074 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7243 (B) the Committee on Financial Services vice’’ in section 201 of the Federal Food, (6) The National Iranian Tanker Company and the Committee on Foreign Affairs of the Drug, and Cosmetic Act (21 U.S.C. 321). is the main carrier for the Iranian Revolu- House of Representatives. (10) MEDICINE.—The term ‘‘medicine’’ has tionary Guard Corps-designated National (2) M23.—The term ‘‘M23’’ refers to the the meaning given the term ‘‘drug’’ in sec- Iranian Oil Company and a key element in rebel group known as M23 operating in the tion 201 of the Federal Food, Drug, and Cos- the petroleum supply chain responsible for Democratic Republic of the Congo that de- metic Act (21 U.S.C. 321). generating energy revenues that support the rives its name from the March 23, 2009, agree- (11) SHIPPING.—The term ‘‘shipping’’ refers illicit nuclear proliferation activities of the ment between the Government of the Demo- to the transportation of goods by a vessel Government of Iran. cratic Republic of the Congo and the Na- and related activities. (b) DESIGNATION OF PORTS AND ENTITIES IN tional Congress for the Defense of the People (12) UNITED STATES PERSON.—The term THE ENERGY, SHIPPING, AND SHIPBUILDING (or any successor group). ‘‘United States person’’ has the meaning SECTORS OF IRAN AS ENTITIES OF PROLIFERA- (3) UNITED STATES PERSON.—The term given that term in section 101 of the Com- TION CONCERN.—Entities that operate ports ‘‘United States person’’ means— prehensive Iran Sanctions, Accountability, in Iran and entities in the energy, shipping, (A) an individual who is a United States and Divestment Act of 2010 (22 U.S.C. 8511). and shipbuilding sectors of Iran, including citizen or an alien lawfully admitted for per- (13) VESSEL.—The term ‘‘vessel’’ has the the National Iranian Oil Company, the Na- manent residence to the United States; or meaning given that term in section 3 of title tional Iranian Tanker Company, the Islamic (B) an entity organized under the laws of 1, United States Code. Republic of Iran Shipping Lines, and their the United States or of any jurisdiction (b) DETERMINATIONS OF SIGNIFICANCE.—For affiliates, play an important role in Iran’s within the United States. purposes of this subtitle, in determining if fi- nuclear proliferation efforts and all such en- nancial transactions or financial services are tities are hereby designated as entities of SA 3232. Mr. MENENDEZ (for him- significant, the President may consider the proliferation concern. self, Mr. KIRK, Mr. LIEBERMAN, Mr. totality of the facts and circumstances, in- (c) BLOCKING OF PROPERTY OF ENTITIES IN SCHUMER) submitted an amendment including factors similar to the factors set ENERGY, SHIPPING, AND SHIPBUILDING SEC- tended to be proposed by him to the forth in section 561.404 of title 31, Code of TORS.— (1) IN GENERAL.—On and after the date that bill S. 3254, to authorize appropriations Federal Regulations (or any corresponding similar regulation or ruling). is 90 days after the date of the enactment of for fiscal year 2013 for military activi- SEC. 1253. DECLARATION OF POLICY ON HUMAN this Act, the President shall block and pro- ties of the Department of Defense, for RIGHTS. hibit all transactions in all property and in- military construction, and for defense (a) FINDING.—Congress finds that the inter- terests in property of any person described in activities of the Department of Energy, ests of the United States and international paragraph (2) if such property and interests to prescribe military personnel peace are threatened by the ongoing and de- in property are in the United States, come strengths for such fiscal year, and for stabilizing actions of the Government of within the United States, or are or come other purposes; which was ordered to Iran, including its massive, systematic, and within the possession or control of a United lie on the table; as follows: extraordinary violations of the human rights States person. of its own citizens. (2) PERSONS DESCRIBED.—A person is de- At the end of title XII, add the following: (b) DECLARATION OF POLICY.—It shall be the scribed in this paragraph if the President de- Subtitle E—Iran Sanctions policy of the United States— termines that the person, on or after the SEC. 1251. SHORT TITLE. (1) to deny the Government of Iran the date that is 90 days after the date of the en- This subtitle may be cited as the ‘‘Iran ability to continue to oppress the people of actment of this Act— Freedom and Counter-Proliferation Act of Iran and to use violence and executions (A) is part of the energy, shipping, or ship- 2012’’. against pro-democracy protestors and regime building sectors of Iran; SEC. 1252. DEFINITIONS. opponents; (B) operates a port in Iran; or (a) IN GENERAL.—In this subtitle: (2) to fully and publicly support efforts (C) knowingly provides significant finan- (1) AGRICULTURAL COMMODITY.—The term made by the people of Iran to promote the cial, material, technological, or other sup- ‘‘agricultural commodity’’ has the meaning establishment of basic freedoms that build port to, or goods or services in support of given that term in section 102 of the Agricul- the foundation for the emergence of a freely any activity or transaction on behalf of or tural Trade Act of 1978 (7 U.S.C. 5602). elected, open, and democratic political sys- for the benefit of— (2) APPROPRIATE CONGRESSIONAL COMMIT- tem; (i) a person determined under subpara- TEES.—The term ‘‘appropriate congressional (3) to help the people of Iran produce, ac- graph (A) to be a part of the energy, ship- committees’’ has the meaning given that cess, and share information freely and safely ping, or shipbuilding sectors of Iran; via the Internet and through other media; term in section 14 of the Iran Sanctions Act (ii) a person determined under subpara- and of 1996 (Public Law 104–172; 50 U.S.C. 1701 graph (B) to operate a port in Iran; or (4) to defeat all attempts by the Govern- note). (iii) an Iranian person included on the list ment of Iran to jam or otherwise obstruct (3) COAL.—The term ‘‘coal’’ means met- of specially designated nationals and blocked international satellite broadcast signals. allurgical coal, coking coal, or fuel coke. persons maintained by the Office of Foreign (4) CORRESPONDENT ACCOUNT; PAYABLE- SEC. 1254. IMPOSITION OF SANCTIONS WITH RE- Assets Control of the Department of the SPECT TO THE ENERGY, SHIPPING, THROUGH ACCOUNT.—The terms ‘‘cor- AND SHIPBUILDING SECTORS OF Treasury (other than an Iranian financial in- respondent account’’ and ‘‘payable-through IRAN. stitution described in paragraph (3)). account’’ have the meanings given those (a) FINDINGS.—Congress makes the fol- (3) IRANIAN FINANCIAL INSTITUTIONS DE- terms in section 5318A of title 31, United lowing findings: SCRIBED.—An Iranian financial institution States Code. (1) Iran’s energy, shipping, and ship- described in this paragraph is an Iranian fi- (5) FOREIGN FINANCIAL INSTITUTION.—The building sectors and Iran’s ports are facili- nancial institution that has not been des- term ‘‘foreign financial institution’’ has the tating the Government of Iran’s nuclear pro- ignated for the imposition of sanctions in meaning of that term as determined by the liferation activities by providing revenue to connection with— Secretary of the Treasury pursuant to sec- support proliferation activities. (A) Iran’s proliferation of weapons of mass tion 104(i) of the Comprehensive Iran Sanc- (2) The United Nations Security Council destruction or delivery systems for weapons tions, Accountability, and Divestment Act of and the United States Government have ex- of mass destruction; 2010 (22 U.S.C. 8513(i)). pressed concern about the proliferation risks (B) Iran’s support for international ter- (6) IRANIAN FINANCIAL INSTITUTION.—The presented by the Iranian nuclear program. rorism; or term ‘‘Iranian financial institution’’ has the (3) The Director General of the Inter- (C) Iran’s abuses of human rights. meaning given that term in section 104A(d) national Atomic Energy Agency (in this sec- (d) ADDITIONAL SANCTIONS WITH RESPECT of the Comprehensive Iran Sanctions, Ac- tion referred to as the ‘‘IAEA’’) has in suc- TO THE ENERGY, SHIPPING, AND SHIPBUILDING countability, and Divestment Act of 2010 (22 cessive reports (GOV/2012/37 and GOV/2011/65) SECTORS OF IRAN.— U.S.C. 8513b(d)). identified possible military dimensions of (1) SALE, SUPPLY, OR TRANSFER OF CERTAIN (7) IRANIAN PERSON.—The term ‘‘Iranian Iran’s nuclear program. GOODS AND SERVICES.—Except as provided in person’’ means— (4) The Government of Iran continues to this section, the President shall impose 5 or (A) an individual who is a citizen or na- defy the requirements and obligations con- more of the sanctions described in section tional of Iran; and tained in relevant IAEA Board of Governors 6(a) of the Iran Sanctions Act of 1996 (Public (B) an entity organized under the laws of and United Nations Security Council resolu- Law 104–172; 50 U.S.C. 1701 note) with respect Iran or otherwise subject to the jurisdiction tions, including by continuing and expanding to a person if the President determines that of the Government of Iran. uranium enrichment activities in Iran, as re- the person knowingly, on or after the date (8) KNOWINGLY.—The term ‘‘knowingly’’, ported in IAEA Report GOV/2012/37. that is 90 days after the date of the enact- with respect to conduct, a circumstance, or a (5) United Nations Security Council Reso- ment of this Act, sells, supplies, or transfers result, means that a person has actual lution 1929 (2010) recognizes the ‘‘potential to or from Iran significant goods or services knowledge, or should have known, of the connection between Iran’s revenues derived described in paragraph (3). conduct, the circumstance, or the result. from its energy sector and the funding of (2) FACILITATION OF CERTAIN TRANS- (9) MEDICAL DEVICE.—The term ‘‘medical Iran’s proliferation sensitive nuclear activi- ACTIONS.—Except as provided in this section, device’’ has the meaning given the term ‘‘de- ties’’. the President shall prohibit the opening, and

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.074 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7244 CONGRESSIONAL RECORD — SENATE November 29, 2012 prohibit or impose strict conditions on the (bb) between the country with primary ju- (iii) for a program described in clause (iii) maintaining, in the United States of a cor- risdiction over the foreign financial institu- of that subparagraph. respondent account or a payable-through action and Iran; and (b) FACILITATION OF CERTAIN TRANS- count by a foreign financial institution that (III) any funds owed to Iran as a result of ACTIONS.—The President shall prohibit the the President determines knowingly, on or such trade are credited to an account located opening, and prohibit or impose strict condi- after the date that is 90 days after the date in the country with primary jurisdiction tions on the maintaining, in the United of the enactment of this Act, conducts or fa- over the foreign financial institution. States of a correspondent account or a pay- cilitates a significant financial transaction (g) APPLICABILITY OF SANCTIONS TO NAT- able-through account by a foreign financial for the sale, supply, or transfer to or from URAL GAS.— institution that the President determines Iran of goods or services described in para- (1) SALE, SUPPLY, OR TRANSFER.—Except as knowingly, on or after the date that is 90 graph (3). provided in paragraph (2), this section shall days after the date of the enactment of this (3) GOODS AND SERVICES DESCRIBED.—Goods not apply to the sale, supply, or transfer to Act, conducts or facilitates a significant fi- or services described in this paragraph are or from Iran of natural gas. nancial transaction for the sale, supply, or goods or services used in connection with the (2) FINANCIAL TRANSACTIONS.—This section transfer to or from Iran of materials the energy, shipping, or shipbuilding sectors of shall apply to a foreign financial institution sale, supply, or transfer of which would sub- Iran, including the National Iranian Oil that conducts or facilitates a financial trans- ject a person to sanctions under subsection Company, the National Iranian Tanker Com- action for the sale, supply, or transfer to or (a). pany, and the Islamic Republic of Iran Ship- from Iran of natural gas unless— (c) MATERIALS DESCRIBED.—Materials de- ping Lines. (A) the financial transaction is only for scribed in this subsection are graphite, raw (4) APPLICATION OF CERTAIN PROVISIONS OF trade in goods or services— or semi-finished metals such as aluminum IRAN SANCTIONS ACT OF 1996.—The following (i) not otherwise subject to sanctions and steel, coal, and software for integrating provisions of the Iran Sanctions Act of 1996 under the law of the United States; and industrial processes. (Public Law 104–172; 50 U.S.C. 1701 note) shall (ii) between the country with primary ju- (d) DETERMINATION WITH RESPECT TO USE apply with respect to the imposition of sanc- risdiction over the foreign financial institu- OF MATERIALS.—Not later than 90 days after tions under paragraph (1) to the same extent tion and Iran; and the date of the enactment of this Act, and that such provisions apply with respect to (B) any funds owed to Iran as a result of every 90 days thereafter, the President shall the imposition of sanctions under section such trade are credited to an account located submit to the appropriate congressional 5(a) of that Act: in the country with primary jurisdiction committees and publish in the Federal Reg- (A) Subsections (c), (d), and (f) of section 5 over the foreign financial institution. ister a report that contains the determina- (except for paragraphs (3) and (4)(C) of such (h) WAIVER.— tion of the President with respect to— subsection (f)). (1) IN GENERAL.—The President may waive (1) whether Iran is— (B) Sections 8, 11, and 12. (A) using any of the materials described in (e) HUMANITARIAN EXCEPTION.—The Presi- the imposition of sanctions under this section for a period of not more than 120 days, subsection (c) as a medium for barter, swap, dent may not impose sanctions under this or any other exchange or transaction; or section with respect to any person for con- and may renew that waiver for additional periods of not more than 120 days, if the Presi- (B) listing any of such materials as assets ducting or facilitating a transaction for the of the Government of Iran for purposes of the sale of agricultural commodities, food, medi- dent— national balance sheet of Iran; cine, or medical devices to Iran or for the (A) determines that such a waiver is vital (2) which sectors of the economy of Iran provision of humanitarian assistance to the to the national security of the United are controlled directly or indirectly by Iran’s people of Iran. States; and Revolutionary Guard Corps; and (f) APPLICABILITY OF SANCTIONS TO PETRO- (B) submits to the appropriate congres- LEUM AND PETROLEUM PRODUCTS.— sional committees a report providing a jus- (3) which of the materials described in sub- (1) IN GENERAL.—Except as provided in tification for the waiver. section (c) are relevant to the nuclear, mili- paragraph (2), this section shall apply with (2) FORM OF REPORT.—Each report sub- tary, or ballistic missile programs of Iran. respect to the purchase of petroleum or pe- mitted under paragraph (1)(B) shall be sub- (e) EXCEPTION FOR PERSONS EXERCISING troleum products from Iran only if, at the mitted in unclassified form, but may include DUE DILIGENCE.—The President may not im- time of the purchase, a determination of the a classified annex. pose sanctions under subsection (a) or (b) President under section 1245(d)(4)(B) of the with respect to a person if the President de- SEC. 1255. IMPOSITION OF SANCTIONS WITH RE- termines that the person has exercised due National Defense Authorization Act for Fis- SPECT TO THE SALE, SUPPLY, OR cal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that TRANSFER OF CERTAIN MATERIALS diligence in establishing and enforcing offi- the price and supply of petroleum and petro- TO OR FROM IRAN. cial policies, procedures, and controls to ensure that the person does not sell, supply, or leum products produced in countries other (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN transfer to or from Iran materials the sale, than Iran is sufficient to permit purchasers MATERIALS.—The President shall impose 5 or of petroleum and petroleum products from more of the sanctions described in section supply, or transfer of which would subject a Iran to reduce significantly their purchases 6(a) of the Iran Sanctions Act of 1996 (Public person to sanctions under subsection (a) or from Iran is in effect. Law 104–172; 50 U.S.C. 1701 note) with respect conduct or facilitate a financial transaction for such a sale, supply, or transfer. (2) EXCEPTION FOR CERTAIN COUNTRIES.— to a person if the President determines that (f) WAIVER.— (A) EXPORTATION.—This section shall not the person knowingly, on or after the date apply with respect to the exportation of pe- that is 90 days after the date of the enact- (1) IN GENERAL.—The President may waive troleum or petroleum products from Iran to ment of this Act, sells, supplies, or transfers, the imposition of sanctions under this sec- a country to which the exception under sec- directly or indirectly, to or from Iran— tion for a period of not more than 120 days, tion 1245(d)(4)(D)(i) of the National Defense (1) a precious metal; and may renew that waiver for additional pe- Authorization Act for Fiscal Year 2012 (22 (2) a material described in subsection (c) riods of not more than 120 days, if the Presi- U.S.C. 8513a(d)(4)(D)(i)) applies at the time of determined pursuant to subsection (d)(1) to dent— the exportation of the petroleum or petro- be used by Iran as described in that sub- (A) determines that such a waiver is vital leum products. section; to the national security of the United States; and (B) FINANCIAL TRANSACTIONS.— (3) any other material described in sub- (B) submits to the appropriate congres- (i) IN GENERAL.—This section shall not section (c) if— apply with respect to a financial transaction (A) the material is— sional committees a report providing a jus- described in clause (ii) conducted or facili- (i) to be used in connection with the en- tification for the waiver. tated by a foreign financial institution if, at ergy, shipping, or shipbuilding sectors of (2) FORM OF REPORT.—Each report sub- the time of the transaction, the exception Iran or any sector of the economy of Iran mitted under paragraph (1)(B) shall be sub- under section 1245(d)(4)(D)(i) of the National controlled directly or indirectly by Iran’s mitted in unclassified form, but may include Defense Authorization Act for Fiscal Year Revolutionary Guard Corps; a classified annex. (g) NATIONAL BALANCE SHEET OF IRAN DE- 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) applies to the (ii) sold, supplied, or transferred to or from FINED.—For purposes of this section, the country with primary jurisdiction over the an Iranian person included on the list of spe- term ‘‘national balance sheet of Iran’’ refers foreign financial institution. cially designated nationals and blocked per- to the ratio of the assets of the Government (ii) FINANCIAL TRANSACTIONS DESCRIBED.—A sons maintained by the Office of Foreign As- of Iran to the liabilities of that Government. financial transaction conducted or facili- sets Control of the Department of the Treas- tated by a foreign financial institution is de- ury; or SEC. 1256. IMPOSITION OF SANCTIONS WITH RE- scribed in this clause if— (iii) relevant to the nuclear, military, or SPECT TO THE PROVISION OF UN- DERWRITING SERVICES OR INSUR- (I) the financial transaction is for the pur- ballistic missile programs of Iran; or ANCE OR REINSURANCE FOR ACTIVI- chase of purchase of petroleum or petroleum (B) the material is resold, retransferred, or TIES OR PERSONS WITH RESPECT products from Iran; otherwise supplied— TO WHICH SANCTIONS HAVE BEEN (II) the financial transaction is only for (i) to an end-user in a sector described in IMPOSED. trade in goods or services— clause (i) of subparagraph (A); (a) IN GENERAL.—Except as provided in (aa) not otherwise subject to sanctions (ii) to a person described in clause (ii) of subsection (b), the President shall impose 5 under the law of the United States; and that subparagraph; or or more of the sanctions described in section

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.072 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7245 6(a) of the Iran Sanctions Act of 1996 (Public (A) determines that such a waiver is vital for if, at the time of the transaction, the ex- Law 104–172; 50 U.S.C. 1701 note) with respect to the national security of the United ception under section 1245(d)(4)(D)(i) of the to a person if the President determines that States; and National Defense Authorization Act for Fis- the person knowingly, on or after the date (B) submits to the appropriate congres- cal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) ap- that is 90 days after the date of the enact- sional committees a report providing a jus- plies to the country with primary jurisdic- ment of this Act, provides underwriting serv- tification for the waiver. tion over the foreign financial institution. ices or insurance or reinsurance— (2) FORM OF REPORT.—Each report sub- (B) FINANCIAL TRANSACTIONS DESCRIBED.—A (1) for any activity with respect to Iran for mitted under paragraph (1)(B) shall be sub- financial transaction conducted or facili- which sanctions have been imposed under mitted in unclassified form, but may include tated by a foreign financial institution is de- this subtitle, the International Emergency a classified annex. scribed in this subparagraph if— Economic Powers Act (50 U.S.C. 1701 et seq.), (f) APPLICATION OF CERTAIN PROVISIONS OF (i) the financial transaction is for the pur- the Iran Sanctions Act of 1996, the Com- IRAN SANCTIONS ACT OF 1996.—The following chase of purchase of petroleum or petroleum prehensive Iran Sanctions, Accountability, provisions of the Iran Sanctions Act of 1996 products from Iran; and Divestment Act of 2010 (22 U.S.C. 8501 et (Public Law 104–172; 50 U.S.C. 1701 note) shall (ii) the financial transaction is only for seq.), the Iran Threat Reduction and Syria apply with respect to the imposition of sanc- trade in goods or services— Human Rights Act of 2012 (22 U.S.C. 8701 et tions under subsection (a) to the same extent (I) not otherwise subject to sanctions seq.), the Iran, North Korea, and Syria Non- that such provisions apply with respect to under the law of the United States; and proliferation Act (Public Law 106–178; 50 the imposition of sanctions under section (II) between the country with primary ju- U.S.C. 1701 note), or any other provision of 5(a) of that Act: risdiction over the foreign financial institu- law relating to the imposition of sanctions (1) Subsections (c), (d), and (f) of section 5 tion and Iran; and with respect to Iran; (except for paragraphs (3) and (4)(C) of such (iii) any funds owed to Iran as a result of (2) to or for any person— subsection (f)). such trade are credited to an account located (A) with respect to, or for the benefit of (2) Sections 8, 11, and 12. in the country with primary jurisdiction any activity in the energy, shipping, or ship- SEC. 1257. IMPOSITION OF SANCTIONS WITH RE- over the foreign financial institution. building sectors of Iran for which sanctions SPECT TO FOREIGN FINANCIAL IN- (e) APPLICABILITY OF SANCTIONS TO NAT- are imposed under this subtitle; STITUTIONS THAT FACILITATE FI- URAL GAS.—Subsection (a) shall apply to a (B) for the sale, supply, or transfer to or NANCIAL TRANSACTIONS ON BE- foreign financial institution that conducts or from Iran of materials described in section HALF OF SPECIALLY DESIGNATED facilitates a financial transaction for the NATIONALS. 1255(c); or sale, supply, or transfer to or from Iran of (a) IN GENERAL.—Except as provided in this natural gas unless— (C) designated for the imposition of sanc- section, the President shall prohibit the (1) the financial transaction is only for tions pursuant to the International Emer- opening, and prohibit or impose strict condi- trade in goods or services— gency Economic Powers Act (50 U.S.C. 1701 tions on the maintaining, in the United (A) not otherwise subject to sanctions et seq.) in connection with— States of a correspondent account or a pay- under the law of the United States; and (i) Iran’s proliferation of weapons of mass able-through account by a foreign financial (B) between the country with primary ju- destruction or delivery systems for weapons institution that the President determines risdiction over the foreign financial institu- of mass destruction; or has, on or after the date that is 90 days after tion and Iran; and (ii) Iran’s support for international ter- the date of the enactment of this Act, know- (2) any funds owed to Iran as a result of rorism; or ingly facilitated a significant financial such trade are credited to an account located (3) to or for any Iranian person included on transaction on behalf of any Iranian person in the country with primary jurisdiction the list of specially designated nationals and included on the list of specially designated over the foreign financial institution. blocked persons maintained by the Office of nationals and blocked persons maintained by (f) WAIVER.— Foreign Assets Control of the Department of the Office of Foreign Assets Control of the (1) IN GENERAL.—The President may waive the Treasury (other than an Iranian finan- Department of the Treasury (other than an the imposition of sanctions under subsection cial institution described in subsection (b)). Iranian financial institution described in (a) for a period of not more than 120 days, (b) IRANIAN FINANCIAL INSTITUTIONS DE- subsection (b)). and may renew that waiver for additional pe- SCRIBED.—An Iranian financial institution (b) IRANIAN FINANCIAL INSTITUTIONS DE- riods of not more than 120 days, if the Presi- described in this subsection is an Iranian fident— nancial institution that has not been des- SCRIBED.—An Iranian financial institution described in this subsection is an Iranian fi- (A) determines that such a waiver is vital ignated for the imposition of sanctions in to the national security of the United connection with— nancial institution that has not been designated for the imposition of sanctions in States; and (1) Iran’s proliferation of weapons of mass (B) submits to the appropriate congres- destruction or delivery systems for weapons connection with— (1) Iran’s proliferation of weapons of mass sional committees a report providing a jus- of mass destruction; tification for the waiver. (2) Iran’s support for international ter- destruction or delivery systems for weapons of mass destruction; (2) FORM OF REPORT.—Each report sub- rorism; or mitted under paragraph (1)(B) shall be sub- (3) Iran’s abuses of human rights. (2) Iran’s support for international terrorism; or mitted in unclassified form, but may include (c) HUMANITARIAN EXCEPTION.—The Presi- a classified annex. dent may not impose sanctions under sub- (3) Iran’s abuses of human rights. SEC. 1258. INCLUSION OF THE ISLAMIC REPUB- section (a) for the provision of underwriting (c) HUMANITARIAN EXCEPTION.—The Presi- dent may not impose sanctions under sub- LIC OF IRAN BROADCASTING ON services or insurance or reinsurance for a THE LIST OF HUMAN RIGHTS ABUS- transaction for the sale of agricultural com- section (a) with respect to any person for ERS. conducting or facilitating a transaction for modities, food, medicine, or medical devices (a) FINDINGS.—Congress makes the fol- to Iran or for the provision of humanitarian the sale of agricultural commodities, food, lowing findings: assistance to the people of Iran. medicine, or medical devices to Iran or for (1) The Islamic Republic of Iran Broad- (d) EXCEPTION FOR UNDERWRITERS AND IN- the provision of humanitarian assistance to casting has contributed to the infringement SURANCE PROVIDERS EXERCISING DUE DILI- the people of Iran. of individuals’ human rights by broadcasting GENCE.—The President may not impose sanc- (d) APPLICABILITY OF SANCTIONS TO PETRO- forced televised confession and show trials. tions under paragraph (1) or (3) or subpara- LEUM AND PETROLEUM PRODUCTS.— (2) In March 2012, the European Council im- graph (A) or (B) of paragraph (2) of sub- (1) IN GENERAL.—Except as provided in posed sanctions on the President of the Is- section (a) with respect to a person that pro- paragraph (2), subsection (a) shall apply with lamic Republic of Iran Broadcasting, vides underwriting services or insurance or respect to a financial transaction for the Ezzatollah Zargami, for broadcasting forced reinsurance if the President determines that purchase of petroleum or petroleum products confessions of detainees and a series of the person has exercised due diligence in es- from Iran only if, at the time of the trans- ‘‘show trials’’ in August 2009 and December tablishing and enforcing official policies, action, a determination of the President 2011 that constituted a clear violation of procedures, and controls to ensure that the under section 1245(d)(4)(B) of the National international law with respect to the right person does not underwrite or enter into a Defense Authorization Act for Fiscal Year to a fair trial and due process. contract to provide insurance or reinsurance 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price (b) INCLUSION OF THE ISLAMIC REPUBLIC OF for an activity described in paragraph (1) of and supply of petroleum and petroleum prod- IRAN BROADCASTING ON THE LIST OF HUMAN that subsection or to or for any person de- ucts produced in countries other than Iran is RIGHTS ABUSERS.—The President shall in- scribed in paragraph (3) or subparagraph (A) sufficient to permit purchasers of petroleum clude the Islamic Republic of Iran Broad- or (B) of paragraph (2) of that subsection. and petroleum products from Iran to reduce casting and the President of the Islamic Re- (e) WAIVER.— significantly their purchases from Iran is in public of Iran Broadcasting, Ezzatollah (1) IN GENERAL.—The President may waive effect. Zargami, in the first update to the list of the imposition of sanctions under subsection (2) EXCEPTION FOR CERTAIN COUNTRIES.— persons complicit in, or responsible for or- (a) for a period of not more than 120 days, (A) IN GENERAL.—Subsection (a) shall not dering, controlling, or otherwise directing, and may renew that waiver for additional pe- apply with respect to a financial transaction the commission of serious human rights riods of not more than 120 days, if the Presi- described in subparagraph (B) conducted or abuses against citizens of Iran or their fam- dent— facilitated by a foreign financial institution ily members submitted under section 105 of

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.072 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7246 CONGRESSIONAL RECORD — SENATE November 29, 2012 the Comprehensive Iran Sanctions, Account- (1) in subsection (a), by striking ‘‘4 years’’ ment intended to be proposed by him ability, and Divestment Act of 2010 (22 U.S.C. and inserting ‘‘10 years’’; and to the bill S. 3254, to authorize appro- 8514) after the date of the enactment of this (2) in subsection (b), by striking ‘‘4-year priations for fiscal year 2013 for mili- Act. period’’ and inserting ‘‘10-year period’’. tary activities of the Department of (b) EFFECTIVE DATE.—The amendments SEC. 1259. IMPOSITION OF SANCTIONS WITH RE- Defense, for military construction, and SPECT TO PERSONS ENGAGED IN made by this section shall apply to— THE DIVERSION OF GOODS IN- (1) proceedings under section 2333 of title for defense activities of the Depart- TENDED FOR THE PEOPLE OF IRAN. 18, United States Code, pending in any form ment of Energy, to prescribe military (a) IN GENERAL.—Title I of the Comprehen- on the date of the enactment of this Act; personnel strengths for such fiscal sive Iran Sanctions, Accountability, and Di- (2) proceedings under such section com- year, and for other purposes; which was vestment Act of 2010 (22 U.S.C. 8511 et seq.) is menced on or after the date of the enactment ordered to lie on the table; as follows: amended by inserting after section 105B the of this Act; and At the end of subtitle D of title XII, add following: (3) any civil action brought for recovery of the following: ‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RE- damages under such section resulting from SEC. 1246. BILATERAL DEFENSE TRADE RELA- SPECT TO PERSONS ENGAGED IN acts of international terrorism that occurred TIONSHIP WITH INDIA. THE DIVERSION OF GOODS IN- more than 10 years before the date of the en- (a) REPORT.— TENDED FOR THE PEOPLE OF IRAN. actment of this Act, provided that the action (1) IN GENERAL.—Not later than 180 days ‘‘(a) IN GENERAL.—The President shall im- is filed not later than 6 years after the date after the date of the enactment of this Act, pose sanctions described in section 105(c) of the enactment of this Act. the Secretary of Defense shall submit to the with respect to each person on the list re- SEC. 1262. REPORT ON USE OF CERTAIN IRANIAN congressional defense committees a report quired by subsection (b). SEAPORTS BY FOREIGN VESSELS that articulates the vision of the Depart- ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DI- AND USE OF FOREIGN AIRPORTS BY ment of Defense for defense trade relations VERSION.— SANCTIONED IRANIAN AIR CAR- between the United States and India within ‘‘(1) IN GENERAL.—As relevant information RIERS. the context of the overall bilateral defense becomes available, the President shall sub- (a) IN GENERAL.—Not later than 180 days relationship. mit to the appropriate congressional com- after the date of the enactment of this Act, (2) CONTENT.—The report required under mittees a list of persons that the President and annually thereafter, the President shall submit to the appropriate congressional paragraph (1) shall include the following ele- determines have, on or after such date of en- ments: actment, engaged in corruption or other ac- committees a report that contains— (1) a list of vessels that have entered sea- (A) A description of the Department’s ap- tivities relating to— proach for normalizing defense trade. ports in Iran controlled by the Tidewater ‘‘(A) the diversion of goods, including agri- (B) An assessment of the defense capabili- Middle East Company during the period cultural commodities, food, medicine, and ties that could enhance cooperation and co- specified in subsection (b) and the owners medical devices, intended for the people of ordination between the Governments of the and operators of those vessels; and Iran; or United States and India on matters of shared (2) a list of all airports at which aircraft ‘‘(B) the misappropriation of proceeds from security interests. owned or controlled by an Iranian air carrier the sale or resale of such goods. (b) COMPREHENSIVE POLICY REVIEW.— on which sanctions have been imposed by the ‘‘(2) FORM OF REPORT; PUBLIC AVAIL- (1) IN GENERAL.—The Secretary of Defense ABILITY.— United States have landed during the period shall lead a comprehensive policy review to ‘‘(A) FORM.—The list required by paragraph specified in subsection (b). examine the feasibility of engaging in co- (b) PERIOD SPECIFIED.—The period specified (1) shall be submitted in unclassified form production and co-development defense in this subsection is— but may contain a classified annex. projects with India. (1) in the case of the first report submitted ‘‘(B) PUBLIC AVAILABILITY.—The unclassi- (2) SCOPE.—The policy review should— fied portion of the list required by paragraph under subsection (a), the 180-day period pre- (A) examine the parameters and require- (1) shall be made available to the public and ceding the submission of the report; and ments for United States-India cooperation as posted on the websites of the Department of (2) in the case of any subsequent report well as the terms and conditions India must the Treasury and the Department of State.’’. submitted under that subsection, the year fulfill to broach such cooperation; and (b) WAIVER.—Section 401(b)(1) of the Com- preceding the submission of the report. (B) consider potential areas of cooperation, (c) FORM OF REPORT.—Each report required prehensive Iran Sanctions, Accountability, including the possibility of co-producing a by subsection (a) shall be submitted in un- and Divestment Act of 2010 (22 U.S.C. training aircraft and co-developing counter- classified form, but may include a classified 8551(b)(1)) is amended— IED technology or individual soldier capa- annex. (1) by striking ‘‘or 105B(a)’’ and inserting bilities. ‘‘105B(a), or 105C(a)’’; and SEC. 1263. IMPLEMENTATION; PENALTIES. (c) SENSE OF CONGRESS ON INTERNATIONAL (2) by striking ‘‘or 105B(b)’’ and inserting (a) IMPLEMENTATION.—The President may INITIATIVES.—It is the sense of Congress that ‘‘105B(b), or 105C(b)’’. exercise all authorities provided under sec- the Department of Defense, in coordination (c) CLERICAL AMENDMENT.—The table of tions 203 and 205 of the International Emer- with the Department State, should— contents for the Comprehensive Iran Sanc- gency Economic Powers Act (50 U.S.C. 1702 (1) conduct a review of all United States– tions, Accountability, and Divestment Act of and 1704) to carry out this subtitle. India bilateral working groups dealing with (b) PENALTIES.—The penalties provided for 2010 is amended by inserting after the item high technology transfers, including tech- in subsections (b) and (c) of section 206 of the relating to section 105B the following: nology security and licensing for dual-use International Emergency Economic Powers and munitions licenses, and determine the ‘‘Sec. 105C. Imposition of sanctions with re- Act (50 U.S. C. 1705) shall apply to a person feasibility of establishing a single United spect to persons engaged in the that violates, attempts to violate, conspires States Government working group dedicated diversion of goods intended for to violate, or causes a violation of this sub- the people of Iran.’’. title or regulations prescribed under this to strategic technology trade; (2) engage counterparts in the Government SEC. 1260. WAIVER REQUIREMENT RELATED TO subtitle to the same extent that such pen- EXCEPTIONAL CIRCUMSTANCES alties apply to a person that commits an un- of India in an intensified dialogue on the cur- PREVENTING SIGNIFICANT REDUC- lawful act described in section 206(a) of that rent challenges related to the compatibility TIONS IN CRUDE OIL PURCHASES. Act. of the Foreign Military Sales and direct Section 1245(d)(5)(B) of the National De- SEC. 1264. APPLICABILITY TO CERTAIN NATURAL commercial sales programs with the Indian fense Authorization Act for Fiscal Year 2012 GAS PROJECTS. Defense Procurement Procedure (DPP), and (22 U.S.C. 8513a(d)(5)(B)) is amended— Nothing in this subtitle or the amend- steps to improve compatibility; (1) in clause (i), by striking ‘‘; and’’ and in- ments made by this subtitle shall apply with (3) engage counterparts in the Government serting a semicolon; respect to any activity relating to a project of India in a dialogue about the elements of (2) by redesignating clause (ii) as clause described in subsection (a) of section 603 of an effective defense industrial base, includ- (iii); and the Iran Threat Reduction and Syria Human ing personnel training, quality assurance, (3) by inserting after clause (i) the fol- Rights Act of 2012 (22 U.S.C. 8783) to which and manufacturing procedures; lowing new clause: the exception under that section applies at (4) consider the establishment of orienta- ‘‘(ii) certifying that the country with pri- the time of the activity. tion programs for new defense officials in the mary jurisdiction over the foreign financial SEC. 1265. RULE OF CONSTRUCTION. Government of India about the procedures institution otherwise subject to the sanc- Nothing in this subtitle or the amend- for United States defense sales, including li- tions faced exceptional circumstances that ments made by this subtitle shall be con- censing processes; and prevented the country from being able to sig- strued to limit sanctions imposed with re- (5) continue and deepen ongoing efforts to nificantly reduce its volume of crude oil pur- spect to Iran under any other provision of assist the Government of India in developing chases; and’’. law or to limit the authority of the Presi- its defense acquisition expertise by assisting SEC. 1261. STATUTE OF LIMITATIONS FOR CIVIL dent to impose additional sanctions with re- with the development of training institu- ACTIONS REGARDING TERRORIST spect to Iran. tions and human capital. ACTS. (a) IN GENERAL.—Section 2335 of title 18, SA 3233. Mr. WARNER (for himself SA 3234. Ms. KLOBUCHAR (for her- United States Code, is amended— and Mr. CORNYN) submitted an amend- self, Ms. SNOWE, Mr. TOOMEY, and Ms.

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.072 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7247 MIKULSKI) submitted an amendment in- dence of such factors or their contributions SEC. 903. INFORMATION FOR DEPUTY CHIEF tended to be proposed by her to the bill to sexual assaults.’’. MANAGEMENT OFFICER OF THE DE- PARTMENT OF DEFENSE FROM THE S. 3254, to authorize appropriations for (b) EFFECTIVE DATE.—The amendments MILITARY DEPARTMENTS AND DE- fiscal year 2013 for military activities made by this section shall take effect on the FENSE AGENCIES FOR DEFENSE of the Department of Defense, for mili- date of the enactment of this Act, and shall BUSINESS SYSTEM INVESTMENT RE- tary construction, and for defense ac- apply beginning with the report required to VIEWS. be submitted by March 1, 2014, under section Section 2222(g) of title 10, United States tivities of the Department of Energy, Code, is amended by adding at the end the to prescribe military personnel 1631 of the Ike Skelton National Defense Au- thorization Act for Fiscal Year 2011 (as following new paragraph: strengths for such fiscal year, and for ‘‘(3)(A) The investment management proc- amended by subsection (a)). other purposes; which was ordered to ess required by paragraph (1) shall include lie on the table; as follows: requirements for the military departments At the end of subtitle E of title V, add the SA 3235. Mrs. BOXER submitted an and the Defense Agencies to submit to the following: Deputy Chief Management Officer such in- amendment intended to be proposed by formation on covered defense business sys- SEC. 544. ENHANCEMENT OF ANNUAL REPORTS her to the bill S. 3254, to authorize ap- REGARDING SEXUAL ASSAULTS IN- tem programs as the Deputy Chief Manage- VOLVING MEMBERS OF THE ARMED propriations for fiscal year 2013 for ment Officer shall require for the review of FORCES. military activities of the Department defense business system programs under the (a) IN GENERAL.—Section 1631(b) of the Ike of Defense, for military construction, process. Such information shall be submitted Skelton National Defense Authorization Act and for defense activities of the De- to the Deputy Chief Management Officer in a for Fiscal Year 2011 (10 U.S.C. 1561 note) is partment of Energy, to prescribe mili- standardized format established by the Dep- amended— uty Chief Management Officer for purposes (1) by striking paragraph (3) and inserting tary personnel strengths for such fiscal of this paragraph. the following new paragraph (3): year, and for other purposes; which was ‘‘(3) A synopsis of each such substantiated ordered to lie on the table; as follows: SA 3237. Mr. COBURN submitted an case, organized by offense, and, for each such amendment intended to be proposed by On page 394, between lines 7 and 8, insert case, the action taken in such case, includ- him to the bill S. 3254, to authorize ap- the following: ing the following information: propriations for fiscal year 2013 for ‘‘(A) The type of disciplinary or adminis- SEC. 1084. NO REGULATION OF AMMUNITION OR military activities of the Department trative sanction imposed, if any, including FISHING TACKLE PENDING STUDY of Defense, for military construction, courts-martial sentences, non-judicial pun- OF HEALTH AND ENVIRONMENTAL ishments administered by commanding offi- EFFECTS. and for defense activities of the De- partment of Energy, to prescribe mili- cers pursuant to section 815 of title 10, (a) NO REGULATION OF AMMUNITION OR FISH- tary personnel strengths for such fiscal United States Code (article 15 of the Uniform ING TACKLE.—The Administrator of the Envi- Code of Military Justice), and administra- ronmental Protection Agency shall not issue year, and for other purposes; which was tive separations. any proposed or final rule or guidance to reg- ordered to lie on the table; as follows: ‘‘(B) A description of and rationale for the ulate any chemical substance or mixture in At the end of subtitle A of title IX, add the final disposition and punishment, regardless ammunition or fishing tackle under the following: of type of disciplinary or administrative Toxic Substances Control Act (15 U.S.C. 2601 SEC. 903. FAILURE OF THE DEPARTMENT OF DE- sanction imposed. et seq.) during the period beginning on the FENSE TO OBTAIN AUDITS WITH AN ‘‘(C) The unit and location of service at date of enactment of this Act and ending on UNQUALIFIED OPINION ON ITS FI- which the incident occurred. NANCIAL STATEMENTS BY FISCAL the date of the publication of the study re- ‘‘(D) Whether the accused was previously YEAR 2017. quired by subsection (b). accused of a substantiated sexual assault or If the Department of Defense fails to ob- sexual harassment. (b) STUDY OF POTENTIAL HUMAN HEALTH tain an audit with an unqualified opinion on ‘‘(E) Whether the accused was admitted to AND ENVIRONMENTAL EFFECTS.— its financial statements for fiscal year 2017, the Armed Forces under a moral waiver (1) IN GENERAL.—Not later than December the following shall take effect, effective as of granted with respect to prior sexual mis- 31, 2013, the Secretary of Health and Human the date of the issuance of the opinion on conduct. Services, the Commissioner of Food and such audit: ‘‘(F) Whether alcohol was involved in the Drugs, the Administrator of the Environ- (1) REORGANIZATION OF RESPONSIBILITIES OF incident. mental Protection Agency, and the Sec- CHIEF MANAGEMENT OFFICER.— ‘‘(G) If the member was administratively retary of the Interior shall jointly prepare (A) POSITION OF CHIEF MANAGEMENT OFFI- separated or, in the case of an officer, al- and publish a study that describes the poten- CER.—Section 132a of title 10, United States lowed to resign in lieu of facing a court-martial threats to human health (including to Code, is amended to read as follows: tial, the characterization given the service pregnant women, children, and other vulner- ‘‘§ 132a. Chief Management Officer of the member upon separation.’’; and able populations) and to the environment ‘‘(a) IN GENERAL.—(1) There is a Chief Man- (2) by adding at the end the following new from the use of— agement Officer of the Department of De- paragraphs (A) lead and toxic substances in ammuni- fense, appointed from civilian life by the ‘‘(7) The number of applications submitted tion and fishing tackle; and President, by and with the advice and con- under section 673 of title 10, United States (B) commercially available and less toxic sent of the Senate. Code, during the year covered by the report alternatives to lead and toxic substances in ‘‘(2) Any individual nominated for appoint- for a permanent change of station or unit ammunition and fishing tackle. ment as Chief Management Officer shall be transfer for members of the Armed Forces on (2) USE.—The Administrator of the Envi- an individual who has— active duty who are the victim of a sexual ronmental Protection Agency shall use, as ‘‘(A) extensive executive level leadership assault or related offense, the number of ap- appropriate, the findings of the report re- and management experience in the public or plications denied, and, for each application quired by paragraph (1) when considering private sector; denied, a description of the reasons why such any potential future decision related to a ‘‘(B) strong leadership skills; application was denied. chemical substance or mixture when the sub- ‘‘(C) a demonstrated ability to manage ‘‘(8) An analysis and assessment of trends stance or mixture is used in ammunition or large and complex organizations; and in the incidence, disposition, and prosecution fishing tackle. ‘‘(D) a proven record in achieving positive of sexual assaults by commands and installa- operational results. tions during the year covered by the report, ‘‘(b) POWERS AND DUTIES.—The Chief Man- including trends relating to prevalence of in- SA 3236. Mr. COBURN submitted an agement Officer shall perform such duties cidents, prosecution of incidents, and avoid- amendment intended to be proposed by and exercise such powers as the Secretary of ance of incidents. him to the bill S. 3254, to authorize ap- Defense may prescribe. ‘‘(9) An assessment of the adequacy of sex- propriations for fiscal year 2013 for ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- ual assault prevention and response activi- military activities of the Department CER.—(1) The Chief Management Officer is ties carried out by training commands dur- of Defense, for military construction, the Chief Management Officer of the Depart- ing the year covered by the report. ment of Defense. ‘‘(10) An analysis of the specific factors and for defense activities of the De- ‘‘(2) In serving as the Chief Management that may have contributed to sexual assault partment of Energy, to prescribe mili- Officer of the Department of Defense, the during the year covered by the report, in- tary personnel strengths for such fiscal Chief Management Officer shall be respon- cluding sexual harassment and substance year, and for other purposes; which was sible for the management and administra- abuse, an assessment of the role of such fac- ordered to lie on the table; as follows: tion of the Department of Defense with re- tors in contributing to sexual assaults dur- spect to the following: ing that year, and recommendations for At the end of subtitle A of title IX, add the ‘‘(A) The expenditure of funds, accounting, mechanisms to eliminate or reduce the inci- following: and finance.

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.079 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7248 CONGRESSIONAL RECORD — SENATE November 29, 2012 ‘‘(B) Procurement, including procurement nance and Accounting Service (DFAS) is At the end of subtitle G of title X, add the of any enterprise resource planning (ERP) transferred from the Department of Defense following: system and any information technology (IT) to the Department of the Treasury. SEC. 1074. BRIEFINGS ON DIALOGUE BETWEEN system that is a financial feeder system, (B) ADMINISTRATION.—The Secretary of the THE UNITED STATES AND THE RUS- human resources system, or logistics system. Treasury shall administer the Defense Fi- SIAN FEDERATION ON NUCLEAR ‘‘(C) Facilities, property, nonmilitary nance and Accounting Service following ARMS, MISSILE DEFENSE, AND equipment, and other resources. transfer under this paragraph through the LONG-RANGE CONVENTIONAL STRIKE SYSTEMS. ‘‘(D) Strategic planning, and annual per- Financial Management Service of the De- (a) BRIEFINGS.—Not later than 60 days after formance planning, and identification and partment of the Treasury. the date of the enactment of this Act, and tracking of performance measures. (C) MEMORANDUM OF UNDERSTANDING.—The not less than twice each year thereafter, the ‘‘(E) Internal audits and management anal- Secretary of Defense and the Secretary of President, or the President’s designee, shall yses of the programs and activities of the the Treasury shall jointly enter into a brief the Committees on Foreign Relations Department, including the Defense Contract memorandum of understanding regarding the and Armed Services of the Senate on the dia- Audit Agency. transfer of jurisdiction of the Defense Fi- logue between the United States and the ‘‘(F) Such other areas or matters as the nance and Accounting Service under this Russian Federation on issues related to lim- Secretary of Defense may designate. paragraph. The memorandum of under- ‘‘(3) The head of the Defense Contract standing shall provide for the transfer of the its or controls on nuclear arms, missile de- Audit Agency shall be under the supervision personnel and other resources of the Service fense systems, or long-range conventional of, and shall report directly to, the Chief to the Department of the Treasury and for strike systems. (b) SENSE OF THE SENATE ON CERTAIN Management Officer. the assumption of responsibility for such AGREEMENTS.—It is the sense of the Senate ‘‘(d) PRECEDENCE.—The Chief Management personnel and resources by the Department Officer takes precedence in the Department of the Treasury. that any agreement between the United of Defense after the Secretary of Defense and (D) CONSTRUCTION.—Nothing in this para- States and the Russian Federation related to the Deputy Secretary of Defense.’’. graph shall be construed as terminating, al- missile defense, nuclear weapons, or long- range conventional strike systems obli- (B) CONFORMING AMENDMENTS.— tering, or revising any responsibilities or au- (i) Section 131(b) of title 10, United States thorities of the Defense Finance and Ac- gating the United States to reduce or limit Code, is amended— counting Service (other than responsibilities the Armed Forces or armaments of the (I) by striking paragraph (3); and authorities in connection with the exer- United States in any militarily significant (II) by redesignating paragraph (2) as para- cise of jurisdiction of the Service following manner may be made only pursuant to the graph (3); and transfer under this paragraph). treaty-making power of the President as set (III) by inserting after paragraph (1) the forth in Article II, section 2, clause 2 of the following new paragraph (2): SA 3238. Mr. KYL (for himself, Mr. Constitution of the United States. RISCH, and Mr. HELLER) submitted an ‘‘(2) The Chief Management Officer of the Mr. CARPER (for himself, Department of Defense.’’. amendment intended to be proposed by SA 3240. (ii) Section 132 of such title is amended— him to the bill S. 3254, to authorize ap- Mr. BROWN of Massachusetts, Ms. COL- (I) by striking subsection (c); and propriations for fiscal year 2013 for LINS, Mr. COBURN, and Mr. PRYOR) sub- (II) by redesignating subsections (d) and (e) military activities of the Department mitted an amendment intended to be as subsections (c) and (d), respectively. of Defense, for military construction, proposed by him to the bill S. 3254, to (iii) Section 133(e)(1) of such title is amend- and for defense activities of the De- authorize appropriations for fiscal year ed by striking ‘‘and the Deputy Secretary of partment of Energy, to prescribe mili- 2013 for military activities of the De- Defense’’ and inserting ‘‘, the Deputy Sec- tary personnel strengths for such fiscal partment of Defense, for military con- retary of Defense, and the Chief Management struction, and for defense activities of Officer of the Department of Defense’’. year, and for other purposes; which was (iv) Such title is further amended by in- ordered to lie on the table; as follows: the Department of Energy, to prescribe serting ‘‘the Chief Management Officer of At the end of subtitle D of title XIV, add military personnel strengths for such the Department of Defense,’’ after ‘‘the Dep- the following: fiscal year, and for other purposes; uty Secretary of Defense,’’ each place it ap- SEC. 1433. POLICY OF THE UNITED STATES WITH which was ordered to lie on the table; pears in the provisions as follows: RESPECT TO A DOMESTIC SUPPLY as follows: (I) Section 133(e)(2). OF CRITICAL AND ESSENTIAL MIN- ERALS. On page 394, between lines 7 and 8, insert (II) Section 134(c). the following: (v) Section 137a(d) of such title is amended (a) POLICY OF THE UNITED STATES.—It is by striking ‘‘the Secretaries of the military the policy of the United States to promote Subtitle I—Federal Real Property Asset departments,’’ and all that follows and in- the development of an adequate, reliable, Management Reform and stable supply of critical and essential serting ‘‘the Chief Management Officer of SECTION 1091. SHORT TITLE. minerals in the United States in order to the Department of Defense, the Secretaries This subtitle may be cited as the ‘‘Federal strengthen and sustain the military readi- of the military departments, and the Under Real Property Asset Management Reform ness, national security, and critical infra- Secretaries of Defense.’’. Act of 2012’’. structure of the United States. SEC. 1092. TABLE OF CONTENTS. (vi) Section 138(d) of such title is amended (b) COORDINATION OF DEVELOPMENT OF SUP- The table of contents of this subtitle is as by striking ‘‘the Secretaries of the military PLY OF CRITICAL AND ESSENTIAL MINERALS.— departments,’’ and all that follows through To implement the policy described in sub- follows: the period and inserting ‘‘the Chief Manage- section (a), the President shall, acting Sec. 1091. Short title. ment Officer of the Department of Defense, through the Executive Office of the Presi- Sec. 1092. Table of contents. the Secretaries of the military departments, dent, coordinate the actions of the Secretary Sec. 1093. Expedited disposal of real prop- the Under Secretaries of Defense, and the Di- of Defense, the Secretary of the Interior, and erty. rector of Defense Research and Engineer- the Secretary of Agriculture to identify op- Sec. 1094. Property management policy. ing.’’. portunities for and to facilitate the develop- Sec. 1095. Consideration of life-cycle cost re- (C) CLERICAL AMENDMENT.—The table of ment of resources in the United States to quired. sections at the beginning of chapter 4 of such meet the critical and essential mineral needs SEC. 1093. EXPEDITED DISPOSAL OF REAL PROP- title is amended by striking the item relat- of the United States. ERTY. ing to section 132a and inserting the fol- Chapter 5 of subtitle I of title 40, United lowing new item: SA 3239. Mr. KYL (for himself, Mr. States Code, is amended by adding at the end ‘‘132a. Chief Management Officer.’’. LIEBERMAN, Mr. INHOFE, Mr. RISCH, Mr. the following: ‘‘SUBCHAPTER VII—EXPEDITED (D) EXECUTIVE SCHEDULE.—Section 5313 of LUGAR, Mr. SESSIONS, Mr. DEMINT, Mr. title 5, United States Code, is amended by CORNYN, Mr. RUBIO, Mr. WICKER, Ms. DISPOSAL OF REAL PROPERTY adding at the end the following: AYOTTE, Ms. COLLINS, Mr. CORKER, and ‘‘§ 621. Definitions ‘‘Chief Management Officer of the Depart- Mr. VITTER) submitted an amendment ‘‘In this subchapter: ment of Defense.’’. intended to be proposed by him to the ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- (E) REFERENCE IN LAW.—Any reference in bill S. 3254, to authorize appropriations trator’ means the Administrator of General any provision of law to the Chief Manage- for fiscal year 2013 for military activi- Services. ment Officer of the Department of Defense ties of the Department of Defense, for ‘‘(2) COUNCIL.—The term ‘Council’ means shall be deemed to refer to the Chief Man- military construction, and for defense the Federal Real Property Council estab- agement Officer of the Department of De- lished by section 623(a). activities of the Department of Energy, fense under section 132a of title 10, United ‘‘(3) DIRECTOR.—The term ‘Director’ means States Code (as amended by this paragraph). to prescribe military personnel the Director of the Office of Management (2) JURISDICTION OF DFAS.— strengths for such fiscal year, and for and Budget. (A) TRANSFER TO DEPARTMENT OF THE other purposes; which was ordered to ‘‘(4) DISPOSAL.—The term ‘disposal’ means TREASURY.—Jurisdiction of the Defense Fi- lie on the table; as follows: any action that constitutes the removal of

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.077 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7249 any real property from the Federal inven- ‘‘(8) obtain underutilized properties from ‘‘(C) an evaluation of the leasing process in tory, including sale, deed, demolition, or ex- other Federal agencies to meet mission effect as of the date of submission of the re- change. needs before acquiring non-Federal property; port to identify and document inefficiencies ‘‘(5) FEDERAL AGENCY.—The term ‘Federal and in that process; agency’ means— ‘‘(9) adopt workplace practices, configura- ‘‘(D) a suggested strategy to reduce the re- ‘‘(A) an executive department or inde- tions, and management techniques that can liance of Federal agencies on leased space for pendent establishment in the executive achieve increased levels of productivity and long-term needs if ownership would be less branch of the Government; and decrease the need for real property assets. costly; and ‘‘(B) a wholly owned Government corpora- ‘‘§ 623. Establishment of a Federal Real Prop- ‘‘(E) an assessment of federally leased tion. erty Council space, including— ‘‘(6) REAL PROPERTY.— ‘‘(a) ESTABLISHMENT.—There is established ‘‘(i) a description of the overall quantity ‘‘(A) IN GENERAL.—The term ‘real property’ a Federal Real Property Council. and type of space leased by Federal agencies; means any Federal real property asset. ‘‘(b) PURPOSE.—The purpose of the Council and ‘‘(B) INCLUSIONS.—The term ‘real property’ shall be to develop guidance for the asset ‘‘(ii) an identification of current contracts includes— management program of each Federal agen- for leased office space in which the leased ‘‘(i) Federal buildings (as defined in section cy. space is not fully used or occupied (including 3301); and ‘‘(c) COMPOSITION.— a plan for subletting of unoccupied space if ‘‘(ii) occupied and improved grounds, ‘‘(1) IN GENERAL.—The Council shall be appropriate); leased space, or other physical structures composed exclusively of— ‘‘(F) an analysis of all underutilized prop- under the custody and control of any Federal ‘‘(A) the senior real property officers of erty under the jurisdiction of each Federal agency. each executive agency; agency that can be removed from the Fed- ‘‘(C) EXCLUSIONS.—The terms ‘real prop- ‘‘(B) the Deputy Director for Management eral inventory and sold for proceeds, trans- erty’ does not include— of the Office of Management and Budget; ferred, or otherwise disposed of, so as to re- ‘‘(i) any military installation (as defined in ‘‘(C) the Controller of the Office of Man- duce the civilian real property inventory and section 2910 of the Defense Base Closure and agement and Budget; associated operating costs of the Federal Realignment Act of 1990 (10 U.S.C. 2687 note; ‘‘(D) the Administrator; and Government; Public Law 101–510)); ‘‘(E) any other full-time or permanent ‘‘(G) an asset disposal plan, or an update of ‘‘(ii) any property that is excepted from part-time Federal officials or employees, as an asset disposal plan, that includes an an- the definition of the term ‘property’ under the Chairperson determines to be necessary. nual goal established under section 622(5) to section 102; ‘‘(2) CHAIRPERSON.—The Deputy Director be used by Federal agencies in reducing, by ‘‘(iii) a designated wilderness study area or for Management of the Office of Management not later than 5 years after the date of enact- other areas managed for wilderness charac- and Budget shall serve as Chairperson of the ment of this subchapter, underutilized prop- teristics; Council. erty in the inventory of the Federal Govern- ‘‘(iv) Indian and native Eskimo property ‘‘(3) ADMINISTRATIVE SUPPORT.—The Office ment; held in trust by the Federal Government as of Management and Budget shall provide ‘‘(H) the number of real property disposals described in section 3301(a)(5)(C)(iii); funding and administrative support for the completed, including the disposal method ‘‘(v) property operated and maintained by Council, as appropriate. used for each individual real property; and the Tennessee Valley Authority pursuant to ‘‘(d) DUTIES.—The Council, in consultation ‘‘(I) specific milestones, measurable sav- the Tennessee Valley Authority Act of 1933 with the Director and the Administrator, ings, and evaluation criteria for the disposal (16 U.S.C. 831 et seq.); shall— of real property under this subchapter; ‘‘(vi) postal property owned by the United ‘‘(1) establish an asset management plan, ‘‘(4) in accordance with subsection (e), States Postal Service; or to be updated annually, which shall include identify and compile a list of real property ‘‘(vii) any property the Director excludes performance measures to determine the ef- for reasons of national security. assets that are field offices that are suitable fectiveness of real property management for co-location into other real property as- ‘‘(7) FIELD OFFICE.—The term ‘field office’ that are designed— sets; and means any office of a Federal agency that is ‘‘(A) to enable Congress and heads of Fed- not the headquarters office location for the ‘‘(5)(A) review contracts for leased office eral agencies to track progress in the space that are in effect as of the date of sub- Federal agency. achievement of property management objec- ‘‘(8) SMALL BUSINESS CONCERN.—The term mission of the report; and tives on a government-wide basis; and ‘‘(B) work with Federal agencies to renego- ‘small business concern’ has the meaning ‘‘(B) allow for comparison of the perform- given the term in section 3 of the Small tiate leases having at least 2 years remain- ance of Federal agencies against industry ing in the term of the leases to recognize po- Business Act (15 U.S.C. 632). and other public sector agencies in terms of ‘‘(9) UNDERUTILIZED PROPERTY.—The term tential cost savings as quickly as prac- performance; ticable. ‘underutilized property’ means any real ‘‘(2) develop standard use rates consistent property that is— throughout each category of space and with ‘‘(e) CO-LOCATION AMONG POSTAL SERVICE ‘‘(A) excess; nongovernmental space use rates; PROPERTIES.— ‘‘(B) surplus; ‘‘(3) not later than 180 days after the date ‘‘(1) DEFINITION OF POSTAL PROPERTY.—In ‘‘(C) underperforming; or of enactment of this subchapter, and annu- this subsection, the term ‘Postal property’ ‘‘(D) otherwise not meeting the needs of ally for a 5-year period thereafter, submit to means any building owned by the United the Federal Government, as determined by the Committees on Environment and Public States Postal Service. the Director. Works and Homeland Security and Govern- ‘‘(2) IDENTIFICATION OF REAL PROPERTY AS- ‘‘§ 622. Duties of Federal agencies mental Affairs of the Senate and the Com- SETS.—Each year, the Council shall— ‘‘Each Federal agency shall— mittees on Transportation and Infrastruc- ‘‘(A) identify and compile a list of field of- ‘‘(1) maintain adequate inventory controls ture and Oversight and Government Reform fices that are suitable for co-location with and accountability systems for real property of the House of Representatives a report that another real property asset; and under the control of the agency; contains— ‘‘(B) submit the list to the Director of the ‘‘(2) define current and future workforce ‘‘(A) an analysis of the existing inventory Office of Management and Budget and the projections so as to have the capacity to as- of real property and the condition of that Postmaster General. sess the needs of the Federal workforce re- property, including data relating to— ‘‘(3) POSTAL PROPERTY.— garding the use of real property; ‘‘(i) the age and condition of the property; ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(3) continuously survey real property ‘‘(ii) the size on the property in square after the completion of the list under para- under the control of the agency to identify footage and acreage; graph (2), the Director of the Office of Man- underutilized property; ‘‘(iii) the geographical location of the prop- agement and Budget, in collaboration with ‘‘(4) promptly report underutilized property, including an address and description; the Postmaster General, shall identify field erty to the Administrator; ‘‘(iv) operating costs associated with the offices on the list that are within reasonable ‘‘(5) establish goals that lead the agency to property; distance of a Postal property. reduce underutilized property in the inven- ‘‘(v) the history of capital expenditures as- ‘‘(B) REASONABLE DISTANCE.—For purposes tory of the agency not later than December sociated with the property; of this paragraph, a field office shall be con- 31, 2016; ‘‘(vi) sustainability metrics associated sidered within reasonable distance of a Post- ‘‘(6) reassign underutilized property to an- with the property; al property if the office would be able to ful- other activity within the agency if the prop- ‘‘(vii) the number of Federal employees fill the mission of the office if the office is erty is no longer required for purposes of the and functions housed in the property; and located at the Postal property. appropriation used to make the purchase; ‘‘(viii) the relevance of each property to ‘‘(C) REVIEW BY POSTAL SERVICE.—Not later ‘‘(7) transfer underutilized property under the mission of the Federal agency; than 90 days after the receipt of the list sub- the control of the agency to other Federal ‘‘(B) a list of real property assets that are mitted under paragraph (3)(B), the Post- agencies and to organizations specified in field offices that are suitable for co-location master General shall— section 321(c)(2); into another real property asset; ‘‘(i) review the list; and

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‘‘(ii) submit to the Director of the Office of the applicable Federal agency, is structured ‘‘(A) IN GENERAL.—Underutilized property Management and Budget a report containing and marketed to ensure the maximum the predominant use of which is other than the conclusions of the review. amount of net proceeds. housing, and the area of which is equal to or ‘‘(4) TERMS OF CO-LOCATION.—On approval ‘‘(D) MONETARY PROCEEDS REQUIREMENT.— greater than 25,000 square feet or the ap- of the recommendations under paragraph (4) ‘‘(i) IN GENERAL.—Underutilized property praised fair market value of which exceeds by the Postmaster General and the applica- may be sold under this section only if dis- $2,000,000, shall be considered to be unsuit- ble agency head, the co-location of a Postal posal of the property will generate monetary able for disposal under this subsection. property and an field office shall consist of proceeds to the Federal Government that ex- ‘‘(B) APPRAISED FAIR MARKET VALUE.—The the Executive agency that owns or leases the ceed the costs of disposal of the property. appraised fair market value described in sub- field office entering into a lease for space ‘‘(ii) PROHIBITIONS ON NONCASH TRANS- paragraph (A) shall be determined by the within the Postal property with United ACTIONS.—A disposal of underutilized prop- Federal agency with custody or control of States Postal Service that has— erty under this section may not include any the property, in consultation with the Ad- ‘‘(A) an initial lease term of not less than exchange, trade, transfer, acquisition of the ministrator and standard appraisal practice. 5 years; like-kind property, or other noncash trans- ‘‘(d) ENFORCEMENT.— ‘‘(B) a cost that is within 5 percent of the action as part of the disposal. ‘‘(1) IN GENERAL.— prevailing market lease rate for a similarly ‘‘(2) APPLICABILITY OF CERTAIN LAW.—Any ‘‘(A) INCREASE IN SIZE OF INVENTORY.—Ex- situated space identified under this sub- expedited disposal of underutilized property cept as provided in subparagraph (B) and section.’’. conducted under this section shall not be paragraph (2) and , if a Federal agency fails to make available for public sale the under- SEC. 1094. PROPERTY MANAGEMENT POLICY. subject to— utilized properties described in subsection (a) IN GENERAL.—Chapter 5 of subtitle I of ‘‘(A) any section of An Act Authorizing the (a) by the date that is 18 months after the title 40, United States Code (as amended by Transfer of Certain Real Property for Wild- date of a determination by the Director title I) is amended by adding at the end the life, or other Purposes (16 U.S.C. 667b); under subsection (a), that Federal agency, following: ‘‘(B) sections 107 and 317 of title 23; except for specific exceptions promulgated ‘‘§ 624. Database ‘‘(C) sections 545(b)(8), 550, 553, 554, and 1304(b) of this title; by the Director, shall not increase the size of ‘‘The Administrator shall— ‘‘(D) section 501 of the McKinney-Vento the civilian real property inventory, unless ‘‘(1) not later than 1 year after the date of Homeless Assistance Act (42 U.S.C. 11411); the square footage of the increase is offset, enactment of this subchapter, establish and ‘‘(E) section 47151 of title 49; within an appropriate time as determined by maintain a single, comprehensive, and de- the Director, through consolidation, coloca- ‘‘(F) section 13(d) of the Surplus Property scriptive database of all real property under tion, or disposal of another building space Act of 1944 (50 U.S.C. App. 1622(d)); the custody and control of all Federal branch from the inventory of that agency. ‘‘(G) any other provision of law authorizing agencies, except when otherwise required for ‘‘(B) EXCEPTION.—Subparagraph (A) shall the conveyance of real property owned by reasons of national security; not apply to a Federal agency that acquires the Federal Government for no consider- ‘‘(2) collect from each Federal agency such any real property not under the administra- ation; or descriptive information (except for classified tive jurisdiction of the Federal Government, ‘‘(H) any congressional notification re- information) as the Administrator deter- by sale or lease, until the Director submits a quirement other than that in section 545 of mines will best describe the nature, use, and certification to Congress of the disposal of this title. extent of real property holdings for the Fed- all of those surplus real properties. eral Government; and ‘‘(b) USE OF PROCEEDS.— ‘‘(2) WAIVER.—Paragraph (1) shall not apply ‘‘(3) to the extent consistent with national ‘‘(1) IN GENERAL.—Of the proceeds received to a Federal agency if— security, make the database established from the disposal of any real property under ‘‘(A) the Federal agency submits to the Di- under paragraph (1) accessible to the public this subchapter— rector and the Committees on Environment at no cost through the website of the General ‘‘(A) not less than 80 percent shall be re- and Public Works and Homeland Security Services Administration. turned to the general fund of the Treasury and Governmental Affairs of the Senate and for debt reduction; the Committees on Transportation and In- ‘‘§ 625. Limitation on certain leasing authori- ‘‘(B) the lesser of 18 percent or the share of ties frastructure and Oversight and Government proceeds otherwise authorized to be retained Reform of the House of Representatives a ‘‘Notwithstanding any other provision of under law shall be retained by Federal agen- written justification describing— this subchapter, a Federal agency with inde- cies, subject to paragraph (2); ‘‘(i) the reasons why the surplus real prop- pendent leasing authority shall— ‘‘(C) not more than 2 percent shall be made erties described in subsection (a) under the ‘‘(1) consult with the Administrator for all available to carry out section 627, subject to jurisdiction of the Federal agency were not leases requiring a prospectus under section annual appropriations; and disposed of; or 3307; ‘‘(D) any remaining share of the proceeds ‘‘(ii) why the restriction on growth without ‘‘(2) acquire space at rates consistent with shall be returned to the general fund of the an identified offset obstructs the perform- prevailing market rates for comparable fa- Treasury for Federal budget deficit reduc- ance of a mission-critical function; and cilities within the specified geographical tion. ‘‘(B) Congress enacts a law approving the area; and ‘‘(2) LIMITATION ON USE OF PROCEEDS.—Any waiver. ‘‘(3) not later than 180 days after the date proceeds retained by Federal agencies under ‘‘(3) OMB SCORECARD.— of enactment of this subchapter and annu- this section shall be— ‘‘(A) IN GENERAL.—The Director shall pre- ally thereafter, submit to the Administrator ‘‘(A) deposited into the appropriate real pare an annual scorecard measuring the suc- a report that describes the use of the inde- property account of the agency that had cus- cess of each Federal agency in achieving sav- pendent leasing authority during the period tody and accountability for the underutilized ings under this subchapter. covered by the report. property, with the funds expended only as ‘‘(B) GOVERNMENT-WIDE SAVINGS.—The Di- ‘‘§ 626. Expedited disposal program authorized in annual appropriations Acts; rector shall use the scorecard described in ‘‘(a) IN GENERAL.— ‘‘(B) used— subparagraph (A) to determine whether the ‘‘(1) REQUIRED DISPOSAL.— ‘‘(i) by not later than 1 year after the date sum of the savings of each agency is at least ‘‘(A) IN GENERAL.—On an annual basis, the of disposal of the real property; and $15,000,000,000 over a 10-year period. Director shall require Federal agencies to ‘‘(ii) only for activities relating to Federal ‘‘(4) REPORT.—Not later than 1 year after dispose of, by sale, transfer, or other means real property asset management and dis- the date of enactment of this subchapter and of disposal, any real property determined by posal; and once for every 5-year period thereafter, the the Director to be underutilized property. ‘‘(C) if not used by the date described in Council shall submit to the Director a report ‘‘(B) COSTS ASSOCIATED WITH DISPOSAL.— subparagraph (A)(i), shall be deposited in the listing each Federal agency that fails to ‘‘(i) IN GENERAL.—The Administrator may Treasury and used for Federal budget deficit meet the applicable underutilized property obligate an amount to pay any direct and in- reduction. reduction goal established under section direct costs under section 572 related to iden- ‘‘(c) PUBLIC BENEFIT.— 622(5), along with a list of the remaining un- tifying and preparing properties to be re- ‘‘(1) CONVEYANCE.—If an underutilized derutilized properties of the Federal agency. ported as excess by a Federal agency. property has not been disposed of by the date ‘‘(e) TERMINATION OF AUTHORITY.—The au- ‘‘(ii) REIMBURSEMENT.—An amount obli- that is 2 years after the date the property is thority provided by this section terminates gated under clause (i) shall be paid from the listed for sale, the Director, in consultation on the date that is 5 years after the date of proceeds of any sale of underutilized prop- with the Administrator and the Secretary of enactment of this subchapter. erty. Housing and Urban Development, may con- ‘‘§ 627. Homeless assistance grants ‘‘(iii) NET PROCEEDS.—Net proceeds shall be sider a request from the disposing agency ‘‘(a) DEFINITIONS.—In this section: distributed under subsection (b). that the underutilized property be conveyed ‘‘(1) ELIGIBLE NONPROFIT ORGANIZATION.— ‘‘(C) MAXIMUM NET PROCEEDS.—Underuti- to State and local governments or nonprofit The term ‘eligible nonprofit organization’ lized property required to be disposed of by organizations for various public purposes or means a nonprofit organization that is a rep- sale of under subparagraph (A) shall be sold uses as permitted by applicable law. resentative of the homeless. at an auction that, as determined by the Ad- ‘‘(2) PREDOMINANT USE AND SIZE STAND- ‘‘(2) HOMELESS.—The term ‘homeless’ has ministrator in consultation with the head of ARDS.— the meaning given the term in section 103 of

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the McKinney-Vento Homeless Assistance ‘‘(1) DEFINITIONS.—In this subsection: tration of the House of Representatives, the Act (42 U.S.C. 11302), except that subsection ‘‘(A) LIFE-CYCLE COST.—The term ‘life- Secretary of the Senate, or the Clerk of the (c) of that section shall not apply. cycle cost’ means the sum of the following House of Representatives requests that an ‘‘(3) PERMANENT HOUSING.—The term ‘per- costs, as estimated for the lifetime of a audit be conducted at an earlier date,’’. manent housing’ has the meaning given the building: (b) JUDICIAL SURVIVORS’ ANNUITIES FUND term section 401 of the McKinney-Vento ‘‘(i) Investment costs. AUDIT BY GAO.— Homeless Assistance Act (42 U.S.C. 11360). ‘‘(ii) Capital costs. (1) IN GENERAL.—Section 376 of title 28, ‘‘(4) PRIVATE NONPROFIT ORGANIZATION.— ‘‘(iii) Installation costs. United States Code, is amended— The term ‘private nonprofit organization’ ‘‘(iv) Energy costs. (A) by striking subsection (w); and has the meaning given the term in section ‘‘(v) Operating costs. (B) by redesignating subsections (x) and (y) 401 of the McKinney-Vento Homeless Assist- ‘‘(vi) Maintenance costs. as subsections (w) and (x), respectively. ance Act (42 U.S.C. 11360). ‘‘(vii) Replacement costs. (2) TECHNICAL AND CONFORMING AMEND- ‘‘(5) REPRESENTATIVE OF THE HOMELESS.— ‘‘(B) LIFETIME OF A BUILDING.—The term MENT.—Section 376(h)(2) of title 28, United The term ‘representative of the homeless’ ‘lifetime of a real property asset’ means, States Code, is amended by striking ‘‘sub- has the meaning given the term in section with respect to an asset, the greater of— section (x)’’ and inserting ‘‘subsection (w)’’. 501(i) of the McKinney-Vento Homeless As- ‘‘(i) the period of time during which the (c) ONDCP ANNUAL REPORT REQUIRE- sistance Act (42 U.S.C. 11411(i)). asset is projected to be used; or MENT.—Section 203 of the Office of National ‘‘(6) SECRETARY.—The term ‘Secretary’ ‘‘(ii) 50 years. Drug Control Policy Reauthorization Act of means the Secretary of Housing and Urban ‘‘(2) REQUIREMENT.—The Council shall en- 2006 (21 U.S.C. 1708a) is amended— Development. sure that the life-cycle cost of a real prop- (1) in subsection (a), by striking ‘‘of each ‘‘(7) TRANSITIONAL HOUSING.—The term erty asset is considered in the construction year’’ and inserting ‘‘, 2013, and every 3 years ‘transitional housing’ has the meaning given or lease of a real property asset described in the term in section 401 of the McKinney- thereafter,’’; and paragraph (3). (2) in subsection (b), in the matter pre- Vento Homeless Assistance Act (42 U.S.C. ‘‘(3) FEDERAL PUBLIC BUILDINGS SUBJECT TO 11360). ceding paragraph (1), by striking ‘‘at a fre- REQUIREMENT.—A real property asset shall be quency of not less than once per year—’’ and ‘‘(b) GRANT AUTHORITY.— subject to the requirement under paragraph ‘‘(1) IN GENERAL.—To the extent amounts inserting ‘‘not later than December 31, 2013, (2) if— and every 3 years thereafter—’’. are made available under section 626 for use ‘‘(A) construction or lease of the asset be- under this section, the Secretary shall make (d) USERRA GAO REPORT.—Section gins after the date on which the Council is grants to eligible private nonprofit organiza- 105(g)(1) of the Veterans’ Benefits Act of 2010 established; tions through the continuum of care pro- (Public Law 111–275; 38 U.S.C. 4301 note) is ‘‘(B) the estimated construction costs of gram established under subtitle C of title IV amended by striking ‘‘, and annually there- the asset exceed $1,000,000; of the McKinney-Vento Homeless Assistance after during the period when the demonstra- ‘‘(C) in the case of a lease, the square foot- Act (42 U.S.C. 11381 et seq.), to purchase tion project is conducted,’’. age of the asset is more than 25,000 square property suitable for use to assist the home- feet; and (e) SEMIPOSTAL PROGRAM REPORTS BY THE less in accordance with subsection (c). ‘‘(D) Federal funding comprises more than GENERAL ACCOUNTING OFFICE.—Section 2 of ‘‘(2) TERMS AND CONDITIONS.—Except as 50 percent of the funding for the estimated the Semipostal Authorization Act (Public otherwise provided in this section, a grant Law 106–253; 114 Stat. 636; 39 U.S.C. 416 note) under this section shall be subject to the construction or lease costs of the asset.’’. (b) TECHNICAL AND CONFORMING AMEND- is amended— same terms and conditions as a grant under MENT.—The table of sections for chapter 5 of (1) by striking subsection (c); and the continuum of care program established subtitle I of title 40, United States Code, is (2) by redesignating subsections (d) and (e) under subtitle C of title IV of the McKinney- amended by inserting after the item relating as subsections (c) and (d), respectively. Vento Homeless Assistance Act (42 U.S.C. to section 611 the following: (f) EARNED IMPORT ALLOWANCE PROGRAM 11381 et seq.). REVIEW BY GAO.—Section 231A(b)(4) of the ‘‘(c) USE OF PROPERTIES FOR HOUSING OR ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF Caribbean Basin Economic Recovery Act (19 SHELTER FOR THE HOMELESS.— REAL PROPERTY U.S.C. 2703a(b)(4)) is amended— ‘‘(1) ELIGIBLE USES.—An eligible private ‘‘621. Definitions. (1) by striking subparagraph (C); and nonprofit organization that receives a grant ‘‘622. Duties of Federal agencies. (2) by redesignating subparagraph (D) as under subsection (b) shall use the amounts ‘‘623. Establishment of a Federal Real Prop- subparagraph (C). received only to purchase or rehabilitate erty Council. real property for use to provide permanent ‘‘624. Database. (g) AMERICAN BATTLE MONUMENTS COMMIS- housing, transitional housing, or temporary ‘‘625. Limitation on certain leasing authori- SION’S FINANCIAL STATEMENTS AND AUDITS.— shelter to the homeless. ties. Section 2103(h) of title 36, United States ‘‘(2) TERM OF USE.—The Secretary may not ‘‘626. Expedited disposal program. Code, is amended— make a grant under subsection (b) to an eli- ‘‘627. Homeless assistance grants.’’. (1) in paragraph (1), by striking ‘‘of para- gible private nonprofit organization unless graph (2) of this subsection’’ and inserting the eligible private nonprofit organization SA 3241. Mr. CARPER (for himself, ‘‘of section 3515 of title 31’’; provides to the Secretary such assurances as Ms. COLLINS, and Mr. LIEBERMAN) sub- (2) in paragraph (1), by striking ‘‘(1)’’; and the Secretary determines necessary to en- mitted an amendment intended to be (3) by striking paragraph (2). sure that any property purchased or rehabili- proposed by him to the bill S. 3254, to (h) SENATE PRESERVATION FUND AUDITS.— tated using amounts received under the authorize appropriations for fiscal year Section 3(c)(6) of the Legislative Branch Ap- grant is used only for the uses described in 2013 for military activities of the De- propriations Act, 2004 (2 U.S.C. 2108(c)(6)) is amended by striking ‘‘annual audits of the paragraph (1) for a period of not less than 15 partment of Defense, for military con- years. Senate Preservation Fund’’ and inserting ‘‘(d) PREFERENCE.—In awarding grants struction, and for defense activities of ‘‘periodic audits of the Senate Preservation under subsection (b), the Secretary shall give the Department of Energy, to prescribe Fund, which shall be conducted at least once preference to eligible private nonprofit orga- military personnel strengths for such every 3 years, unless the Chairman or the nizations that operate within areas in which fiscal year, and for other purposes; Ranking Member of the Committee on Rules Federal real property is being sold under the which was ordered to lie on the table; and Administration of the Senate or the Sec- disposal program authorized under section as follows: retary of the Senate requests that an audit 626. be conducted at an earlier date,’’. ‘‘(e) REGULATIONS.—The Secretary may At the end, insert the following: promulgate such regulations as are nec- Subtitle l—GAO Mandates Revision Act SA 3242. Mr. CARPER (for himself, essary to carry out this section.’’. l SEC. 01. SHORT TITLE. Mr. BROWN of Massachusetts, and Ms. (b) REPORT OF THE COMPTROLLER GEN- This subtitle may be cited as the ‘‘GAO ERAL.—Not later than 5 years after the date COLLINS) submitted an amendment in- Mandates Revision Act of 2012’’. of enactment of this subtitle, the Comp- tended to be proposed by him to the troller General of the United States shall SEC. l02. REPEALS AND MODIFICATIONS. (a) CAPITOL PRESERVATION FUND FINANCIAL bill S. 3254, to authorize appropriations submit to Congress a report on the use by ex- for fiscal year 2013 for military activi- ecutive agencies of the authorities provided STATEMENTS.—Section 804 of the Arizona- by this subtitle and amendments made by Idaho Conservation Act of 1988 (2 U.S.C. 2084) ties of the Department of Defense, for this subtitle. is amended by striking ‘‘annual audits of the military construction, and for defense SEC. 1095. CONSIDERATION OF LIFE-CYCLE COST transactions of the Commission’’ and insert- activities of the Department of Energy, REQUIRED. ing ‘‘periodic audits of the transactions of to prescribe military personnel (a) IN GENERAL.—Section 3305 of title 40, the Commission, which shall be conducted at strengths for such fiscal year, and for United States Code, is amended by adding at least once every 3 years, unless the Chair- other purposes; which was ordered to man or the Ranking Member of the Com- the end the following: lie on the table; as follows: ‘‘(d) CONSIDERATION OF LIFE-CYCLE COST mittee on Rules and Administration of the REQUIRED.— Senate or the Committee on House Adminis- At the end, insert the following:

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.080 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7252 CONGRESSIONAL RECORD — SENATE November 29, 2012 Subtitle l—Improper Payments Elimination ‘‘(II) the oversight or financial controls to as determined by the Office of Management and Recovery Improvement Act identify and prevent improper payments and Budget’’ and inserting ‘‘with respect to SEC. l01. SHORT TITLE. under the program; and fiscal year 2014 and each fiscal year there- This subtitle may be cited as the ‘‘Im- ‘‘(ii) submit to Congress recommendations, after’’. proper Payments Elimination and Recovery which may be included in another report SEC. l05. DO NOT PAY INITIATIVE. Improvement Act of 2012’’. submitted by the Inspector General to Con- (a) PREPAYMENT AND PREAWARD PROCE- SEC. l02. DEFINITIONS. gress, for modifying any plans of the agency DURES.— In this subtitle— relating to the program, including improve- (1) IN GENERAL.—Each agency shall review (1) the term ‘‘agency’’ means an executive ments for improper payments determination prepayment and preaward procedures and en- agency as that term is defined under section and estimation methodology.’’; sure that a thorough review of available 102 of title 31, United States Code; and (3) in subsection (d) (as redesignated by databases with relevant information on eli- (2) the term ‘‘improper payment’’ has the paragraph (1) of this subsection), by striking gibility occurs to determine program or meaning given that term in section 2(g) of ‘‘subsection (b)’’ each place that term ap- award eligibility and prevent improper pay- the Improper Payments Information Act of pears and inserting ‘‘subsection (c)’’; ments before the release of any Federal 2002 (31 U.S.C. 3321 note), as redesignated by (4) in subsection (e) (as redesignated by funds. section l03(a)(1) of this subtitle. paragraph (1) of this subsection), by striking (2) DATABASES.—At a minimum and before SEC. l03. IMPROVING THE DETERMINATION OF ‘‘subsection (b)’’ and inserting ‘‘subsection issuing any payment and award, each agency IMPROPER PAYMENTS BY FEDERAL (c)’’; and shall review as appropriate the following AGENCIES. (5) in subsection (g)(3) (as redesignated by databases to verify eligibility of the pay- (a) IN GENERAL.—Section 2 of the Improper paragraph (1) of this subsection), by insert- ment and award: Payments Information Act of 2002 (31 U.S.C. ing ‘‘or a Federal employee’’ after ‘‘non-Fed- (A) The Death Master File of the Social Se- 3321 note) is amended— eral person or entity’’. curity Administration. (1) by redesignating subsections (b) (b) IMPROVED ESTIMATES.— (B) The General Services Administration’s through (g) as subsections (c) through (h), re- (1) IN GENERAL.—Not later than 180 days Excluded Parties List System. spectively; after the date of enactment of this subtitle, (C) The Debt Check Database of the De- (2) by inserting after subsection (a) the fol- the Director of the Office of Management partment of the Treasury. lowing: and Budget shall provide guidance to agen- (D) The Credit Alert System or Credit ‘‘(b) IMPROVING THE DETERMINATION OF IM- cies for improving the estimates of improper PROPER PAYMENTS.— Alert Interactive Voice Response System of payments under the Improper Payments In- the Department of Housing and Urban Devel- ‘‘(1) IN GENERAL.—The Director of the Of- formation Act of 2002 (31 U.S.C. 3321 note). fice of Management and Budget shall on an opment. (2) GUIDANCE.—Guidance under this sub- (E) The List of Excluded Individuals/Enti- annual basis— section shall— ‘‘(A) identify a list of high-priority Federal ties of the Office of Inspector General of the (A) strengthen the estimation process of programs for greater levels of oversight and Department of Health and Human Services. agencies by setting standards for agencies to review— (b) DO NOT PAY INITIATIVE.— follow in determining the underlying valid- ‘‘(i) in which the highest dollar value or (1) ESTABLISHMENT.—There is established ity of sampled payments to ensure amounts highest rate of improper payments occur; or the Do Not Pay Initiative which shall in- being billed are proper; and ‘‘(ii) for which there is a higher risk of im- clude— (B) instruct agencies to give the persons or proper payments; and (A) use of the databases described under entities performing improper payments esti- ‘‘(B) in coordination with the agency re- subsection (a)(2); and mates access to all necessary payment data, sponsible for administering the high-priority (B) use of other databases designated by program, establish annual targets and semi- including access to relevant documentation; the Director of the Office of Management annual or quarterly actions for reducing im- (C) explicitly bar agencies from relying on and Budget in consultation with agencies proper payments associated with each high- self-reporting by the recipients of agency and in accordance with paragraph (2). priority program. payments as the sole source basis for im- (2) OTHER DATABASES.—In making designa- proper payments estimates; ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER tions of other databases under paragraph (D) require agencies to include all identi- PAYMENTS.— (1)(B), the Director of the Office of Manage- ‘‘(A) IN GENERAL.—Subject to Federal pri- fied improper payments in the reported esti- ment and Budget shall— vacy policies and to the extent permitted by mate, regardless of whether the improper (A) consider any database that substan- law, each agency with a program identified payment in question has been or is being re- tially assists in preventing improper pay- under paragraph (1)(A) on an annual basis covered; ments; and shall submit to the Inspector General of that (E) include payments to employees, includ- (B) provide public notice and an oppor- agency, and make available to the public (ining salary, locality pay, travel pay, purchase tunity for comment before designating a cluding availability through the Internet), a card use, and other employee payments, as database under paragraph (1)(B). report on that program. subject to risk assessment and, where appro- (3) ACCESS AND REVIEW BY AGENCIES.—For ‘‘(B) CONTENTS.—Each report under this priate, improper payment estimation; and purposes of identifying and preventing im- paragraph— (F) require agencies to tailor their correc- proper payments, each agency shall have ac- ‘‘(i) shall describe— tive actions for the high-priority programs cess to, and use of, the Do Not Pay Initiative ‘‘(I) any action the agency— identified under section 2(b)(1)(A) of the Im- to verify payment or award eligibility in ac- ‘‘(aa) has taken or plans to take to recover proper Payments Information Act of 2002 (31 cordance with subsection (a) when the Direc- improper payments; and U.S.C. 3321 note) to better reflect the unique tor of the Office of Management and Budget ‘‘(bb) intends to take to prevent future im- processes, procedures, and risks involved in determines the Do Not Pay Initiative is ap- proper payments; and each specific program. propriately established for the agency. ‘‘(ii) shall not include any referrals the (c) TECHNICAL AND CONFORMING AMEND- (4) PAYMENT OTHERWISE REQUIRED.—When agency made or anticipates making to the MENTS.—The Improper Payments Elimi- using the Do Not Pay Initiative, an agency Department of Justice, or any information nation and Recovery Act of 2010 (Public Law shall recognize that there may be cir- provided in connection with such referrals. 111–204; 124 Stat. 2224) is amended— cumstances under which the law requires a ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL (1) in section 2(h)(1) (31 U.S.C. 3321 note), payment or award to be made to a recipient, WEBSITE.—The Office of Management and by striking ‘‘section 2(f)’’ and all that fol- regardless of whether that recipient is iden- Budget shall make each report submitted lows and inserting ‘‘section 2(g) of the Im- tified as potentially ineligible under the Do under this paragraph available on a central proper Payments Information Act of 2002 (31 Not Pay Initiative. website. U.S.C. 3321 note).’’; and (5) ANNUAL REPORT.—The Director of the ‘‘(D) AVAILABILITY OF INFORMATION TO IN- (2) in section 3(a) (31 U.S.C. 3321 note)— Office of Management and Budget shall sub- SPECTOR GENERAL.—Subparagraph (B)(ii) (A) in paragraph (1), by striking ‘‘section mit to Congress an annual report, which may shall not prohibit any referral or informa- 2(f)’’ and all that follows and inserting ‘‘sec- be included as part of another report sub- tion being made available to an Inspector tion 2(g) of the Improper Payments Informa- mitted to Congress by the Director, regard- General as otherwise provided by law. tion Act of 2002 (31 U.S.C. 3321 note).’’; and ing the operation of the Do Not Pay Initia- ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— (B) in paragraph (3)— tive, which shall— The Inspector General of each agency that (i) by striking ‘‘section 2(b)’’ each place it (A) include an evaluation of whether the submits a report under this paragraph shall, appears and inserting ‘‘section 2(c)’’; and Do Not Pay Initiative has reduced improper for each program of the agency that is iden- (ii) by striking ‘‘section 2(c)’’ each place it payments or improper awards; and tified under paragraph (1)(A)— appears and inserting ‘‘section 2(d)’’. (B) provide the frequency of corrections or ‘‘(i) review— SEC. l04. IMPROPER PAYMENTS INFORMATION. identification of incorrect information. ‘‘(I) the assessment of the level of risk as- Section 2(a)(3)(A)(ii) of the Improper Pay- (c) DATABASE INTEGRATION PLAN.—Not sociated with the program, and the quality ments Information Act of 2002 (31 U.S.C. 3321 later than 60 days after the date of enact- of the improper payment estimates and note) is amended by striking ‘‘with respect ment of this subtitle, the Director of the Of- methodology of the agency relating to the to fiscal years following September 30th of a fice of Management and Budget shall provide program; and fiscal year beginning before fiscal year 2013 to the Congress a plan for—

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.071 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7253 (1) inclusion of other databases on the Do spectors General on Integrity and Efficiency, 205(r) of the Social Security Act (42 U.S.C. Not Pay Initiative; the Secretary of Health and Human Services, 405(r)). (2) to the extent permitted by law, agency the Commissioner of Social Security, and (2) ADDITIONAL ACTIONS UNDER PLAN.—The access to the Do Not Pay Initiative; and the head of any other relevant agency, the plan established under this subsection shall (3) the multilateral data use agreements Director of the Office of Management and include recommended actions by agencies described under subsection (e). Budget shall— to— (d) INITIAL WORKING SYSTEM.— (i) issue guidance for agencies regarding (A) increase the quality and frequency of (1) ESTABLISHMENT.—Not later than 90 days implementing this paragraph, which shall in- access to the Death Master File and other after the date of enactment of this subtitle, clude standards for— death data; the Director of the Office of Management (I) reimbursement of costs, when nec- (B) achieve a goal of at least daily access and Budget shall establish a working system essary, between agencies; as appropriate; for prepayment and preaward review that in- (II) retention and timely destruction of (C) provide for all States and other data cludes the Do Not Pay Initiative as described records in accordance with section providers to use improved and electronic under this section. 552a(o)(1)(F) of title 5, United States Code; means for providing data; (2) WORKING SYSTEM.—The working system (III) prohibiting duplication and redisclo- (D) identify improved methods by agencies established under paragraph (1)— sure of records in accordance with section for determining ineligible payments due to (A) may be located within an appropriate 552a(o)(1)(H) of title 5, United States Code; the death of a recipient through proactive agency; (ii) review the procedures of the Data In- verification means; and (B) shall include not less than 3 agencies as tegrity Boards established under section (E) address improper payments made by users of the system; and 552a(u) of title 5, United States Code, and de- agencies to deceased individuals as part of (C) shall include investigation activities velop new guidance for the Data Integrity Federal retirement programs. for fraud and systemic improper payments Boards to— (3) REPORT.—Not later than 120 days after detection through analytic technologies and (I) improve the effectiveness and respon- the date of enactment of this subtitle, the other techniques, which may include com- siveness of the Data Integrity Boards; and Director of the Office of Management and mercial database use or access. (II) ensure privacy protections in accord- Budget shall submit a report to Congress on (3) APPLICATION TO ALL AGENCIES.—Not ance with section 552a of title 5, United the plan established under this subsection, later than June 1, 2013, each agency shall re- States Code (commonly known as the Pri- including recommended legislation. view all payments and awards for all pro- vacy Act of 1974); and grams of that agency through the system es- SEC. l06. IMPROVING RECOVERY OF IMPROPER (III) establish standard matching agree- PAYMENTS. tablished under this subsection. ments for use when appropriate; and (a) DEFINITION.—In this section, the term (e) FACILITATING DATA ACCESS BY FEDERAL (iii) establish and clarify rules regarding ‘‘recovery audit’’ means a recovery audit de- AGENCIES AND OFFICES OF INSPECTORS GEN- what constitutes making an agreement en- scribed under section 2(h) of the Improper ERAL FOR PURPOSES OF PROGRAM INTEG- tered under subparagraph (A) available upon Payments Elimination and Recovery Act of RITY.— (1) DEFINITION.—In this subsection, the request to the public for purposes of section 2010. term ‘‘Inspector General’’ means an Inspec- 552a(o)(2)(A)(ii) of title 5, United States (b) REVIEW.—The Director of the Office of tor General described in subparagraph (A), Code, which shall include requiring publica- Management and Budget shall determine— (B), or (I) of section 11(b)(1) of the Inspector tion of the agreement on a public website. (1) current and historical rates and General Act of 1978 (5 U.S.C. App.). (G) CORRECTIONS.—The Director of the Of- amounts of recovery of improper payments (2) COMPUTER MATCHING BY FEDERAL AGEN- fice of Management and Budget shall estab- (or, in cases in which improper payments are CIES FOR PURPOSES OF INVESTIGATION AND lish procedures providing for the correction identified solely on the basis of a sample, re- PREVENTION OF IMPROPER PAYMENTS AND of data in order to ensure— covery rates and amounts estimated on the FRAUD.— (i) compliance with section 552a(p) of title basis of the applicable sample), including a (A) IN GENERAL.—Except as provided in this 5, United States Code; and list of agency recovery audit contract pro- paragraph, in accordance with section 552a of (ii) that corrections are made in any Do grams and specific information of amounts title 5, United States Code (commonly Not Pay Initiative database and in any rel- and payments recovered by recovery audit known as the Privacy Act of 1974), each In- evant source databases designated by the Di- contractors; and spector General and the head of each agency rector of the Office of Management and (2) targets for recovering improper pay- may enter into computer matching agree- Budget under subsection (b)(1). ments, including specific information on ments that allow ongoing data matching (H) COMPLIANCE.—The head of each agency, amounts and payments recovered by recov- (which shall include automated data match- in consultation with the Inspector General of ery audit contractors. ing) in order to assist in the detection and the agency, shall ensure that any informa- prevention of improper payments. tion provided to an individual or entity SA 3243. Mr. LEVIN (for himself, (B) REVIEW.—Not later than 60 days after a under this subsection is provided in accord- Mrs. FEINSTEIN, Mr. CHAMBLISS, Mr. proposal for an agreement under subpara- ance with protocols established under this LUGAR, Mr. LIEBERMAN, and Mr. graph (A) has been presented to a Data In- subsection. KERRY) submitted an amendment integrity Board established under section (I) RULE OF CONSTRUCTION.—Nothing in this tended to be proposed by him to the 552a(u) of title 5, United States Code, for con- subsection shall be construed to affect the bill S. 3254, to authorize appropriations sideration, the Data Integrity Board shall re- rights of an individual under section 552a(p) of title 5, United States Code. for fiscal year 2013 for military activi- spond to the proposal. ties of the Department of Defense, for (C) TERMINATION DATE.—An agreement (f) DEVELOPMENT AND ACCESS TO A DATA- under subparagraph (A)— BASE OF INCARCERATED INDIVIDUALS.—Not military construction, and for defense (i) shall have a termination date of less later than 1 year after the date of enactment activities of the Department of Energy, than 3 years; and of this subtitle, the Attorney General shall to prescribe military personnel (ii) during the 3-month period ending on submit to Congress recommendations for in- strengths for such fiscal year, and for the date on which the agreement is sched- creasing the use of, access to, and the tech- other purposes; as follows: nical feasibility of using data on the Federal, uled to terminate, may be renewed by the At the end of subtitle B of title XII, add State, and local conviction and incarcer- agencies entering the agreement for not the following: more than 3 years. ation status of individuals for purposes of identifying and preventing improper pay- SEC. 1221. SENSE OF CONGRESS COMMENDING (D) MULTIPLE AGENCIES.—For purposes of THE ENDURING STRATEGIC PART- this paragraph, section 552a(o)(1) of title 5, ments by Federal agencies and programs and NERSHIP AGREEMENT BETWEEN United States Code, shall be applied by sub- fraud. THE UNITED STATES AND AFGHANI- stituting ‘‘between the source agency and (g) PLAN TO CURB FEDERAL IMPROPER PAY- STAN. the recipient agency or non-Federal agency MENTS TO DECEASED INDIVIDUALS BY IMPROV- (a) FINDINGS.—Congress makes the fol- or an agreement governing multiple agen- ING THE QUALITY AND USE BY FEDERAL AGEN- lowing findings: cies’’ for ‘‘between the source agency and the CIES OF THE SOCIAL SECURITY ADMINISTRATION (1) The United States and Afghanistan recipient agency or non-Federal agency’’ in DEATH MASTER FILE.— have been allies in the conflict against al the matter preceding subparagraph (A). (1) ESTABLISHMENT.—In conjunction with Qaeda and its affiliates for over a decade, (E) COST-BENEFIT ANALYSIS.—A justifica- the Commissioner of Social Security and in with the shared goal of ensuring that Af- tion under section 552a(o)(1)(B) of title 5, consultation with relevant stakeholders that ghanistan is never again a sanctuary for al United States Code, relating to an agree- have an interest in or responsibility for pro- Qaeda. ment under subparagraph (A) is not required viding the data, and the States, the Director (2) The United States and Afghanistan are to contain a specific estimate of any savings of the Office of Management and Budget committed to the framework agreed to at under the computer matching agreement. shall establish a plan for improving the qual- the North Atlantic Treaty Organization (F) GUIDANCE BY THE OFFICE OF MANAGE- ity, accuracy, and timeliness of death data (NATO) Summit in Lisbon in 2010, and re- MENT AND BUDGET.—Not later than 6 months maintained by the Social Security Adminis- affirmed at the NATO Summit in Chicago in after the date of enactment of this subtitle, tration, including death information re- 2012, for the transition from coalition forces and in consultation with the Council of In- ported to the Commissioner under section to the Afghan National Security Forces of

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.071 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7254 CONGRESSIONAL RECORD — SENATE November 29, 2012 lead responsibility for security throughout personnel in Kabul under the leadership of tivities of the Department of Energy, Afghanistan by the end of 2014. Ambassador Ryan Crocker, is to be com- to prescribe military personnel (3) In June 2011, President Barack Obama mended for its committed diplomatic efforts; strengths for such fiscal year, and for said, ‘‘What we can do, and will do, is build (3) the Governments of the United States other purposes; as follows: a partnership with the Afghan people that and Afghanistan are to be commended for endures—one that ensures that we will be concluding the Enduring Strategic Partner- At the end of subtitle D of title X, add the following: able to continue targeting terrorists and ship Agreement; supporting a sovereign Afghan government.’’ (4) Congress supports the objectives and SEC. 1032. PROHIBITION ON USE OF FUNDS FOR (4) In November 2011, a traditional loya THE TRANSFER OR RELEASE OF IN- principles of the Enduring Strategic Partner- DIVIDUALS FROM UNITED STATES jirga in Kabul declared that ‘‘strategic co- ship Agreement, including protecting and NAVAL STATION, GUANTANAMO BAY, operation with the United States of America, promoting shared democratic values, ad- CUBA. which is a strategic ally of the people and vancing long-term security, reinforcing re- No authorized to be appropriated funds government of Afghanistan, is considered gional security and cooperation, fostering may be used to transfer, release, or assist in important in order to ensure political, eco- social and economic development, upholding the transfer or release to or within the nomic, and military security’’ and also stat- the rights of women and minorities, and United States, its territories, or possessions ed, ‘‘Signing a strategic cooperation docu- strengthening institutions and governance in of Khalid Sheikh Mohammed or any other ment with the United States conforms with Afghanistan; detainee who— the national interest of Afghanistan and is of (5) it is essential that the Government and (1) is not a United States citizen or a mem- significant importance.’’ people of Afghanistan fulfill Afghanistan’s ber of the Armed Forces of the United (5) On May 2, 2012, President Obama and international commitments as agreed at the States; and President Hamid Karzai signed the Enduring Tokyo Conference of July 2012, the Bonn (2) is or was held on or after January 20, Strategic Partnership Agreement Between Conference of December 2011, the Kabul Con- 2009, at United States Naval Station, Guan- the United States of America and the Is- ference of July 2011, and other venues to tanamo Bay, Cuba, by the Department of De- lamic Republic of Afghanistan. combat corruption, protect the equal rights fense. (6) At the signing of the Enduring Stra- of all citizens of Afghanistan and enforce the tegic Partnership Agreement, President rule of law, hold free and fair elections in SA 3246. Ms. COLLINS (for herself, Obama said, ‘‘Today we’re agreeing to be 2014, and build inclusive and effective insti- Mr. LIEBERMAN, and Mr. BLUMENTHAL) long-term partners in combating terrorism, tutions of democratic governance; submitted an amendment intended to and training Afghan security forces, (6) a key national security interest of the be proposed by her to the bill S. 3254, to strengthening democratic institutions and United States is to maintain a long-term po- supporting development, and protecting authorize appropriations for fiscal year litical, economic, and military relationship 2013 for military activities of the De- human rights of all Afghans. With this with Afghanistan, including a limited pres- agreement, the Afghan people, and the partment of Defense, for military con- ence of United States Armed Forces for the struction, and for defense activities of world, should know that Afghanistan has a purpose of training, advising, and supporting friend and a partner in the United States.’’ Afghan National Security Forces and cooper- the Department of Energy, to prescribe (7) At a May 20, 2012, bilateral meeting ating on shared counterterrorism objectives; military personnel strengths for such with President Karzai at the NATO Summit (7) the negotiation and conclusion of a Bi- fiscal year, and for other purposes; in Chicago, President Obama said that the lateral Security Agreement, as called for in which was ordered to lie on the table; Enduring Strategic Partnership Agreement the Enduring Strategic Partnership Agree- as follows: ‘‘reflects a future in which two sovereign nament, will provide a fundamental framework tions—the United States and Afghanistan— At the end of subtitle C of title VII, add for the long-term security relationship be- are operating as partners, to the benefit of the following: tween the United States and Afghanistan; our countries’ citizens, but also for the ben- SEC. 723. PRESCRIPTION DRUG TAKE-BACK PRO- and efit of peace and security and stability in the GRAM FOR MEMBERS OF THE (8) Congress has a critical role in con- ARMED FORCES, THEIR DEPEND- region and around the world’’. ENTS, AND VETERANS. (8) President Karzai said at the May 20, tinuing to provide the support and assistance (a) PROGRAM FOR MEMBERS OF THE ARMED 2012, bilateral meeting with President necessary to achieve the goals of the Endur- ing Strategic Partnership Agreement. FORCES AND DEPENDENTS.—The Secretary of Obama, ‘‘Mr. President, the partnership that Defense and the Attorney General shall we signed a few weeks ago in Kabul has SA 3244. Mr. REID submitted an jointly carry out a program (commonly returned a new page in our relations. And the ferred to as a ‘‘prescription drug take-back new page is a page of two sovereign countries amendment intended to be proposed by him to the bill S. 3254, to authorize ap- program’’) under which members of the working together for the mutual interests— Armed Forces and dependents of members of peace and security and in all other areas.’’ propriations for fiscal year 2013 for the Armed Forces may deliver controlled (9) On May 26, 2012, the Wolesi Jirga, the military activities of the Department substances to such facilities as may be joint- lower house of the Afghan parliament, ap- of Defense, for military construction, ly determined by the Secretary of Defense proved the Agreement by a vote of 191–7 with and for defense activities of the De- and the Attorney General to be disposed of 2 abstentions. partment of Energy, to prescribe mili- in accordance with section 302(g) of the Con- (10) On June 3, 2012, the Meshrano Jirga, tary personnel strengths for such fiscal trolled Substances Act (21 U.S.C. 822(g)). the upper house of the Afghan parliament, (b) PROGRAM FOR VETERANS.—The Sec- approved the Agreement by a vote of 67–13. year, and for other purposes; which was retary of Veterans Affairs and the Attorney (11) On July 8, 2012, at the Tokyo Con- ordered to lie on the table; as follows: General shall jointly carry out a program ference on Afghanistan, the international At the end of subtitle H of title X, add the under which veterans may deliver controlled community and the Government of Afghani- following: substances to be disposed of in accordance stan reaffirmed their partnership in the eco- SEC. 1084. TRANSPORT FOR FEMALE GENITAL with section 302(g) of the Controlled Sub- nomic growth and development of Afghani- MUTILATION. stances Act. stan through a process of mutual commit- Section 116 of title 18, United States Code, (c) PROGRAM ELEMENTS.—The programs re- ments and accountability. is amended by adding at the end the fol- quired by this section shall provide for the (12) On July 4, 2012, the Enduring Strategic lowing: following: Partnership Agreement entered into force. ‘‘(d) Whoever knowingly transports from (1) In the case of the program required by (b) SENSE OF CONGRESS.—It is the sense of the United States and its territories a person subsection (a), the delivery of controlled sub- Congress that— in foreign commerce for the purpose of con- stances under the program to such members (1) the members of the United States duct with regard to that person that would of the Armed Forces, medical professionals, Armed Forces, intelligence community, and be a violation of subsection (a) if the conduct and other employees of the Department of diplomatic and development community of occurred within the United States, or at- Defense, and to such other acceptance mech- the United States are to be commended for tempts to do so, shall be fined under this anisms, as the Secretary of Defense and the their dedicated efforts and sacrifices in sup- title or imprisoned not more than 5 years, or Attorney General jointly specify for pur- port of military and stability operations in both.’’. poses of the program. Afghanistan that have helped strengthen se- (2) In the case of the program required by curity in Afghanistan, laid the foundation SA 3245. Ms. AYOTTE (for herself, subsection (b), the delivery of controlled sub- for transition to a long-term partnership be- Mr. GRAHAM, Mr. CHAMBLISS, Mr. stances under the program to such employ- tween the United States and a sovereign Af- INHOFE, Mr. SESSIONS, and Mr. LIEBER- ees of the Veterans Health Administration of ghanistan, and supported the Government MAN) submitted an amendment in- the Department of Veterans Affairs, and to and people of Afghanistan as they continue tended to be proposed by her to the bill such other acceptance mechanisms, as the to build their capacity to effectively and Secretary of Veterans Affairs and the Attor- justly govern; S. 3254, to authorize appropriations for ney General jointly specify for purposes of (2) the United States negotiating team for fiscal year 2013 for military activities the program. the Enduring Strategic Partnership Agree- of the Department of Defense, for mili- (3) Appropriate guidelines and procedures ment, including the United States Embassy tary construction, and for defense ac- to prevent the diversion, misuse, theft, or

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.071 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7255 loss of controlled substances delivered under (2) by redesignating subsection (g) as sub- SEC. 344. ASSISTANCE FOR CIVIL SUPPORT MIS- such programs. section (h); and SION TRAINING. (3) by inserting after subsection (f) the fol- (a) ASSISTANCE AUTHORIZED.—Chapter 5 of SA 3247. Mr. MCCAIN (for himself, lowing new subsection (g): title 32, United States Code, is amended by Mrs. FEINSTEIN, Mr. NELSON of Florida, ‘‘(g) PERIODS FOR EXERCISE OF AUTHOR- adding at the end the following new section: Mr. JOHANNS, and Mrs. BOXER) sub- ITY.—The periods specified in this subsection ‘‘§ 510. Training assistance mitted an amendment intended to be are the following: ‘‘(a) ASSISTANCE AUTHORIZED.—To improve proposed by him to the bill S. 3254, to ‘‘(1) The period beginning on October 1, the training of National Guard units per- 1996, and ending on September 30, 2005. forming civil support activities, the Sec- authorize appropriations for fiscal year ‘‘(2) The period beginning on October 1, 2013 for military activities of the De- retary of Defense may provide funding as- 2012, and ending on September 30, 2017.’’. sistance through a special military coopera- partment of Defense, for military con- tive agreement for the operation and mainte- struction, and for defense activities of SA 3248. Mr. SANDERS (for himself nance of any State training center. the Department of Energy, to prescribe and Mr. INHOFE) submitted an amend- ‘‘(b) MERIT-BASED OR COMPETITIVE DECI- military personnel strengths for such ment intended to be proposed by him SIONS.—A decision to commit, obligate, or fiscal year, and for other purposes; to the bill S. 3254, to authorize appro- expend funds under subsection (a) with or to which was ordered to lie on the table; priations for fiscal year 2013 for mili- a specific entity shall— as follows: tary activities of the Department of ‘‘(1) be based on merit-based selection pro- Defense, for military construction, and cedures in accordance with the requirements At the end of subtitle H of title X, add the of sections 2304(k) and 2374 of title 10 or on following: for defense activities of the Depart- competitive procedures; and SEC. 1084. TRANSFER OF EXCESS AIRCRAFT FOR ment of Energy, to prescribe military ‘‘(2) comply with other applicable provi- WILDFIRE SUPPRESSION PURPOSES. personnel strengths for such fiscal sions of law.’’. (a) TRANSFER.—Subject to subsection (c), year, and for other purposes; which was (b) CLERICAL AMENDMENT.—The table of the Secretary of Defense shall transfer ex- ordered to lie on the table; as follows: sections at the beginning of such chapter is cess aircraft specified in subsection (b) to At the end of subtitle B of title XXXI, add amended by adding at the end the following the Secretary of Agriculture for use by the new item: Forest Service for wildfire suppression pur- the following: ‘‘510. Training assistance.’’. poses. The transfer of any excess aircraft SEC. 3122. RENEWABLE ENERGY. under this subsection shall be without reim- Section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)) is amended by SA 3251. Ms. LANDRIEU submitted bursement. an amendment intended to be proposed (b) AIRCRAFT.— striking ‘‘geothermal,’’ and inserting ‘‘geo- (1) IN GENERAL.—The aircraft transferred thermal (including geothermal heat by her to the bill S. 3254, to authorize under subsection (a) are aircraft of the De- pumps),’’. appropriations for fiscal year 2013 for partment of Defense that are— military activities of the Department (A) identified by the Forest Service as a SA 3249. Mr. BEGICH submitted an of Defense, for military construction, suitable platform for wildfire suppression amendment intended to be proposed by and for defense activities of the De- missions; him to the bill S. 3254, to authorize ap- partment of Energy, to prescribe mili- (B) subject to paragraphs (2) and (3), excess propriations for fiscal year 2013 for tary personnel strengths for such fiscal to the needs of the Department of Defense, military activities of the Department year, and for other purposes; which was as determined by the Secretary of Defense; of Defense, for military construction, and ordered to lie on the table; as follows: (C) acceptable for use by the Forest Serv- and for defense activities of the De- At the end of subtitle D of title IX, add the ice, as determined by the Secretary of Agri- partment of Energy, to prescribe mili- following: culture. tary personnel strengths for such fiscal SEC. 943. NATIONAL INSTITUTE FOR CYBER SE- (2) LIMITATION ON NUMBER.—The number of year, and for other purposes; which was CURITY EDUCATION AND TRAINING. aircraft that may be transfered may not ex- ordered to lie on the table; as follows: (a) IN GENERAL.—The Secretary of Defense ceed 12 aircraft. At the end of subtitle H of title X, add the shall establish an institute to be known as (3) LIMITATIONS ON DETERMINATION AS EX- following: the ‘‘National Institute for Cyber Security CESS Education and Training’’ (in this section re- .—Aircraft may not be determined to be SEC. 1084. STRATEGIC SEAPORTS. excess for the purposes of this subsection un- ferred to as the ‘‘Institute’’). The Institute (a) REQUIREMENT TO CONSULT AND COOPER- less such aircraft are determined to be excess shall not be an element of the Department of ATE.—The Secretary of Defense and the Ad- Defense. in the report referenced by subsection (b) of ministrator of the Maritime Administration section 1703 of title XVII of this Act, subject (b) DIRECTOR.—The head of the Institute shall consult and cooperate to develop meth- shall be the Director of the National Insti- to title XVII, or if such aircraft are other- ods to improve the utilization by the Depart- wise prohibited from being determined ex- tute for Cyber Security Education and ment of Defense and the Maritime Adminis- Training who shall be appointed by the Sec- cess by law. tration of the port infrastructure develop- (c) PRIORITY IN TRANSFER.—The Secretary retary of Defense from among qualified per- ment program created by section 50302(c) of of Agriculture shall be afforded a priority in sonnel of the Federal Government. If the per- title 46, United States Code, for the improve- the transfer under subsection (a) of excess son appointed Director of the National Insti- ment of strategic seaports. aircraft of the Department of Defense speci- tute for Cyber Security Education and (b) STRATEGIC SEAPORT DEFINED.—In this Training is an officer or employee of a de- fied in subsection (b) before any other de- section, the term ‘‘strategic seaport’’ means partment or agency of the Federal Govern- partment or agency of the Federal Govern- a United States port designated by the Sec- ment other than the Department of Defense, ment. retary of Defense as a significant transpor- (d) CONDITIONS OF TRANSFER.—Excess air- the appointment shall be made with the con- tation hub important to the readiness and craft transferred under subsection (a)— currence of the head of such department or cargo capacity of the Department of Defense. (1) may be used only for wildfire suppres- agency. (c) AUTHORITY TO ACCEPT FINANCIAL AS- sion purposes; and (c) PURPOSE.—The purpose of the Institute SISTANCE.—Subparagraph (D) of section (2) may not be flown or otherwise removed shall be to provide advanced cyber-security 50302(c)(2) of title 46, United States Code, is training for the following: from the United States unless dispatched by amended by striking ‘‘assistance’’ and in- the National Interagency Fire Center in sup- (1) Employees of the Federal Government serting ‘‘and financial assistance, including engaged in cyber-security matters. port of an international agreement to assist grants,’’. in wildfire suppression efforts or for other (2) Employees of private sector who are en- purposes approved by the Secretary of Agri- SA 3250. Mr. KOHL submitted an gaged in programs and activities with the Federal Government that require an exper- culture in writing in advance. amendment intended to be proposed by (e) EXPIRATION OF AUTHORITY.—The author- tise in cyber-security matters. ity to transfer excess aircraft under sub- him to the bill S. 3254, to authorize ap- (d) ELEMENTS OF TRAINING.—The training section (a) shall expire on December 31, 2013. propriations for fiscal year 2013 for provided by the Institute shall include the SEC. 1085. REAUTHORIZATION OF SALE OF AIR- military activities of the Department following: CRAFT AND PARTS FOR WILDFIRE of Defense, for military construction, (1) Expert instruction in cyber-security SUPPRESSION PURPOSES. and for defense activities of the De- matters, including virtualized network envi- Section 2 of the Wildfire Suppression Air- partment of Energy, to prescribe mili- ronments that can adaptively model and craft Transfer Act of 1996 (10 U.S.C. 2576 simulate required training to familiarize and note) is amended— tary personnel strengths for such fiscal prepare cyber security personnel for the (1) in subsection (a), by striking ‘‘during year, and for other purposes; which was challenges posed by the cyber battlespace. the period beginning on October 1, 1996, and ordered to lie on the table; as follows: (2) Such other training, instruction, and ending on September 30, 2005’’ and inserting At the end of subtitle E of title III, add the educational components as the Secretary ‘‘during a period specified in subsection (g)’’; following: considers appropriate.

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(e) STEM EDUCATIONAL COMPONENTS.—In stance or mixture is used in ammunition or istrate, or other judicial authority of com- addition to the training provided by the In- fishing tackle. petent jurisdiction that such person is a dan- stitute, the Institute shall also develop and ger to himself or herself or others.’’. disseminate educational components on SA 3253. Mr. WICKER submitted an (b) CLERICAL AMENDMENT.—The table of cyber-security themes and matters involving amendment intended to be proposed by sections at the beginning of chapter 55 of science, technology, engineering, and mathe- him to the bill S. 3254, to authorize ap- such title is amended by adding at the end matics (STEM) that are suitable for elemen- propriations for fiscal year 2013 for the following new item: tary and secondary education purposes and military activities of the Department ‘‘5511. Conditions for treatment of certain for higher education purposes. persons as adjudicated men- of Defense, for military construction, (f) PERSONNEL AND OTHER RESOURCES.—The tally incompetent for certain Secretary shall provide the Institute such and for defense activities of the De- purposes.’’. personnel and other resources as the Sec- partment of Energy, to prescribe mili- (c) APPLICABILITY.—Section 5511 of title 38, retary considers appropriate for discharge by tary personnel strengths for such fiscal United States Code (as added by this sec- the Institute of its activities under this sec- year, and for other purposes; which was tion), shall apply only with respect to per- tion. ordered to lie on the table; as follows: sons who are determined by the Secretary of (g) FUNDING.—Amounts authorized to be At the end of subtitle B of title X, add the Veterans Affairs to be mentally incapaci- appropriated for the Department of Defense following: tated, are deemed by the Secretary to be for operation and maintenance shall be mentally incompetent, or are determined by available for the Institute for the discharge SEC. 1015. ADDITIONAL SUPPORT FOR COUNTERDRUG TRAINING ACTIVI- the Secretary to be experiencing an extended by the Institute of its activities under this TIES. loss of consciousness on or after the date of section. (a) SUPPORT FOR STATE AND LOCAL LAW EN- the enactment of this Act. (h) PLAN FOR ESTABLISHMENT.—Not later FORCEMENT AGENCIES.—During fiscal years than June 30, 2013, the Secretary shall sub- 2013 through 2019, the Secretary of Defense SA 3255. Mr. REED (for himself, Mr. mit to the Committees on Armed Services of may provide support for the counterdrug ac- RUBIO, Mrs. MCCASKILL, Mr. WHITE- the Senate and the House of Representatives tivities of any State or local law enforce- HOUSE, and Mr. BENNET) submitted an a report setting forth a plan for the estab- ment agency for counterdrug-related train- amendment intended to be proposed by lishment of the Institute. The plan shall ining of law enforcement personnel, including clude a proposed structure of the Institute, a him to the bill S. 3254, to authorize ap- funding for the following: proposal for the intended activities of the In- propriations for fiscal year 2013 for (1) The continued operation and mainte- stitute, and a schedule for selecting the loca- military activities of the Department nance of training facilities for the purpose of tion of the Institute within the United of Defense, for military construction, facilitating counterdrug activities of any States. Federal, State, local, or tribal law enforce- and for defense activities of the De- ment agency within or outside the United partment of Energy, to prescribe mili- SA 3252. Mrs. BOXER submitted an States. tary personnel strengths for such fiscal amendment intended to be proposed by (2) Associated support expenses for train- year, and for other purposes; which was her to the bill S. 3254, to authorize ap- ees and the provision of materials necessary ordered to lie on the table; as follows: propriations for fiscal year 2013 for to carry out such training, if such support is At the end of subtitle A of title VII, add military activities of the Department requested by the appropriate official of a the following: of Defense, for military construction, State or local government. SEC. 704. COST-SHARING RATES FOR THE PHAR- and for defense activities of the De- (b) CONDUCT OF TRAINING OR OPERATIONS TO MACY BENEFITS PROGRAM OF THE partment of Energy, to prescribe mili- AID CIVILIAN AGENCIES.—In providing sup- TRICARE PROGRAM. port pursuant to subsection (a), the Sec- tary personnel strengths for such fiscal (a) IN GENERAL.—Section 1074g(a)(6) of title retary may plan and execute otherwise valid 10, United States Code, is amended— year, and for other purposes; which was military training or operations for the pur- (1) by striking subparagraph (A) and in- ordered to lie on the table; as follows: pose of aiding civilian law enforcement agen- serting the following new sub paragraph (A): On page 394, between lines 7 and 8, insert cies. ‘‘(A) The Secretary, in the regulations pre- the following: (c) PROHIBITION ON LIMITATION OF SUP- scribed under subsection (h), shall establish SEC. 1084. NO REGULATION UNDER THE TOXIC PORT.—In providing support pursuant to sub- cost-sharing requirements under the phar- SUBSTANCES CONTROL ACT OF AM- section (a), the Secretary may not limit the macy benefits program. In accordance with MUNITION OR FISHING TACKLE requirements for which support may be pro- subparagraph (C), such cost-sharing require- PENDING STUDY OF HEALTH AND vided only to critical, emergent, or unantici- ments shall consist of the following: ENVIRONMENTAL EFFECTS. pated requirements. ‘‘(i) With respect to each supply of a pre- (a) NO REGULATION OF AMMUNITION OR FISH- scription covering not more than 30 days ING TACKLE.—The Administrator of the Envi- SA 3254. Mr. COBURN submitted an that is obtained by a covered beneficiary ronmental Protection Agency shall not issue amendment intended to be proposed by under the TRICARE retail pharmacy pro- any proposed or final rule or guidance to reg- him to the bill S. 3254, to authorize ap- gram— ulate any chemical substance or mixture in ‘‘(I) in the case of generic agents, $5; ammunition or fishing tackle under the propriations for fiscal year 2013 for military activities of the Department ‘‘(II) in the case of formulary agents, $17; Toxic Substances Control Act (15 U.S.C. 2601 and et seq.) during the period beginning on the of Defense, for military construction, ‘‘(III) in the case of nonformulary agents, date of enactment of this Act and ending on and for defense activities of the De- $44. the date of the publication of the study re- partment of Energy, to prescribe mili- ‘‘(ii) With respect to each supply of a pre- quired by subsection (b). tary personnel strengths for such fiscal scription covering not more than 90 days (b) STUDY OF POTENTIAL HUMAN HEALTH year, and for other purposes; which was that is obtained by a covered beneficiary AND ENVIRONMENTAL EFFECTS.— ordered to lie on the table; as follows: under the national mail-order pharmacy pro- (1) IN GENERAL.—Not later than December gram— At the end of subtitle H of title X, add the 31, 2013, the Secretary of Health and Human ‘‘(I) in the case of generic agents, $0; following: Services, the Commissioner of Food and ‘‘(II) in the case of formulary agents, $13; Drugs, the Administrator of the Environ- SEC. 1084. CONDITIONS FOR TREATMENT OF CER- and mental Protection Agency, and the Sec- TAIN PERSONS AS ADJUDICATED ‘‘(III) in the case of nonformulary agents, retary of the Interior shall jointly prepare MENTALLY INCOMPETENT FOR CER- TAIN PURPOSES. $43.’’; and and publish a study that describes the poten- (a) IN GENERAL.—Chapter 55 of title 38, (2) by adding at the end the following new tial threats to human health (including to United States Code, is amended by adding at subparagraph: pregnant women, children, and other vulner- the end the following new section: ‘‘(C)(i) Beginning October 1, 2013, the able populations) and to the environment amount of any increase in a cost-sharing from the use of— ‘‘§ 5511. Conditions for treatment of certain amount specified in subparagraph (A) in a (A) lead and toxic substances in ammuni- persons as adjudicated mentally incom- year may not exceed the amount equal to tion and fishing tackle; and petent for certain purposes the percentage of such cost-sharing amount (B) commercially available and less toxic ‘‘In any case arising out of the administra- at the time of such increase equal to the per- alternatives to lead and toxic substances in tion by the Secretary of laws and benefits centage by which retired pay is increased ammunition and fishing tackle. under this title, a person who is mentally in- under section 1401a of this title in that year. (2) USE.—The Administrator of the Envi- capacitated, deemed mentally incompetent, ‘‘(ii) If the amount of the increase other- ronmental Protection Agency shall use, as or experiencing an extended loss of con- wise provided for a year by clause (i) is less appropriate, the findings of the report re- sciousness shall not be considered adju- than $1, the increase shall not be made for quired by paragraph (1) when considering dicated as a mental defective under sub- such year, but shall be carried over to, and any potential future decision related to a section (d)(4) or (g)(4) of section 922 of title 18 accumulated with, the amount of the in- chemical substance or mixture when the sub- without the order or finding of a judge, mag- crease for the subsequent year or years and

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.082 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7257 made when the aggregate amount of in- the pilot program under subsection (a), in- joint professional military education col- creases carried over under this clause for a cluding the effects of offering incentives for leges and universities for oversight, govern- year is $1 or more. the use of mail-order pharmacies by ance, and management of the joint profes- ‘‘(iii) The provisions of this subparagraph TRICARE for Life beneficiaries, access to sional military education research institu- shall not apply to any increase in cost-shar- maintenance medications, and the effect on tions, including systems, mechanisms, and ing amounts described in clause (i) that is retail pharmacies. structures relating to the development of made by the Secretary of Defense on or after (f) TRICARE FOR LIFE BENEFICIARY DE- policies and budgets for research. October 1, 2022. The Secretary may increase FINED.—In this section, the term ‘‘TRICARE (B) The factors contributing to and the ex- copayments, as considered appropriate by for Life beneficiary’’ means a beneficiary tent of growth in the number and size of the Secretary, beginning on October 1, under the TRICARE program who is enrolled joint professional military education re- 2022.’’. in the Medicare wraparound coverage option search institutions since 2000. (b) EFFECTIVE DATE.— of the TRICARE program made available to (C) The causes and extent of cost growth at (1) IN GENERAL.—The cost-sharing require- the beneficiary by reason of section 1086(d) of joint professional military education re- ments under subparagraph (A) of section title 10, United States Code. search institutions since 2000. 1074g(a)(6) of title 10, United States Code (as (g) SUNSET.—The Secretary may not carry (D) The focus of research activity con- amended by subsection (a)(1)), shall apply out the pilot program under subsection (a) ducted by the joint professional military with respect to prescriptions obtained under after December 31, 2017. education research institutions, and the ex- the TRICARE pharmacy benefits program on tent to which each joint professional mili- or after such date as the Secretary of De- SA 3256. Mr. LIEBERMAN submitted tary education research institution performs fense shall specify, but not later than the an amendment intended to be proposed a unique research function or engages in date that is 45 days after the date of the en- by him to the bill S. 3254, to authorize similar or duplicative efforts with other components or elements of the Department actment of this Act. appropriations for fiscal year 2013 for (2) FEDERAL REGISTER.—The Secretary of Defense. shall publish notice of the effective date of military activities of the Department (E) The measures of effectiveness used by the cost-sharing requirements specified of Defense, for military construction, the joint professional military education re- under paragraph (1) in the Federal Register. and for defense activities of the De- search institutions, the senior and inter- SEC. 705. PILOT PROGRAM ON REFILLS OF MAIN- partment of Energy, to prescribe mili- mediate joint professional military edu- TENANCE MEDICATIONS THROUGH tary personnel strengths for such fiscal cation colleges and universities, and other THE TRICARE MAIL-ORDER PHAR- year, and for other purposes; as fol- oversight entities to evaluate the perform- MACY PROGRAM. lows: ance of the joint professional military edu- (a) IN GENERAL.—The Secretary of Defense cation research institutions in meeting es- shall conduct a pilot program to refill pre- At the end of subtitle F of title V, add the tablished goals or objectives. scription maintenance medications for each following: (3) DEFINITIONS.—In this subsection: TRICARE for Life beneficiary through the SEC. 561. COMPTROLLER GENERAL OF THE (A) The term ‘‘joint professional military national mail-order pharmacy program UNITED STATES REPORTS ON JOINT education research institutions’’ means sub- under section 1074g(a)(2)(E)(iii) of title 10, PROFESSIONAL MILITARY EDU- ordinate organizations (including centers, CATION MATTERS. United States Code. institutes, and schools) under the senior and (a) REPORT ON REVIEW OF MILITARY EDU- (b) MEDICATIONS COVERED.— intermediate joint professional military edu- CATION COORDINATION COUNCIL REPORT.— (1) DETERMINATION.—The Secretary shall cation colleges and universities for which re- (1) REVIEW OF METHODOLOGY.—The Comp- determine the prescription maintenance search is the primary mission or reason for troller General of the United States shall re- medications included in the pilot program existence. view the methodology used by the Military under subsection (a). (B) The term ‘‘senior and intermediate Education Coordination Council in com- (2) SUPPLY.—In carrying out the pilot pro- joint professional military education col- piling the report on joint professional mili- gram, the Secretary shall ensure that the leges and universities’’ means the following: tary education that is to be submitted to the medications included in the program— (i) The National Defense University. Director of Joint Force Development by (A) are— (ii) The Army War College. March 1, 2013, pursuant to the Joint Staff (i) generally available through retail phar- (iii) The Navy War College. Memorandum, Joint Staff Review, dated macies for an initial filling of a 30-day or less (iv) The Air University. July 16, 2012. The review shall include an ex- supply; and (v) The Air War College. amination of the analytical approach used (ii) obtained by refill through the national (vi) The Marine Corp University. mail order pharmacy program; or by the Council for that report, including the (B) are both available for an initial filling types of information considered, the cost SA 3257. Ms. CANTWELL (for herself, savings identified, the benefits of options or obtained by refill at a military medical Mr. BEGICH, Mrs. MURRAY, and Ms. considered, the time frames for implementa- treatment facility. MURKOWSKI) submitted an amendment tion, and transparency. (3) NO DENIAL.—In the instance when a re- intended to be proposed by her to the fill of such maintenance medication is not (2) REPORT.—Not later than 90 days after obtained through a national mail-order phar- receiving from the Director of Joint Force bill S. 3254, to authorize appropriations macy program, the Secretary shall ensure Development the report described in para- for fiscal year 2013 for military activi- that beneficiaries are provided a supply at a graph (1), the Comptroller General shall sub- ties of the Department of Defense, for retail pharmacy for a limited period of time. mit to the Committees on Armed Services of military construction, and for defense The Secretary may impose a cost-sharing re- the Senate and the House of Representatives activities of the Department of Energy, quirement on beneficiaries accessing such a report on the review under paragraph (1) of to prescribe military personnel supply. the report described in that paragraph. The strengths for such fiscal year, and for (4) EXEMPTION.—The Secretary may ex- report of the Comptroller General under this other purposes; which was ordered to empt the following prescription maintenance paragraph shall set forth the following: lie on the table; as follows: medications from the requirements in para- (A) The results of the review under para- At the end of subtitle C of title I, add the graph (2): graph (1). following: (A) Medications for acute care needs. (B) Such recommendations as the Comp- (B) Medications dispensed to patients in troller General considers appropriate in light SEC. 132. MULTIYEAR PROCUREMENT AUTHOR- ITY FOR POLAR ICEBREAKERS. long-term care facilities. of the results of the review. (a) MULTIYEAR PROCUREMENT.—Subject to (b) REPORT ON JOINT PROFESSIONAL MILI- (C) Such other medications as the Sec- section 2306b of title 10, United States Code, TARY EDUCATION RESEARCH INSTITUTIONS.— retary considers appropriate. the Secretary of the Navy shall enter into ONPARTICIPATION.— (1) REPORT REQUIRED.—Not later than Jan- (c) N multiyear contracts, beginning with the fis- uary 31, 2014, the Comptroller General of the (1) OPT OUT.—The Secretary shall give cal year 2013 program year, for the procure- United States shall submit to the congres- beneficiaries who have been covered by the ment of up to four heavy duty polar ice- sional defense committees a report setting pilot program under subsection (a) for a pe- breakers and any systems and equipment as- riod of at least one year an opportunity to forth the assessment by the Comptroller sociated with those vessels. opt out of continuing to participate in the General of the work performed by joint pro- (b) AUTHORITY FOR ADVANCE PROCURE- pilot program. fessional military education research insti- MENT.—The Secretary may enter into one or (2) WAIVER.—The Secretary may waive the tutions in support of professional military more contracts, beginning in fiscal year 2013, requirement for a beneficiary to participate education and the broader mission of the De- for advance procurement associated with the in the pilot program if the Secretary deter- partment of Defense, the military depart- vessels, systems, and equipment for which mines, on an individual basis, that the waiv- ments, and the Defense Agencies. authorization to enter into a multiyear con- er is appropriate. (2) ELEMENTS.—The report required by tract is provided under subsection (a). (e) REPORTS.—Not later than March 31 of paragraph (1) shall include an assessment of (c) CONDITION FOR OUT-YEAR CONTRACT each year beginning in 2014 and ending in the following: PAYMENTS.—A contract entered into under 2018, the Secretary shall submit to the con- (A) The systems, mechanisms, and struc- subsection (a) shall provide that any obliga- gressional defense committees a report on tures within the senior and intermediate tion of the United States to make a payment

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.095 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7258 CONGRESSIONAL RECORD — SENATE November 29, 2012 under the contract for a fiscal year after fis- ters, wars, acts of terrorism, other man- ‘‘(2) be designed to adapt to, and incor- cal year 2013 is subject to the availability of made disasters, and other hazards to public porate, future technologies for commu- appropriations or funds for that purpose for safety under this title, the Administrator nicating directly with the public; such later fiscal year. shall— ‘‘(3) be designed to— (d) MEMORANDUM OF AGREEMENT.—Not ‘‘(1) modernize the integrated public alert ‘‘(A) provide alerts that are accessible to later than 180 days after the date of the en- and warning system of the United States (in the largest portion of the affected population actment of this Act, the Secretary of the this section referred to as the ‘public alert feasible, including nonresident visitors and Navy and the Secretary of the Department and warning system’) to ensure that under tourists and individuals with disabilities, to in which the Coast Guard is operating shall all conditions the President and, except to the extent technically feasible; and enter into a memorandum of agreement es- the extent the public alert and warning sys- ‘‘(B) improve the ability of remote areas to tablishing a process by which the Navy, in tem is in use by the President, Federal agen- receive alerts; and concurrence with the Coast Guard, shall— cies and State, tribal, and local governments ‘‘(4) provide redundant alert mechanisms (1) identify the vessel specifications, capa- can alert and warn the civilian population in where practicable so as to reach the greatest bilities, systems, equipment, and other de- areas endangered by a natural disaster, war, number of people. tails required for the design of heavy polar act of terrorism, other man-made disaster, ‘‘(d) PILOT PROGRAMS.—The Administrator icebreakers capable of fulfilling Navy and or other hazard to public safety; and may conduct pilot programs for the purpose Coast Guard mission requirements; ‘‘(2) implement the public alert and warn- of demonstrating the feasibility of using a (2) oversee the construction of heavy polar ing system. variety of methods for achieving the system requirements specified in subsection (c). icebreakers authorized to be procured under ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In ‘‘(e) USE OF SYSTEM.— this section; and carrying out subsection (a), the Adminis- (3) to the extent not adequately addressed ‘‘(1) LIMITATION.—Except to the extent nec- trator shall— essary for testing the public alert and warn- in the 1965 Revised Memorandum of Agree- ‘‘(1) establish or adopt, as appropriate, ment between the Department of the Navy ing system, the Administrator may not common alerting and warning protocols, transmit a message from the President using and the Department of the Treasury on the standards, terminology, and operating proce- Operation of Icebreakers, transfer heavy the public alert and warning system that dures for the public alert and warning sys- does not relate to a natural disaster, war, act polar icebreakers procured through contem; tracts authorized under this section from the of terrorism, other man-made disaster, or ‘‘(2) include in the public alert and warning other hazard to public safety. Navy to the Coast Guard to be maintained system the capability to adapt the distribu- and operated by the Coast Guard. ‘‘(2) CONSUMER OPT-OUT.—Nothing in this tion and content of communications on the section shall be construed to supersede sec- basis of geographic location, risks, and mul- tion 602 of the SAFE Port Act (47 U.S.C. SA 3258. Mr. ALEXANDER (for him- tiple communication systems and tech- self and Mr. CORKER) submitted an 1201). nologies, as appropriate; ‘‘(f) PERFORMANCE REPORTS.— amendment intended to be proposed by ‘‘(3) include in the public alert and warning ‘‘(1) IN GENERAL.—Not later than 1 year him to the bill S. 3254, to authorize ap- system the capability to alert, warn, and after the date of enactment of the National propriations for fiscal year 2013 for provide equivalent information to individ- Defense Authorization Act for Fiscal Year military activities of the Department uals with disabilities and individuals with 2013, and annually thereafter through 2016, of Defense, for military construction, limited English proficiency, to the extent the Administrator shall make available on and for defense activities of the De- technically feasible; the public website of the Agency a perform- ‘‘(4) ensure training, tests, and exercises ance report, which shall— partment of Energy, to prescribe mili- for the public alert and warning system are tary personnel strengths for such fiscal ‘‘(A) establish performance goals for the conducted, including— implementation of the public alert and warn- year, and for other purposes; which was ‘‘(A) through exercises conducted under ing system by the Agency; ordered to lie on the table; as follows: the National Exercise Program described in ‘‘(B) describe the performance of the public At the end of subtitle B of title XXVI, add section 648 of the Post-Katrina Emergency alert and warning system, including— the following: Management Reform Act of 2006 (6 U.S.C. ‘‘(i) the type of technology used for alerts SEC. 2613. MODIFICATION OF AUTHORITY TO 748), to the extent determined appropriate by and warnings issued under the system; CARRY OUT CERTAIN FISCAL YEAR the Administrator; ‘‘(ii) the measures taken to alert, warn, 2011 PROJECT. ‘‘(B) the conduct of periodic nationwide and provide equivalent information to indi- In the case of the authorization contained tests; and viduals with disabilities and individuals with in the table in section 2604 of the Military ‘‘(C) by establishing and integrating into limited English proficiency; and Construction Authorization Act for Fiscal the National Incident Management System a ‘‘(iii) the training, tests, and exercises per- Year 2011 (division B of Public Law 111–383; comprehensive and periodic training pro- formed and the outcomes obtained by the 124 Stat. 4453) for Nashville International gram to instruct and educate Federal, State, Agency; Airport, Tennessee, for renovation of an In- tribal, and local government officials in the ‘‘(C) identify significant challenges to the telligence Squadron Facility, the Secretary use of the Common Alerting Protocol en- effective operation of the public alert and of the Air Force may convert up to 4,023 abled-Emergency Alert System; warning system and any plans to address square meters of existing facilities to bed ‘‘(5) conduct public education efforts so these challenges; down Intelligence Group and Remotely Pi- that State, tribal, and local governments, ‘‘(D) identify other necessary improve- loted Aircraft Remote Split Operations private entities, and the people of the United ments to the system; and Group missions, consistent with the Air Na- States understand the functions of the public ‘‘(E) provide an analysis comparing the tional Guard’s construction guidelines for alert and warning system and how to access, performance of the public alert and warning these missions. use, and respond to information from the system with the performance goals estab- public alert and warning system through a SA 3259. Ms. COLLINS (for herself lished under subparagraph (A). general market awareness campaign; ‘‘(2) CONGRESS.—The Administrator shall and Mr. CARPER) submitted an amend- ‘‘(6) in coordination with the Secretary, submit to the Committee on Homeland Secu- ment intended to be proposed by her to ensure that the public alert and warning sys- rity and Governmental Affairs of the Senate the bill S. 3254, to authorize appropria- tem coordinates with the National Terrorism and the Committee on Transportation and tions for fiscal year 2013 for military Advisory System, including ensuring that Infrastructure and the Committee on Home- activities of the Department of De- the National Terrorism Advisory System land Security of the House of Representa- fense, for military construction, and participates in tests of the public alert and tives each report required under paragraph warning system; for defense activities of the Depart- (1).’’. ‘‘(7) consult, coordinate, and cooperate (b) INTEGRATED PUBLIC ALERT AND WARN- ment of Energy, to prescribe military with the appropriate private sector entities ING SYSTEM MODERNIZATION SELECT ADVI- personnel strengths for such fiscal and Federal, State, tribal, and local govern- SORY COMMITTEE.— year, and for other purposes; which was mental authorities, including the Regional (1) ESTABLISHMENT.—Not later than 90 days ordered to lie on the table; as follows: Administrators and emergency response pro- after the date of enactment of this Act, the At the end of subtitle H of title X, add the viders; and Administrator of the Federal Emergency following: ‘‘(8) coordinate with, and consider the rec- Management Agency (in this subsection re- SEC. 1084. INTEGRATED PUBLIC ALERT AND ommendations of, the Select Advisory Com- ferred to as the ‘‘Administrator’’) shall es- WARNING SYSTEM MODERNIZATION. mittee established under section 1084(b) of tablish a select advisory committee to the (a) IN GENERAL.—Title V of the Homeland the National Defense Authorization Act for National Advisory Council established under Security Act of 2002 (6 U.S.C. 311 et seq.) is Fiscal Year 2013. section 508 of the Homeland Security Act of amended by adding at the end the following: ‘‘(c) SYSTEM REQUIREMENTS.—The public 2002 (6 U.S.C. 318) to be known as the Inte- ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND alert and warning system shall— grated Public Alert and Warning System Se- WARNING SYSTEM MODERNIZATION. ‘‘(1) incorporate multiple communication lect Advisory Committee (in this subsection ‘‘(a) IN GENERAL.—To provide timely and systems and technologies, to the extent de- referred to as the ‘‘Select Advisory Com- effective warnings regarding natural disas- termined appropriate by the Administrator; mittee’’).

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(2) MEMBERSHIP.—The Select Advisory ing recommendations to provide for a public the national security interests of the United Committee shall be composed of the fol- alert and warning system that— States with respect to the capacity of the Af- lowing members: (i) has the capability to adapt the distribu- ghan National Security Forces (ANSF). (A) The Chairman of the Federal Commu- tion and content of communications on the nications Commission (or the Chairman’s basis of geographic location, risks, and mul- SA 3261. Mr. MCCAIN submitted an designee). tiple communication systems and tech- amendment intended to be proposed by nologies, as appropriate; (B) The Administrator of the National Oce- him to the bill S. 3254, to authorize ap- anic and Atmospheric Administration of the (ii) has the capability to alert and warn in- Department of Commerce (or the Adminis- dividuals with disabilities and individuals propriations for fiscal year 2013 for trator’s designee). with limited English proficiency; military activities of the Department (C) The Assistant Secretary for Commu- (iii) incorporates multiple communications of Defense, for military construction, nications and Information of the Department technologies, to the extend determined ap- and for defense activities of the De- of Commerce (or the Assistant Secretary’s propriate by the Select Advisory Committee; partment of Energy, to prescribe mili- designee). (iv) is designed to adapt to, and incor- tary personnel strengths for such fiscal (D) The Under Secretary for Science and porate, future technologies for commu- year, and for other purposes; which was nicating directly with the public; Technology of the Department of Homeland ordered to lie on the table; as follows: Security (or the Under Secretary’s designee). (v) encourages proper use by State and (E) The Under Secretary for the National local governments of the public alert and At the end of subtitle C of title XV, add the Protection and Programs Directorate (or the warning system through training programs following: Under Secretary’s designee). and other means; SEC. 1536. SUBMITTAL TO CONGRESS OF RISK AS- (F) The Director of the Office of Disability (vi) is designed to provide alerts to the SESSMENTS ON CHANGES IN UNITED Integration and Coordination of the Federal largest portion of the affected population STATES TROOP LEVELS IN AFGHANI- Emergency Management Agency. feasible, including nonresident visitors and STAN. (G) Qualified individuals appointed by the tourists, and improve the ability of remote (a) SUBMITTAL REQUIRED.—Not later than Administrator as soon as practicable after areas to receive alerts; 30 days after a decision by the President to the date of enactment of this Act from (vii) promotes local and regional public change the levels of United States Armed among the following: and private partnerships to enhance commu- Forces deployed in Afghanistan, the Chair- (i) Representatives of State and local gov- nity preparedness and response; and man of the Joint Chiefs of Staff shall, ernments, representatives of federally recog- (viii) provides redundant alert mechanisms through the Secretary of Defense, submit to nized Indian tribes and national tribal orga- where practicable so as to reach the greatest the congressional defense committees a de- nizations, representatives of emergency number of people regardless of whether they tailed assessment of the risk to the United management agencies, representatives of have access to, or use, any specific medium States mission and interests in Afghanistan emergency response providers, and rep- of communication or any particular device. as the change in levels is implemented. resentatives of emergency communication (6) REPORT.—Not later than 1 year after (b) ELEMENTS.—The risk assessment under providers. the date of enactment of this Act, and every subsection (a) on a change in levels of United (ii) Individuals who have the requisite year after, the Select Advisory Committee States Armed Forces in Afghanistan shall in- technical knowledge and expertise to serve shall submit to the National Advisory Coun- clude the following: on the Select Advisory Committee, including cil established under section 508 of the (1) A description of the current security representatives of— Homeland Security Act of 2002 (6 U.S.C. 318), situation in Afghanistan. (I) vendors, developers, and manufacturers the Administrator, the Committee on Home- (2) A description of any anticipated of systems, facilities, equipment, and capa- land Security and Governmental Affairs of changes to United States military operations bilities for the provision of communications the Senate, and the Committee on Homeland and objectives in Afghanistan associated services; Security of the House of Representatives a with such change in levels. (II) the broadcasting industry; report describing the activities of the Select (3) An identification and assessment of any (III) the cellular industry; Advisory Committee and containing any rec- changes in United States military capabili- (IV) the cable industry; ommendations of the Select Advisory Com- ties, including manpower, logistics, intel- (V) the satellite industry; mittee. ligence, and mobility support, in Afghani- (VI) consumer or privacy advocates; (c) AUTHORIZATION OF APPROPRIATIONS.— stan associated with such change in levels. (VII) national organizations representing There are to be authorized to be appro- (4) An identification and assessment of the individuals with disabilities, the blindness, priated such sums as may be necessary to risk associated with any changes in United deaf, and hearing loss communities, and the carry out this section and the amendments States mission, military capabilities, oper- elderly; and made by this section for each of fiscal years ations, and objectives in Afghanistan associ- (VIII) organizations representing individ- 2013 through 2017. ated with such change in levels. uals with limited English proficiency. (d) LIMITATION ON STATUTORY CONSTRUC- (5) An identification and assessment of any (iii) Qualified representatives of such other TION.—Nothing in this section (including the capability gaps within the Afghanistan secu- stakeholders and interested and affected par- amendments made by this section) shall be rity forces that will impact their ability to ties as the Administrator considers appro- construed to affect the authority of the De- conduct operations following such change in priate. partment of Commerce or the Federal Com- levels. (3) CHAIRPERSON.—The Administrator (or munications Commission. (6) An identification and assessment of the the Administrator’s designee) shall serve as risk associated with the transition of combat the Chairperson of the Select Advisory Com- SA 3260. Mr. CORNYN submitted an responsibilities to the Afghanistan security mittee. amendment intended to be proposed by forces following such change in levels. (4) MEETINGS.— him to the bill S. 3254, to authorize ap- (7) An assessment of the impact of such (A) INITIAL MEETING.—The initial meeting propriations for fiscal year 2013 for change in levels on coalition military con- of the Select Advisory Committee shall take military activities of the Department tributions to the mission in Afghanistan. place not later than 180 days after the date of Defense, for military construction, (8) A description of the assumptions to be of enactment of this Act. and for defense activities of the De- in force regarding the security situation in (B) OTHER MEETINGS.—After the initial partment of Energy, to prescribe mili- Afghanistan following such change in levels. meeting, the Select Advisory Committee (9) Such other matters regarding such shall meet, at least annually, at the call of tary personnel strengths for such fiscal change in levels as the Chairman considers the Chairperson. year, and for other purposes; which was appropriate. (5) RECOMMENDATIONS.—The Select Advi- ordered to lie on the table; as follows: sory Committee may develop and submit in At the end of subtitle E of title X, add the SA 3262. Mr. MCCAIN submitted an the annual reports under paragraph (6) rec- following: amendment intended to be proposed by ommendations for the continuation and im- SEC. 1048. PROHIBITION ON FUNDS TO ENTER him to the bill S. 3254, to authorize ap- provement of the public alert and warning INTO CONTRACTS OR AGREEMENTS system, including— WITH ROSOBORONEXPORT. propriations for fiscal year 2013 for (A) recommendations for common alerting (a) PROHIBITION.—None of the funds author- military activities of the Department and warning protocols, standards, termi- ized to be appropriated by this Act may be of Defense, for military construction, nology, and operating procedures for the used to enter into a contract, memorandum and for defense activities of the De- public alert and warning system; of understanding, or cooperative agreement partment of Energy, to prescribe mili- (B) an assessment of the accomplishments with, to make a grant to, or to provide a tary personnel strengths for such fiscal and deficiencies of the public alert and warn- loan or loan guarantee to Rosoboronexport. year, and for other purposes; which was ing system, as well as the impact on current (b) NATIONAL SECURITY WAIVER AUTHOR- alert and warning systems; and ITY.—The Secretary of Defense may waive ordered to lie on the table; as follows: (C) recommendations for improvements to the applicability of subsection (a) if the Sec- At the end of subtitle C of title XII, add the public alert and warning system, includ- retary determines that such a waiver is in the following:

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This title may be cited as the ‘‘Sports- from a polar bear population from which a (a) REPORT REQUIRED.—Not later than 60 men’s Act of 2012’’. days after the date of the enactment of this sport-hunted trophy could be imported be- Subtitle A—Hunting, Fishing, and fore that date in accordance with section Act, the Secretary of Defense shall, in con- Recreational Shooting sultation with the Chairman of the Joint 18.30(i) of title 50, Code of Federal Regula- PART I—HUNTING AND RECREATIONAL Chiefs of Staff, submit to the congressional tions. SHOOTING defense committees a report identifying the ‘‘(ii) The Secretary shall issue permits limited military activities that could deny SEC. 3611. MAKING PUBLIC LAND PUBLIC. under clause (i)(I) without regard to subpara- or significantly degrade the ability of Presi- (a) IN GENERAL.—Section 3 of the Land and graphs (A) and (C)(ii) of this paragraph, sub- dent Bashar al-Assad of Syria, and forces Water Conservation Fund Act of 1965 (16 section (d)(3), and sections 101 and 102. Sec- loyal to him, to use air power against civil- U.S.C. 460l–6) is amended— tions 101(a)(3)(B) and 102(b)(3) shall not apply ians and opposition groups in Syria. (1) by striking ‘‘SEC. 3. APPROPRIATIONS.— to the importation of any polar bear part au- (b) NATURE OF MILITARY ACTIVITIES.— Moneys’’ and inserting the following: thorized by a permit issued under clause (1) PRINCIPAL PURPOSE.—The principal pur- ‘‘SEC. 3. FUNDING. (i)(I). This clause shall not apply to polar pose of the military activities identified for ‘‘(a) IN GENERAL.—Amounts’’; and bear parts that were imported before June purposes of the report required by subsection (2) by adding at the end the following: 12, 1997. (a) shall be to advance the goals of President ‘‘(b) PRIORITY LIST.— ‘‘(iii) The Secretary shall issue permits Obama of stopping the killing of civilians in ‘‘(1) IN GENERAL.—Subject to the avail- under clause (i)(II) without regard to sub- Syria and creating conditions for a transi- ability of appropriations and notwith- paragraph (C)(ii) of this paragraph or sub- tion to a democratic, pluralistic political standing any other provision of this Act, the section (d)(3). Sections 101(a)(3)(B) and system in Syria. Secretary of the Interior and the Secretary 102(b)(3) shall not apply to the importation (2) ADDITIONAL GOALS.—The military ac- of Agriculture shall ensure that, of the of any polar bear part authorized by a permit tivities identified for purposes of the report amounts made available for the fund for each issued under clause (i)(II). This clause shall shall also meet the goals as follows: fiscal year, not less than 1.5 percent of the not apply to polar bear parts that were im- (A) That the United States Armed Forces amounts shall be made available for projects ported before the date of enactment of the conduct such activities with foreign allies or identified on the priority list developed Sportsmen’s Act of 2012.’’. partners. under paragraph (2). SEC. 3613. TRANSPORTING BOWS THROUGH NA- (B) That United States ground troops not ‘‘(2) PRIORITY LIST.—The Secretary of the TIONAL PARKS. be deployed onto Syrian territory. Interior and the Secretary of Agriculture, in (a) FINDINGS.—Congress finds that— (C) That the risk to civilians on the ground consultation with the head of each affected (1) bowhunters are known worldwide as in Syria be limited. Federal agency, shall annually develop a pri- among the most skilled, ethical, and con- (D) That the risks to United States mili- ority list for the sites under the jurisdiction servation-minded of all hunters; tary personnel be limited. of the applicable Secretary. (2) bowhunting organizations at the Fed- (E) That the financial costs to the United ‘‘(3) CRITERIA.—Projects identified on the eral, State, and local level contribute signifi- States be limited. priority list developed under paragraph (2) cant financial and human resources to wild- (c) ELEMENTS ON POTENTIAL MILITARY AC- shall secure recreational public access to life conservation and youth education pro- TIVITIES.—The report required by subsection Federal public land in existence as of the grams throughout the United States; and (a) shall include a comprehensive descrip- date of enactment of this subsection that has (3) bowhunting contributes $38,000,000,000 tion, evaluation, and assessment of the po- significantly restricted access for hunting, each year to the economy of the United tential effectiveness of the following mili- fishing, and other recreational purposes States. tary activities, as required by subsection (a): through rights-of-way or acquisition of land (b) POSSESSION OF BOWS IN UNITS OF NA- (1) The deployment of air defense systems, (or any interest in land) from willing sell- TIONAL PARK SYSTEM OR NATIONAL WILDLIFE such as Patriot missile batteries, to neigh- ers.’’. REFUGE SYSTEM.— boring countries for the purpose of denying (1) IN GENERAL.—Subject to paragraph (2), (b) CONFORMING AMENDMENTS.— or significantly degrading the operational the Secretary of the Interior shall permit in- (1) LAND AND WATER CONSERVATION FUND capability of Syria aircraft. dividuals carrying bows and crossbows to ACT.—The Land and Water Conservation (2) The establishment of one or more no-fly Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) is traverse national park land if the traverse zones over key population centers in Syria. amended— is— (3) Limited air strikes to destroy or signifi- (A) in the proviso at the end of section (A) for the sole purpose of hunting on adja- cantly degrade Syria aircraft. 2(c)(2) (16 U.S.C. 460l–5(c)(2)), by striking cent public or private land; and (4) Such other military activities as the ‘‘notwithstanding the provisions of section 3 (B) the most direct means of access to the Secretary considers appropriate to achieve of this Act’’; adjacent land. the goals stated in subsection (b). (B) in the first sentence of section 9 (16 (2) USE.—Nothing in this section author- (d) ELEMENTS IN DESCRIPTION OF POTENTIAL U.S.C. 460l–10a), by striking ‘‘by section 3 of izes the use of the bows or crossbows that are MILITARY ACTIVITIES.—For each military ac- this Act’’; and being carried while on national park land. tivity that the Secretary identifies in sub- PART II—TARGET PRACTICE AND section (c), the comprehensive description of (C) in the third sentence of section 10 (16 MARKSMANSHIP TRAINING SUPPORT such activities under that subsection shall U.S.C. 460l–10b), by striking ‘‘by section 3 of include, but not be limited to, the type and this Act’’. SEC. 3621. TARGET PRACTICE AND MARKSMAN- the number of United States military per- (2) FEDERAL LAND TRANSACTION FACILITA- SHIP TRAINING. sonnel and assets to be involved in such ac- TION ACT.—Section 206(f)(2) of the Federal This part may be cited as the ‘‘Target tivities, the anticipated duration of such ac- Land Transaction Facilitation Act (43 U.S.C. Practice and Marksmanship Training Sup- tivities, and the anticipated cost of such ac- 2305(f)(2)) is amended by striking ‘‘section 3 port Act’’. tivities. The report shall also identify what of the Land and Water Conservation Fund SEC. 3622. FINDINGS; PURPOSE. elements would be required to maximize the Act (16 U.S.C. 460l–6)’’ and inserting ‘‘the (a) FINDINGS.—Congress finds that— effectiveness of such military activities. Land and Water Conservation Fund Act of (1) in recent years preceding the date of en- (e) NO AUTHORIZATION FOR USE OF MILITARY 1965 (16 U.S.C. 460l–4 et seq.)’’. actment of this Act, portions of Federal land FORCE.—Nothing in this section shall be con- SEC. 3612. PERMITS FOR IMPORTATION OF have been closed to target practice and strued as a declaration or war or an author- POLAR BEAR TROPHIES TAKEN IN marksmanship training for many reasons; ization for the use of force. SPORT HUNTS IN CANADA. (2) the availability of public target ranges Section 104(c)(5) of the Marine Mammal on non-Federal land has been declining for a SA 3263. Mr. TESTER submitted an Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is variety of reasons, including continued popu- amendment intended to be proposed by amended by striking subparagraph (D) and lation growth and development near former him to the bill S. 3254, to authorize ap- inserting the following: ranges; propriations for fiscal year 2013 for ‘‘(D)(i) The Secretary of the Interior shall, (3) providing opportunities for target prac- military activities of the Department expeditiously after the expiration of the ap- tice and marksmanship training at public of Defense, for military construction, plicable 30-day period under subsection target ranges on Federal and non-Federal and for defense activities of the De- (d)(2), issue a permit for the importation of land can help— any polar bear part (other than an internal (A) to promote enjoyment of shooting, rec- partment of Energy, to prescribe mili- organ) from a polar bear taken in a sport reational, and hunting activities; and tary personnel strengths for such fiscal hunt in Canada to any person— (B) to ensure safe and convenient locations year, and for other purposes; which was ‘‘(I) who submits, with the permit applica- for those activities; ordered to lie on the table; as follows: tion, proof that the polar bear was legally (4) Federal law in effect on the date of en- On page 595, between lines 7 and 8, insert harvested by the person before February 18, actment of this Act, including the Pittman- the following: 1997; or Robertson Wildlife Restoration Act (16

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U.S.C. 669 et seq.), provides Federal support (2) by striking subsection (b) and inserting (b) RELATIONSHIP TO OTHER LAW.—Nothing for construction and expansion of public tar- the following: in this section or any amendment made by get ranges by making available to States ‘‘(b) COST SHARING.— this section affects or limits the application amounts that may be used for construction, ‘‘(1) IN GENERAL.—Except as provided in of or obligation to comply with any other operation, and maintenance of public target paragraph (2), the Federal share of the cost Federal, State or local law. ranges; and of any activity carried out using a grant Subtitle B—National Fish Habitat (5) it is in the public interest to provide in- under this section shall not exceed 75 percent PART I—NATIONAL FISH HABITAT of the total cost of the activity. creased Federal support to facilitate the con- SEC. 3641. DEFINITIONS. ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR struction or expansion of public target In this part: EXPANSION.—The Federal share of the cost of ranges. (1) APPROPRIATE CONGRESSIONAL COMMIT- (b) PURPOSE.—The purpose of this part is to acquiring land for, expanding, or con- TEES.—The term ‘‘appropriate congressional facilitate the construction and expansion of structing a public target range in a State on committees’’ means— public target ranges, including ranges on Federal or non-Federal land pursuant to this (A) the Committee on Commerce, Science, Federal land managed by the Forest Service section or section 8(b) shall not exceed 90 and Transportation and the Committee on and the Bureau of Land Management. percent of the cost of the activity.’’; and (3) in subsection (c)(1)— Environment and Public Works of the Sen- SEC. 3623. DEFINITION OF PUBLIC TARGET ate; and RANGE. (A) by striking ‘‘Amounts made’’ and in- (B) the Committee on Natural Resources of In this part, the term ‘‘public target serting the following: the House of Representatives. range’’ means a specific location that— ‘‘(A) IN GENERAL.—Except as provided in (2) AQUATIC HABITAT.— (1) is identified by a governmental agency subparagraph (B), amounts made’’; and (A) IN GENERAL.—The term ‘‘aquatic habi- for recreational shooting; (B) by adding at the end the following: tat’’ means any area on which an aquatic or- (2) is open to the public; ‘‘(B) EXCEPTION.—Amounts provided for ac- ganism depends, directly or indirectly, to (3) may be supervised; and quiring land for, constructing, or expanding carry out the life processes of the organism, (4) may accommodate archery or rifle, pis- a public target range shall remain available including an area used by the organism for tol, or shotgun shooting. for expenditure and obligation during the 5- spawning, incubation, nursery, rearing, fiscal-year period beginning on October 1 of SEC. 3624. AMENDMENTS TO PITTMAN-ROBERT- growth to maturity, food supply, or migra- SON WILDLIFE RESTORATION ACT. the first fiscal year for which the amounts tion. (a) DEFINITIONS.—Section 2 of the Pittman- are made available.’’. (B) INCLUSIONS.—The term ‘‘aquatic habi- Robertson Wildlife Restoration Act (16 (d) TECHNICAL AND CONFORMING AMEND- U.S.C. 669a) is amended— MENTS TO THE PITTMAN-ROBERTSON WILDLIFE tat’’ includes an area adjacent to an aquatic (1) by redesignating paragraphs (2) through RESTORATION ACT.— environment, if the adjacent area— (8) as paragraphs (3) through (9), respec- (1) TECHNICAL AMENDMENTS.—Section 4 of (i) contributes an element, such as the tively; and the Pittman-Robertson Wildlife Restoration input of detrital material or the promotion (2) by inserting after paragraph (1) the fol- Act (16 U.S.C. 669c) is amended— of a planktonic or insect population pro- lowing: (A) by redesignating subsection (d) as sub- viding food, that makes fish life possible; ‘‘(2) the term ‘public target range’ means a section (e); and (ii) protects the quality and quantity of specific location that— (B) by striking ‘‘(c) APPORTIONMENT’’ and water sources; ‘‘(A) is identified by a governmental agen- inserting ‘‘(d) APPORTIONMENT’’. (iii) provides public access for the use of cy for recreational shooting; (2) CONFORMING AMENDMENTS.— fishery resources; or ‘‘(B) is open to the public; (A) DEFINITIONS.—Section 2(6) of the Pitt- (iv) serves as a buffer protecting the aquat- ‘‘(C) may be supervised; and man-Robertson Wildlife Restoration Act (16 ic environment. ‘‘(D) may accommodate archery or rifle, U.S.C. 669a(6)) is amended by striking ‘‘sec- (3) ASSISTANT ADMINISTRATOR.—The term pistol, or shotgun shooting;’’. tion 4(d)’’ and inserting ‘‘section 4(e)’’. ‘‘Assistant Administrator’’ means the As- (b) EXPENDITURES FOR MANAGEMENT OF (B) AUTHORIZATION OF APPROPRIATIONS.— sistant Administrator for Fisheries of the WILDLIFE AREAS AND RESOURCES.—Section Section 3(c)(2) of the Pittman-Robertson National Oceanic and Atmospheric Adminis- 8(b) of the Pittman-Robertson Wildlife Res- Wildlife Restoration Act (16 U.S.C. 669b(c)(2)) tration. toration Act (16 U.S.C. 669g(b)) is amended— is amended by striking ‘‘sections 4(d) and (4) BOARD.—The term ‘‘Board’’ means the (1) by striking ‘‘(b) Each State’’ and insert- (e)’’ and inserting ‘‘section 4(e)’’. National Fish Habitat Board established by ing the following: SEC. 3625. SENSE OF CONGRESS REGARDING CO- section 3642(a)(1). ‘‘(b) EXPENDITURES FOR MANAGEMENT OF OPERATION. (5) CONSERVATION; CONSERVE; MANAGE; MAN- WILDLIFE AREAS AND RESOURCES.— It is the sense of Congress that, consistent AGEMENT.—The terms ‘‘conservation’’, ‘‘con- ‘‘(1) IN GENERAL.—Except as provided in with applicable laws (including regulations), serve’’, ‘‘manage’’, and ‘‘management’’ mean paragraph (2), each State’’; the Chief of the Forest Service and the Di- to protect, sustain, and, where appropriate, (2) in paragraph (1) (as so designated), by rector of the Bureau of Land Management restore and enhance, using methods and pro- striking ‘‘construction, operation,’’ and in- should cooperate with State and local au- cedures associated with modern scientific re- serting ‘‘operation’’; thorities and other entities to implement source programs (including protection, re- (3) in the second sentence, by striking best practices for waste management and research, census, law enforcement, habitat ‘‘The non-Federal share’’ and inserting the moval and carry out other related activities management, propagation, live trapping and following: on any Federal land used as a public target transplantation, and regulated taking)— ‘‘(3) NON-FEDERAL SHARE.—The non-Federal range to encourage continued use of that (A) a healthy population of fish, wildlife, share’’; land for target practice or marksmanship or plant life; (4) in the third sentence, by striking ‘‘The training. (B) a habitat required to sustain fish, wild- Secretary’’ and inserting the following: PART III—FISHING life, or plant life; or ‘‘(4) REGULATIONS.—The Secretary’’; and SEC. 3631. MODIFICATION OF DEFINITION OF (C) a habitat required to sustain fish, wild- (5) by inserting after paragraph (1) (as des- TOXIC SUBSTANCE TO EXCLUDE life, or plant life productivity. ignated by paragraph (1) of this subsection) SPORT FISHING EQUIPMENT. (6) DIRECTOR.—The term ‘‘Director’’ means the following: (a) IN GENERAL.—Section 3(2)(B) of the the Director of the United States Fish and ‘‘(2) EXCEPTION.—Notwithstanding the lim- Toxic Substances Control Act (15 U.S.C. Wildlife Service. itation described in paragraph (1), a State 2602(2)(B)) is amended— (7) FISH.— may use the funds apportioned to the State (1) in clause (v), by striking ‘‘, and’’ and in- (A) IN GENERAL.—The term ‘‘fish’’ means under section 4(d) to pay up to 90 percent of serting ‘‘, or any component of any such arti- any freshwater, diadromous, estuarine, or the cost of acquiring land for, expanding, or cle when included in the article including, marine finfish or shellfish. constructing a public target range.’’. without limitation, shot, bullets and other (B) INCLUSIONS.—The term ‘‘fish’’ includes (c) FIREARM AND BOW HUNTER EDUCATION projectiles, propellants, and primers,’’; the egg, spawn, spat, larval, and other juve- AND SAFETY PROGRAM GRANTS.—Section 10 of (2) in clause (vi) by striking the period at nile stages of an organism described in sub- the Pittman-Robertson Wildlife Restoration the end and inserting ‘‘, and’’; and paragraph (A). Act (16 U.S.C. 669h–1) is amended— (3) by inserting after clause (vi) the fol- (8) FISH HABITAT CONSERVATION PROJECT.— (1) in subsection (a), by adding at the end lowing: (A) IN GENERAL.—The term ‘‘fish habitat the following: ‘‘(vii) any sport fishing equipment (as such conservation project’’ means a project that— ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— term is defined in section 4162(a) of the Inter- (i) is submitted to the Board by a Partner- Of the amount apportioned to a State for nal Revenue Code of 1986, without regard to ship and approved by the Secretary under any fiscal year under section 4(b), the State paragraphs (6) through (9) thereof) the sale of section 3644; and may elect to allocate not more than 10 per- which is subject to the tax imposed by sec- (ii) provides for the conservation or man- cent, to be combined with the amount appor- tion 4161(a) of such Code (determined with- agement of an aquatic habitat. tioned to the State under paragraph (1) for out regard to any exemptions from such tax (B) INCLUSIONS.—The term ‘‘fish habitat that fiscal year, for acquiring land for, ex- as provided by section 4162 or 4221 or any conservation project’’ includes— panding, or constructing a public target other provision of such Code), and sport fish- (i) the provision of technical assistance to range.’’; ing equipment components.’’. a State, Indian tribe, or local community by

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.083 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7262 CONGRESSIONAL RECORD — SENATE November 29, 2012 the National Fish Habitat Conservation (I) 1 shall be a representative of the Amer- ment made by the remaining members of the Partnership Office or any other agency to fa- ican Fisheries Society; Board. cilitate the development of strategies and (J) 2 shall be representatives of Indian (B) TRIBAL REPRESENTATIVES.—Following a priorities for the conservation of aquatic tribes, of whom— vacancy of a member of the Board described habitats; or (i) 1 shall represent Indian tribes from the in subparagraph (J) of subsection (a)(2), the (ii) the obtaining of a real property inter- State of Alaska; and Secretary shall recommend to the Board not est in land or water, including water rights, (ii) 1 shall represent Indian tribes from the less than 4 tribal representatives, from in accordance with terms and conditions other States; which the remaining members of the Board that ensure that the real property will be ad- (K) 1 shall be a representative of the Re- shall appoint a representative to fill the va- ministered for the long-term conservation gional Fishery Management Councils estab- cancy. of— lished under section 302 of the Magnuson- (5) CONTINUATION OF SERVICE.—An indi- (I) the land or water; and Stevens Fishery Conservation and Manage- vidual whose term of service as a member of (II) the fish dependent on the land or ment Act (16 U.S.C. 1852); the Board expires may continue to serve on water. (L) 1 shall be a representative of the Ma- the Board until a successor is appointed. (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ rine Fisheries Commissions, which is com- (6) REMOVAL.—If a member of the Board de- has the meaning given the term in section 4 posed of— scribed in any of subparagraphs (H) through of the Indian Self-Determination and Edu- (i) the Atlantic States Marine Fisheries (N) of subsection (a)(2) misses 3 consecutive cation Assistance Act (25 U.S.C. 450b). Commission; regularly scheduled Board meetings, the (10) NATIONAL FISH HABITAT ACTION PLAN.— (ii) the Gulf States Marine Fisheries Com- members of the Board may— The term ‘‘National Fish Habitat Action mission; and (A) vote to remove that member; and Plan’’ means the National Fish Habitat Ac- (iii) the Pacific States Marine Fisheries (B) appoint another individual in accord- tion Plan dated April 24, 2006, and any subse- Commission; ance with paragraph (4). quent revisions or amendments to that plan. (M) 1 shall be a representative of the (c) CHAIRPERSON.— (11) PARTNERSHIP.—The term ‘‘Partner- Sportfishing and Boating Partnership Coun- (1) IN GENERAL.—The Board shall elect a ship’’ means an entity designated by the cil; and member of the Board to serve as Chairperson Board as a Fish Habitat Conservation Part- (N) 10 shall be representatives selected of the Board. nership pursuant to section 3643(a). from each of the following groups: (2) TERM.—The Chairperson of the Board (12) REAL PROPERTY INTEREST.—The term (i) The recreational sportfishing industry. shall serve for a term of 3 years. ‘‘real property interest’’ means an ownership (ii) The commercial fishing industry. (d) MEETINGS.— interest in— (iii) Marine recreational anglers. (1) IN GENERAL.—The Board shall meet— (A) land; (iv) Freshwater recreational anglers. (A) at the call of the Chairperson; but (B) water (including water rights); or (v) Terrestrial resource conservation orga- (B) not less frequently than twice each cal- (C) a building or object that is perma- nizations. endar year. (vi) Aquatic resource conservation organi- nently affixed to land. (2) PUBLIC ACCESS.—All meetings of the zations. (13) SECRETARY.—The term ‘‘Secretary’’ Board shall be open to the public. (vii) The livestock and poultry production means the Secretary of the Interior. (e) PROCEDURES.— industry. (14) STATE AGENCY.—The term ‘‘State agen- (1) IN GENERAL.—The Board shall establish (viii) The land development industry. cy’’ means— procedures to carry out the business of the (ix) The row crop industry. (A) the fish and wildlife agency of a State; Board, including— (x) Natural resource commodity interests, (B) any department or division of a depart- (A) a requirement that a quorum of the such as petroleum or mineral extraction. ment or agency of a State that manages in members of the Board be present to transact (3) COMPENSATION.—A member of the Board the public trust the inland or marine fishery business; shall serve without compensation. resources or the habitat for those fishery re- (B) a requirement that no recommenda- (4) TRAVEL EXPENSES.—A member of the sources of the State pursuant to State law or tions may be adopted by the Board, except Board shall be allowed travel expenses, in- 2⁄3 of all members present and the constitution of the State; or cluding per diem in lieu of subsistence, at by the vote of (C) the fish and wildlife agency of the Com- rates authorized for an employee of an agen- voting; monwealth of Puerto Rico, Guam, the Virgin cy under subchapter I of chapter 57 of title 5, (C) procedures for establishing national Islands, or any other territory or possession United States Code, while away from the goals and priorities for aquatic habitat con- of the United States. home or regular place of business of the servation for the purposes of this part; SEC. 3642. NATIONAL FISH HABITAT BOARD. member in the performance of the duties of (D) procedures for designating Partner- (a) ESTABLISHMENT.— the Board. ships under section 3643; and (1) IN GENERAL.—There is established a (b) APPOINTMENT AND TERMS.— (E) procedures for reviewing, evaluating, board, to be known as the ‘‘National Fish (1) IN GENERAL.—Except as otherwise pro- and making recommendations regarding fish Habitat Board’’— vided in this subsection, a member of the habitat conservation projects. (A) to promote, oversee, and coordinate the Board described in any of subparagraphs (H) (2) QUORUM.—A majority of the members of implementation of this part and the Na- through (N) of subsection (a)(2) shall serve the Board shall constitute a quorum. tional Fish Habitat Action Plan; for a term of 3 years. SEC. 3643. FISH HABITAT PARTNERSHIPS. (B) to establish national goals and prior- (2) INITIAL BOARD MEMBERSHIP.— (a) AUTHORITY TO DESIGNATE.—The Board ities for aquatic habitat conservation; (A) IN GENERAL.—Not later than 180 days may designate Fish Habitat Partnerships in (C) to designate Partnerships; and after the date of enactment of this Act, the accordance with this section. (D) to review and make recommendations representatives of the board established by (b) PURPOSES.—The purposes of a Partner- regarding fish habitat conservation projects. the National Fish Habitat Action Plan shall ship shall be— (2) MEMBERSHIP.—The Board shall be com- appoint the initial members of the Board de- (1) to coordinate the implementation of posed of 27 members, of whom— scribed in subparagraphs (H) through (I) and the National Fish Habitat Action Plan at a (A) 1 shall be the Director; (K) through (N) of subsection (a)(2). regional level; (B) 1 shall be the Assistant Administrator; (B) TRIBAL REPRESENTATIVES.—Not later (2) to identify strategic priorities for fish (C) 1 shall be the Chief of the Natural Re- than 180 days after the enactment of this habitat conservation; sources Conservation Service; Act, the Secretary shall provide to the board (3) to recommend to the Board fish habitat (D) 1 shall be the Chief of the Forest Serv- established by the National Fish Habitat Ac- conservation projects that address a stra- ice; tion Plan a recommendation of not less than tegic priority of the Board; and (E) 1 shall be the Assistant Administrator 4 tribal representatives, from which that (4) to develop and carry out fish habitat for Water of the Environmental Protection board shall appoint 2 representatives pursu- conservation projects. Agency; ant to subparagraph (J) of subsection (a)(2). (c) APPLICATIONS.—An entity seeking to be (F) 1 shall be the President of the Associa- (3) TRANSITIONAL TERMS.—Of the members designated as a Partnership shall submit to tion of Fish and Wildlife Agencies; described in subsection (a)(2)(N) initially ap- the Board an application at such time, in (G) 1 shall be the Secretary of the Board of pointed to the Board— such manner, and containing such informa- Directors of the National Fish and Wildlife (A) 4 shall be appointed for a term of 1 tion as the Board may reasonably require. Foundation appointed pursuant to section year; (d) APPROVAL.—The Board may approve an 3(g)(2)(B) of the National Fish and Wildlife (B) 4 shall be appointed for a term of 2 application for a Partnership submitted Foundation Establishment Act (16 U.S.C. years; and under subsection (c) if the Board determines 3702(g)(2)(B)); (C) 3 shall be appointed for a term of 3 that the applicant— (H) 4 shall be representatives of State years. (1) includes representatives of a diverse agencies, 1 of whom shall be nominated by a (4) VACANCIES.— group of public and private partners, includ- regional association of fish and wildlife (A) IN GENERAL.—A vacancy of a member of ing Federal, State, or local governments, agencies from each of the Northeast, South- the Board described in any of subparagraphs nonprofit entities, Indian tribes, and private east, Midwest, and Western regions of the (H) through (I) or (K) through (N) of sub- individuals, that are focused on conservation United States; section (a)(2) shall be filled by an appoint- of aquatic habitats to achieve results across

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.083 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7263 jurisdictional boundaries on public and pri- and adapt to environmental stressors such as to the maximum extent practicable, on the vate land; climate change; and criteria described in subsection (c)— (2) is organized to promote the health of (E) the substantiality of the character and (A) the Secretary shall approve, reject, or important aquatic habitats and distinct geo- design of the fish habitat conservation reorder the priority of any fish habitat con- graphical areas, keystone fish species, or project. servation project recommended by the Board system types, including reservoirs, natural (d) LIMITATIONS.— that is not within a marine or estuarine lakes, coastal and marine environments, and (1) REQUIREMENTS FOR EVALUATION.—No habitat; and estuaries; fish habitat conservation project may be rec- (B) the Secretary and the Secretary of (3) identifies strategic fish and aquatic ommended by the Board under subsection (b) Commerce shall jointly approve, reject, or habitat priorities for the Partnership area in or provided financial assistance under this reorder the priority of any fish habitat con- the form of geographical focus areas or key part unless the fish habitat conservation servation project recommended by the Board stressors or impairments to facilitate stra- project includes an evaluation plan de- that is within a marine or estuarine habitat. tegic planning and decisionmaking; signed— (2) FUNDING.—If the Secretary, or the Sec- (4) is able to address issues and priorities (A) to appropriately assess the biological, retary and the Secretary of Commerce joint- on a nationally significant scale; ecological, or other results of the habitat ly, approves a fish habitat conservation (5) includes a governance structure that— protection, restoration, or enhancement ac- project under paragraph (1), the Secretary, (A) reflects the range of all partners; and tivities carried out using the assistance; or the Secretary and the Secretary of Com- (B) promotes joint strategic planning and (B) to reflect appropriate changes to the merce jointly, shall use amounts made avail- decisionmaking by the applicant; fish habitat conservation project if the as- able to carry out this part to provide funds (6) demonstrates completion of, or signifi- sessment substantiates that the fish habitat to carry out the fish habitat conservation cant progress toward the development of, a conservation project objectives are not being project. strategic plan to address the causes of sys- met; and (3) NOTIFICATION.—If the Secretary, or the tem decline in fish populations, rather than (C) to require the submission to the Board Secretary and the Secretary of Commerce simply treating symptoms in accordance of a report describing the findings of the as- jointly, rejects or reorders the priority of with the National Fish Habitat Action Plan; sessment. any fish habitat conservation project rec- and (2) ACQUISITION OF REAL PROPERTY INTER- ommended by the Board under subsection (7) ensures collaboration in developing a ESTS.— (b), the Secretary, or the Secretary and the strategic vision and implementation pro- (A) IN GENERAL.—No fish habitat conserva- Secretary of Commerce jointly, shall provide gram that is scientifically sound and achiev- tion project that will result in the acquisi- to the Board and the appropriate Partner- able. tion by the State, local government, or other ship a written statement of the reasons that SEC. 3644. FISH HABITAT CONSERVATION non-Federal entity, in whole or in part, of the Secretary, or the Secretary and the Sec- PROJECTS. any real property interest may be rec- retary of Commerce jointly, rejected or (a) SUBMISSION TO BOARD.—Not later than ommended by the Board under subsection (b) modified the priority of the fish habitat con- March 31 of each calendar year, each Part- or provided financial assistance under this servation project. nership shall submit to the Board a list of part unless the project meets the require- (4) LIMITATION.—If the Secretary, or the fish habitat conservation projects rec- ments of subparagraph (B). Secretary and the Secretary of Commerce ommended by the Partnership for annual (B) REQUIREMENTS.— jointly, has not approved, rejected, or reor- funding under this part. (i) IN GENERAL.—A real property interest dered the priority of the recommendations of (b) RECOMMENDATIONS BY BOARD.—Not may not be acquired pursuant to a fish habi- the Board for fish habitat conservation later than July 1 of each calendar year, the tat conservation project by a State, public projects by the date that is 180 days after the Board shall submit to the Secretary a de- agency, or other non-Federal entity unless date of receipt of the recommendations, the scription, including estimated costs, of each recommendations shall be considered to be fish habitat conservation project that the the State, agency, or other non-Federal entity is obligated to undertake the manage- approved. Board recommends that the Secretary ap- SEC. 3645. NATIONAL FISH HABITAT CONSERVA- prove and fund under this part, in order of ment of the property being acquired in accordance with the purposes of this part. TION PARTNERSHIP OFFICE. priority, for the following fiscal year. (a) ESTABLISHMENT.—Not later than 1 year (ii) ADDITIONAL CONDITIONS.—Any real (c) CONSIDERATIONS.—The Board shall se- after the date of enactment of this Act, the property interest acquired by a State, local lect each fish habitat conservation project to Director shall establish an office, to be government, or other non-Federal entity be recommended to the Secretary under sub- known as the ‘‘National Fish Habitat Con- pursuant to a fish habitat conservation section (b)— servation Partnership Office’’, within the project shall be subject to terms and condi- (1) based on a recommendation of the Part- United States Fish and Wildlife Service. nership that is, or will be, participating actions that ensure that the interest will be (b) FUNCTIONS.—The National Fish Habitat tively in carrying out the fish habitat con- administered for the long-term conservation Conservation Partnership Office shall— servation project; and and management of the aquatic ecosystem (1) provide funding to support the detail of (2) after taking into consideration— and the fish and wildlife dependent on that State and tribal fish and wildlife staff to the (A) the extent to which the fish habitat ecosystem. Office; conservation project fulfills a purpose of this (e) NON-FEDERAL CONTRIBUTIONS.— (2) facilitate the cooperative development part or a goal of the National Fish Habitat (1) IN GENERAL.—Except as provided in and approval of Partnerships; Action Plan; paragraph (2), no fish habitat conservation (3) assist the Secretary and the Board in (B) the extent to which the fish habitat project may be recommended by the Board carrying out this part; conservation project addresses the national under subsection (b) or provided financial as- (4) assist the Secretary in carrying out the priorities established by the Board; sistance under this part unless at least 50 requirements of sections 3646 and 3648; (C) the availability of sufficient non-Fed- percent of the cost of the fish habitat con- (5) facilitate communication, cohesiveness, eral funds to match Federal contributions servation project will be funded with non- and efficient operations for the benefit of for the fish habitat conservation project, as Federal funds. Partnerships and the Board; required by subsection (e); (2) PROJECTS ON FEDERAL LAND OR WATER.— (6) facilitate, with assistance from the Di- (D) the extent to which the fish habitat Notwithstanding paragraph (1), Federal rector, the Assistant Administrator, and the conservation project— funds may be used for payment of 100 percent President of the Association of Fish and (i) increases fishing opportunities for the of the costs of a fish habitat conservation Wildlife Agencies, the consideration of fish public; project located on Federal land or water. habitat conservation projects by the Board; (ii) will be carried out through a coopera- (3) NON-FEDERAL SHARE.—The non-Federal (7) provide support to the Director regard- tive agreement among Federal, State, and share of the cost of a fish habitat conserva- ing the development and implementation of local governments, Indian tribes, and private tion project— the interagency operational plan under sub- entities; (A) may not be derived from a Federal section (c); (iii) increases public access to land or grant program; but (8) coordinate technical and scientific re- water; (B) may include in-kind contributions and porting as required by section 3649; (iv) advances the conservation of fish and cash. (9) facilitate the efficient use of resources wildlife species that are listed, or are can- (4) SPECIAL RULE FOR INDIAN TRIBES.—Not- and activities of Federal departments and didates to be listed, as threatened species or withstanding paragraph (1) or any other pro- agencies to carry out this part in an efficient endangered species under the Endangered vision of law, any funds made available to an manner; and Species Act of 1973 (16 U.S.C. 1531 et seq.); Indian tribe pursuant to this part may be (10) provide support to the Board for na- (v) where appropriate, advances the con- considered to be non-Federal funds for the tional communication and outreach efforts servation of fish and fish habitats under the purpose of paragraph (1). that promote public awareness of fish habi- Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) (f) APPROVAL.— tat conservation. and other relevant Federal law and State (1) IN GENERAL.—Not later than 180 days (c) INTERAGENCY OPERATIONAL PLAN.—Not wildlife action plans; and after the date of receipt of the recommenda- later than 1 year after the date of enactment (vi) promotes resilience such that desired tions of the Board for fish habitat conserva- of this Act, and every 5 years thereafter, the biological communities are able to persist tion projects under subsection (b), and based, Director, in cooperation with the Assistant

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.083 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7264 CONGRESSIONAL RECORD — SENATE November 29, 2012 Administrator and the heads of other appro- SEC. 3647. CONSERVATION OF AQUATIC HABITAT ments of the National Fish Habitat Action priate Federal departments and agencies, FOR FISH AND OTHER AQUATIC OR- Plan, after consideration of each report re- shall develop an interagency operational GANISMS ON FEDERAL LAND. quired by subsection (b). plan for the National Fish Habitat Conserva- To the extent consistent with the mission SEC. 3650. REGULATIONS. tion Partnership Office that describes— and authority of the applicable department The Secretary may promulgate such regu- (1) the functional, operational, technical, or agency, the head of each Federal depart- lations as the Secretary determines to be scientific, and general staff, administrative, ment and agency responsible for acquiring, necessary to carry out this part. managing, or disposing of Federal land or and material needs of the Office; and SEC. 3651. EFFECT OF PART. water shall cooperate with the Assistant Ad- (2) any interagency agreements between or (a) WATER RIGHTS.—Nothing in this part— among Federal departments and agencies to ministrator and the Director to conserve the (1) establishes any express or implied re- aquatic habitats for fish and other aquatic address those needs. served water right in the United States for organisms within the land and water of the any purpose; (d) STAFF AND SUPPORT.— department or agency. (1) DEPARTMENTS OF INTERIOR AND COM- (2) affects any water right in existence on SEC. 3648. COORDINATION WITH STATES AND IN- the date of enactment of this Act; MERCE.—The Director and the Assistant Ad- DIAN TRIBES. (3) preempts or affects any State water law ministrator shall each provide appropriate The Secretary shall provide a notice to, or interstate compact governing water; or staff to support the National Fish Habitat and coordinate with, the appropriate State (4) affects any Federal or State law in ex- Conservation Partnership Office, subject to agency or tribal agency, as applicable, of istence on the date of enactment of the Act the availability of funds under section 3653. each State and Indian tribe within the (2) STATES AND INDIAN TRIBES.—Each State boundaries of which an activity is planned to regarding water quality or water quantity. (b) STATE AUTHORITY.—Nothing in this and Indian tribe is encouraged to provide be carried out pursuant to this part by not part— staff to support the National Fish Habitat later than 30 days before the date on which (1) affects the authority, jurisdiction, or Conservation Partnership Office. the activity is implemented. responsibility of a State to manage, control, (3) DETAILEES AND CONTRACTORS.—The Na- SEC. 3649. ACCOUNTABILITY AND REPORTING. tional Fish Habitat Conservation Partner- or regulate fish and wildlife under the laws (a) IMPLEMENTATION REPORTS.— and regulations of the State; or ship Office may accept staff or other admin- (1) IN GENERAL.—Not later than 2 years istrative support from other entities— (2) authorizes the Secretary to control or after the date of enactment of this Act, and regulate within a State the fishing or hunt- (A) through interagency details; or every 2 years thereafter, the Board shall sub- (B) as contractors. ing of fish and wildlife. mit to the appropriate congressional com- (c) EFFECT ON INDIAN TRIBES.—Nothing in (4) QUALIFICATIONS.—The staff of the Na- mittees a report describing the implementa- this part abrogates, abridges, affects, modi- tional Fish Habitat Conservation Partner- tion of— fies, supersedes, or alters any right of an In- ship Office shall include members with edu- (A) this part; and dian tribe recognized by treaty or any other cation and experience relating to the prin- (B) the National Fish Habitat Action Plan. means, including— ciples of fish, wildlife, and aquatic habitat (2) CONTENTS.—Each report submitted (1) an agreement between the Indian tribe conservation. under paragraph (1) shall include— and the United States; (5) WAIVER OF REQUIREMENT.—The Sec- (A) an estimate of the number of acres, (2) Federal law (including regulations); retary may waive all or part of the non-Fed- stream miles, or acre-feet (or other suitable (3) an Executive order; or eral contribution requirement under section measure) of aquatic habitat that was pro- (4) a judicial decree. 3644(e)(1) if the Secretary determines that— tected, restored, or enhanced under the Na- (d) ADJUDICATION OF WATER RIGHTS.—Noth- (A) no reasonable means are available tional Fish Habitat Action Plan by Federal, ing in this part diminishes or affects the through which the affected applicant can State, or local governments, Indian tribes, or ability of the Secretary to join an adjudica- meet the requirement; and other entities in the United States during tion of rights to the use of water pursuant to (B) the probable benefit of the relevant fish the 2-year period ending on the date of sub- subsection (a), (b), or (c) of section 208 of the habitat conservation project outweighs the mission of the report; Department of Justice Appropriation Act, public interest in meeting the requirement. (B) a description of the public access to 1953 (43 U.S.C. 666). (e) REPORTS.—Not less frequently than aquatic habitats protected, restored, or es- (e) EFFECT ON OTHER AUTHORITIES.— once each year, the Director shall provide to tablished under the National Fish Habitat (1) ACQUISITION OF LAND AND WATER.—Noth- the Board a report describing the activities Action Plan during that 2-year period; ing in this part alters or otherwise affects of the National Fish Habitat Conservation (C) a description of the opportunities for the authorities, responsibilities, obligations, Partnership Office. public fishing established under the National or powers of the Secretary to acquire land, Fish Habitat Action Plan during that period; water, or an interest in land or water under SEC. 3646. TECHNICAL AND SCIENTIFIC ASSIST- any other provision of law. ANCE. and (D) an assessment of the status of fish (2) PRIVATE PROPERTY PROTECTION.—Noth- (a) IN GENERAL.—The Director, the Assist- habitat conservation projects carried out ing in this part permits the use of funds ant Administrator, and the Director of the with funds provided under this part during made available to carry out this part to ac- United States Geological Survey, in coordi- that period, disaggregated by year, includ- quire real property or a real property inter- nation with the Forest Service and other ap- ing— est without the written consent of each propriate Federal departments and agencies, (i) a description of the fish habitat con- owner of the real property or real property shall provide scientific and technical assist- servation projects recommended by the interest. ance to the Partnerships, participants in fish Board under section 3644(b); (3) MITIGATION.—Nothing in this part per- habitat conservation projects, and the (ii) a description of each fish habitat con- mits the use of funds made available to carry Board. servation project approved by the Secretary out this part for fish and wildlife mitigation (b) INCLUSIONS.—Scientific and technical under section 3644(f), in order of priority for purposes under— assistance provided pursuant to subsection funding; (A) the Federal Water Pollution Control (a) may include— (iii) a justification for— Act (33 U.S.C. 1251 et seq.); (1) providing technical and scientific as- (I) the approval of each fish habitat con- (B) the Fish and Wildlife Coordination Act sistance to States, Indian tribes, regions, servation project; and (16 U.S.C. 661 et seq.); local communities, and nongovernmental or- (II) the order of priority for funding of each (C) the Water Resources Development Act ganizations in the development and imple- fish habitat conservation project; of 1986 (Public Law 99–662; 100 Stat. 4082); or mentation of Partnerships; (iv) a justification for any rejection or re- (D) any other Federal law or court settle- (2) providing technical and scientific as- ordering of the priority of each fish habitat ment. sistance to Partnerships for habitat assess- conservation project recommended by the SEC. 3652. NONAPPLICABILITY OF FEDERAL AD- ment, strategic planning, and prioritization; Board under section 3644(b) that was based VISORY COMMITTEE ACT. (3) supporting the development and imple- on a factor other than the criteria described The Federal Advisory Committee Act (5 mentation of fish habitat conservation in section 3644(c); and U.S.C. App.) shall not apply to— projects that are identified as high priorities (v) an accounting of expenditures by Fed- (1) the Board; or by Partnerships and the Board; eral, State, or local governments, Indian (2) any Partnership. (4) supporting and providing recommenda- tribes, or other entities to carry out fish SEC. 3653. FUNDING. tions regarding the development of science- habitat conservation projects. (a) AUTHORIZATION OF APPROPRIATIONS.— based monitoring and assessment approaches (b) STATUS AND TRENDS REPORT.—Not later (1) FISH HABITAT CONSERVATION PROJECTS.— for implementation through Partnerships; than December 31, 2012, and every 5 years There is authorized to be appropriated to the (5) supporting and providing recommenda- thereafter, the Board shall submit to the ap- Secretary $7,200,000 for each of fiscal years tions for a national fish habitat assessment; propriate congressional committees a report 2012 through 2016 to provide funds for— and describing the status of aquatic habitats in (A) fish habitat conservation projects ap- (6) ensuring the availability of experts to the United States. proved under section 3644(f), of which 5 per- conduct scientifically based evaluation and (c) REVISIONS.—Not later than December cent shall be made available for each fiscal reporting of the results of fish habitat con- 31, 2013, and every 5 years thereafter, the year for projects carried out by Indian servation projects. Board shall revise the goals and other ele- tribes; and

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.083 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7265 (B) the operational needs of the Partner- (ii) provided to another Federal depart- tion Commission, may waive requirements ships, including funding for activities such ment or agency through an interagency under this section for such individuals as the as planning, project development and imple- agreement. Secretary, in consultation with the Migra- mentation, coordination, monitoring, eval- PART II—DUCK STAMPS tory Bird Conservation Commission, deter- uation, communication, and outreach. SEC. 3661. FINDINGS. mines to be appropriate. (2) NATIONAL FISH HABITAT CONSERVATION Congress finds that— ‘‘(2) LIMITATION.—In making the deter- PARTNERSHIP OFFICE.— (1) Federal Migratory Bird Hunting and mination described in paragraph (1), the Sec- (A) IN GENERAL.—There is authorized to be Conservation Stamps (commonly known as retary shall grant only those waivers the appropriated to the Secretary for each of fis- ‘‘duck stamps’’) were created in 1934 as Fed- Secretary determines will have a minimal cal years 2012 through 2016 for the National eral licenses required for hunting migratory adverse effect on funds to be deposited in the Migratory Bird Conservation Fund estab- Fish Habitat Conservation Partnership Of- waterfowl; lished under section 4(a)(3).’’. fice, and to carry out section 3649, an amount (2)(A) duck stamps are a vital tool for wet- equal to 5 percent of the amount appro- land conservation; SEC. 3664. PERMANENT ELECTRONIC DUCK STAMPS. priated for the applicable fiscal year pursu- (B) 98 percent of the receipts from duck (a) DEFINITIONS.—In this section: ant to paragraph (1). stamp sales are used to acquire important (1) ACTUAL STAMP.—The term ‘‘actual (B) REQUIRED TRANSFERS.—The Secretary migratory bird breeding, migration, and win- stamp’’ means a Federal migratory-bird shall annually transfer to other Federal de- tering habitat, which are added to the Na- hunting and conservation stamp required partments and agencies such percentage of tional Wildlife Refuge System; and under the Act of March 16, 1934 (16 U.S.C. the amounts made available pursuant to sub- (C) those benefits extend to all wildlife, 718a et seq.) (popularly known as the ‘‘Duck paragraph (A) as is required to support par- not just ducks; Stamp Act’’), that is printed on paper and ticipation by those departments and agen- (3) since inception, the Federal duck stamp sold through the means established by the cies in the National Fish Habitat Conserva- program— authority of the Secretary immediately be- tion Partnership Office pursuant to the (A) has generated more than $750,000,000; fore the date of enactment of this Act. interagency operational plan under section (B) has preserved more than 5,000,000 acres (2) AUTOMATED LICENSING SYSTEM.— 3645(c). of wetland and wildlife habitat; and (A) IN GENERAL.—The term ‘‘automated li- (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— (C) is considered among the most success- censing system’’ means an electronic, com- There are authorized to be appropriated for ful conservation programs ever initiated; puterized licensing system used by a State each of fiscal years 2012 through 2016 to carry (4)(A) since 1934, when duck stamps cost $1, fish and wildlife agency to issue hunting, out, and provide technical and scientific as- the price has been increased 7 times to the fishing, and other associated licenses and sistance under, section 3646— price in effect on the date of enactment of products. (A) $500,000 to the Secretary for use by the this Act of $15, which took effect in 1991; and (B) INCLUSION.—The term ‘‘automated li- United States Fish and Wildlife Service; (B) the price of the duck stamp has not in- censing system’’ includes a point-of-sale, (B) $500,000 to the Assistant Administrator creased since 1991, the longest single period Internet, telephonic system, or other elec- for use by the National Oceanic and Atmos- without an increase in program history; and tronic applications used for a purpose de- pheric Administration; and (5) with the price unchanged during the 20- scribed in subparagraph (A). (C) $500,000 to the Secretary for use by the year period ending on the date of enactment (3) ELECTRONIC STAMP.—The term ‘‘elec- United States Geological Survey. of this Act, duck stamps have lost 40 percent tronic stamp’’ means an electronic version of (4) PLANNING AND ADMINISTRATIVE EX- of the value of the duck stamps based on the an actual stamp that— PENSES.—There is authorized to be appro- consumer price index, while the United (A) is a unique identifier for the individual priated to the Secretary for each of fiscal States Fish and Wildlife Service reports the to whom it is issued; years 2012 through 2016 for use by the Board, price of land in targeted wetland areas has (B) can be printed on paper or produced the Director, and the Assistant Adminis- tripled from an average of $306 to $1,091 per through an electronic application with the trator for planning and administrative ex- acre. same indicators as the State endorsement penses an amount equal to 4 percent of the SEC. 3662. COST OF STAMPS. provides; amount appropriated for the applicable fiscal Section 2 of the Migratory Bird Hunting (C) is issued through a State automated li- year pursuant to paragraph (1). and Conservation Stamp Act (16 U.S.C. 718b) censing system that is authorized, under is amended by striking subsection (b) and in- (b) AGREEMENTS AND GRANTS.—The Sec- State law and by the Secretary under this serting the following: retary may— section, to issue electronic stamps; ‘‘(b) COST OF STAMPS.— (1) on the recommendation of the Board, (D) is compatible with the hunting licens- ‘‘(1) IN GENERAL.—For the 3-calendar-year and notwithstanding sections 6304 and 6305 of ing system of the State that issues the elec- period beginning with calendar year 2013, and tronic stamp; and title 31, United States Code, and the Federal for each 3-calendar-year period thereafter, Financial Assistance Management Improve- (E) is described in the State application the Secretary, in consultation with the Mi- approved by the Secretary under subsection ment Act of 1999 (31 U.S.C. 6101 note; Public gratory Bird Conservation Commission, shall Law 106–107), enter into a grant agreement, (c). establish the amount to be collected under (4) SECRETARY.—The term ‘‘Secretary’’ cooperative agreement, or contract with a paragraph (2) for each stamp sold under this Partnership or other entity for a fish habitat means the Secretary of the Interior. section. (b) AUTHORITY TO ISSUE ELECTRONIC DUCK conservation project or restoration or en- ‘‘(2) COLLECTION OF AMOUNTS.—The United STAMPS.— hancement project; States Postal Service, the Department of the (1) IN GENERAL.—The Secretary may au- (2) apply for, accept, and use a grant from Interior, or any other agent approved by the thorize any State to issue electronic stamps any individual or entity to carry out the Department of the Interior shall collect the in accordance with this section. purposes of this part; and amount established under paragraph (1) for (2) CONSULTATION.—The Secretary shall im- (3) make funds available to any Federal de- each stamp sold under this section for a plement this subsection in consultation with partment or agency for use by that depart- hunting year if the Secretary determines, at State management agencies. ment or agency to provide grants for any any time before February 1 of the calendar (c) STATE APPLICATION.— fish habitat protection project, restoration year during which the hunting year begins, (1) APPROVAL OF APPLICATION REQUIRED.— project, or enhancement project that the that all amounts described in paragraph (3) The Secretary may not authorize a State to Secretary determines to be consistent with have been obligated for expenditure. issue electronic stamps under this section this part. ‘‘(3) AMOUNTS.—The amounts described in unless the Secretary has received and ap- (c) DONATIONS.— this paragraph are amounts in the Migratory proved an application submitted by the (1) IN GENERAL.—The Secretary may— Bird Conservation Fund that are available State in accordance with this subsection. (A) enter into an agreement with any orga- for obligation and attributable to— (2) NUMBER OF NEW STATES.—The Secretary nization described in section 501(c)(3) of the ‘‘(A) amounts appropriated pursuant to may determine the number of new States per Internal Revenue Code of 1986 that is exempt this Act for the fiscal year ending in the im- year to participate in the electronic stamp from taxation under section 501(a) of that mediately preceding calendar year; and program. Code to solicit private donations to carry ‘‘(B) the sale of stamps under this section (3) CONTENTS OF APPLICATION.—The Sec- out the purposes of this part; and during that fiscal year.’’. retary may not approve a State application (B) accept donations of funds, property, SEC. 3663. WAIVERS. unless the application contains— and services to carry out the purposes of this Section 1(a) of the Migratory Bird Hunting (A) a description of the format of the elec- part. and Conservation Stamp Act (16 U.S.C. tronic stamp that the State will issue under (2) TREATMENT.—A donation accepted 718a(a)) is amended— this section, including identifying features under this section— (1) in paragraph (1), by inserting ‘‘and sub- of the licensee that will be specified on the (A) shall be considered to be a gift or be- section (d)’’ after ‘‘paragraph (2)’’; and stamp; quest to, or otherwise for the use of, the (2) by adding at the end the following: (B) a description of any fee the State will United States; and ‘‘(d) WAIVERS.— charge for issuance of an electronic stamp; (B) may be— ‘‘(1) IN GENERAL.—The Secretary, in con- (C) a description of the process the State (i) used directly by the Secretary; or sultation with the Migratory Bird Conserva- will use to account for and transfer to the

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.083 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7266 CONGRESSIONAL RECORD — SENATE November 29, 2012 Secretary the amounts collected by the issues under the automated licensing system (iii) habitat protection, enhancement, and State that are required to be transferred to of the State; and restoration; the Secretary under the program; (B) to specify identifying features of the li- (iv) monitoring and tracking; (D) the manner by which the State will censee that are adequate to enable Federal, (v) applied research; and transmit electronic stamp customer data to State, and other law enforcement officers to (vi) public outreach and education; and the Secretary; identify the holder. (B) incorporate adaptive management and (E) the manner by which actual stamps (2) RECOGNITION OF ELECTRONIC STAMP.— science-based monitoring, where applicable, will be delivered; Any electronic stamp issued by a State to improve outcomes and ensure efficient (F) the policies and procedures under under this section shall, during the effective and effective use of Federal funds. which the State will issue duplicate elec- period of the electronic stamp— (2) DIRECTOR.—The term ‘‘Director’’ means tronic stamps; and (A) bestow on the licensee the same privi- the Director of the United States Fish and (G) such other policies, procedures, and in- leges as are bestowed by an actual stamp; Wildlife Service. formation as may be reasonably required by (B) be recognized nationally as a valid Fed- (3) IMPLEMENTATION PLAN.—The term ‘‘Im- the Secretary. eral migratory bird hunting and conserva- plementation Plan’’ means an Implementa- (d) PUBLICATION OF DEADLINES, ELIGIBILITY tion stamp; and tion Plan approved by the Director under REQUIREMENTS, AND SELECTION CRITERIA.— (C) authorize the licensee to hunt migra- section 3672. Not later than 30 days before the date on tory waterfowl in any other State, in accord- (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ which the Secretary begins accepting appli- ance with the laws of the other State gov- has the meaning given that term in section cations under this section, the Secretary erning that hunting. 4 of the Indian Self-Determination and Edu- shall publish— (3) DURATION.—An electronic stamp issued cation Assistance Act (25 U.S.C. 450b). (1) deadlines for submission of applica- by a State shall be valid for a period agreed (5) JOINT VENTURE.—The term ‘‘Joint Ven- tions; to by the State and the Secretary, which ture’’ means a self-directed, voluntary part- (2) eligibility requirements for submitting shall not exceed 45 days. nership, established and conducted for the applications; and (g) TERMINATION OF STATE PARTICIPA- purposes described in section 3671 and in ac- (3) criteria for approving applications. TION.—The authority of a State to issue elec- cordance with section 3673. (e) STATE OBLIGATIONS AND AUTHORITIES.— tronic stamps under this section may be ter- (6) MANAGEMENT BOARD.—The term ‘‘Man- (1) DELIVERY OF ACTUAL STAMP.—The Sec- minated— agement Board’’ means a Joint Venture retary shall require that each individual to (1) by the Secretary, if the Secretary— Management Board established in accord- whom a State sells an electronic stamp (A) finds that the State has violated any of ance with section 3673. under this section shall receive an actual the terms of the application of the State ap- (7) MIGRATORY BIRDS.—The term ‘‘migra- stamp— proved by the Secretary under subsection (c); tory birds’’ means those species included in (A) by not later than the date on which the and the list of migratory birds that appears in electronic stamp expires under subsection (B) provides to the State written notice of section 10.13 of title 50, Code of Federal Reg- (f)(3); and the termination by not later than the date ulations, under the authority of the Migra- (B) in a manner agreed on by the State and that is 30 days before the date of termi- tory Bird Treaty Act. Secretary. nation; or (8) PROGRAM.—The term ‘‘Program’’ means (2) COLLECTION AND TRANSFER OF ELEC- (2) by the State, by providing written no- the Joint Ventures Program conducted in ac- TRONIC STAMP REVENUE AND CUSTOMER INFOR- tice to the Secretary by not later than the cordance with this part. MATION.— date that is 30 days before the termination (9) SECRETARY.—The term ‘‘Secretary’’ (A) REQUIREMENT TO TRANSMIT.—The Sec- date. means the Secretary of the Interior. retary shall require each State authorized to PART III—JOINT VENTURES TO PROTECT (10) SERVICE.—The term ‘‘Service’’ means issue electronic stamps to collect and submit MIGRATORY BIRD POPULATIONS the United States Fish and Wildlife Service. to the Secretary in accordance with this sub- SEC. 3671. PURPOSES. (11) STATE.—The term ‘‘State’’ means— section— The purpose of this part is to authorize the (A) any State of the United States, the (i) the first name, last name, and complete Secretary of the Interior, acting through the District of Columbia, the Commonwealth of mailing address of each individual that pur- Director, to carry out a partnership program Puerto Rico, Guam, the Virgin Islands, chases an electronic stamp from the State; called the ‘‘Joint Ventures Program’’, in co- American Samoa, and the Commonwealth of (ii) the face value amount of each elec- ordination with other Federal agencies with the Northern Mariana Islands; and tronic stamp sold by the State; and management authority over fish and wildlife (B) one or more agencies of a State govern- (iii) the amount of the Federal portion of resources and the States, to develop, implement responsible under State law for man- any fee required by the agreement for each ment, and support innovative, voluntary, co- aging fish or wildlife resources. stamp sold. operative, and effective conservation strate- SEC. 3673. JOINT VENTURES PROGRAM. (B) TIME OF TRANSMITTAL.—The Secretary gies and conservation actions— (a) IN GENERAL.—The Secretary, acting shall require the submission under subpara- (1) to promote, primarily, sustainable pop- through the Director, shall carry out a Joint graph (A) to be made with respect to sales of ulations of migratory birds, and, second- Ventures Program that— electronic stamps by a State according to arily, the fish and wildlife species associated (1) provides financial and technical assist- the written agreement between the Sec- with their habitats; ance to support regional migratory bird con- retary and the State agency. (2) to encourage stakeholder and govern- servation partnerships; (C) ADDITIONAL FEES NOT AFFECTED.—This ment partnerships consistent with the goals (2) develops and implements plans to pro- subsection shall not apply to the State por- of protecting, improving, and restoring habi- tect and enhance migratory bird populations tion of any fee collected by a State under tat; throughout their range, that are focused on paragraph (3). (3) to establish, implement, and improve regional landscapes and habitats that sup- (3) ELECTRONIC STAMP ISSUANCE FEE.—A science-based migratory bird conservation port those populations; and State authorized to issue electronic stamps plans and promote and facilitate broader (3) complements and supports activities by may charge a reasonable fee to cover costs landscape-level conservation of fish and the Secretary and the Director to fulfill obli- incurred by the State and the Department of wildlife habitat; and gations under— the Interior in issuing electronic stamps (4) to support the goals and objectives of (A) the Migratory Bird Treaty Act (16 under this section, including costs of deliv- the North American Waterfowl Management U.S.C. 701 et seq.); ery of actual stamps. Plan and other relevant national and re- (B) the Migratory Bird Conservation Act (4) DUPLICATE ELECTRONIC STAMPS.—A gional, multipartner conservation initia- (16 U.S.C. 715 et seq.); State authorized to issue electronic stamps tives, treaties, conventions, agreements, or (C) the Neotropical Migratory Bird Con- may issue a duplicate electronic stamp to re- strategies entered into by the United States, servation Act (16 U.S.C. 6101 et seq.); place an electronic stamp issued by the and implemented by the Secretary, that pro- (D) the North American Wetlands Con- State that is lost or damaged. mote the conservation of migratory birds servation Act (16 U.S.C. 4401 et seq.); (5) LIMITATION ON AUTHORITY TO REQUIRE and the habitats of migratory birds. (E) the Fish and Wildlife Conservation Act PURCHASE OF STATE LICENSE.—A State may SEC. 3672. DEFINITIONS. of 1980 (16 U.S.C. 2901 et seq.); and not require that an individual purchase a In this part: (F) the Partners for Fish and Wildlife Act State hunting license as a condition of (1) CONSERVATION ACTION.—The term ‘‘con- (16 U.S.C. 3771 et seq.). issuing an electronic stamp under this sec- servation action’’ means activities that— (b) COORDINATION WITH STATES.—In the ad- tion. (A) support the protection, restoration, ministration of the program authorized (f) ELECTRONIC STAMP REQUIREMENTS; REC- adaptive management, conservation, or en- under this section, the Director shall coordi- OGNITION OF ELECTRONIC STAMP.— hancement of migratory bird populations, nate and cooperate with the States to fulfill (1) STAMP REQUIREMENTS.—The Secretary their terrestrial, wetland, marine, or other the purposes of this part. shall require an electronic stamp issued by a habitats, and other wildlife species supported SEC. 3674. ADMINISTRATION. State under this section— by those habitats, including— (a) PARTNERSHIP AGREEMENTS.— (A) to have the same format as any other (i) biological and geospatial planning; (1) IN GENERAL.—The Director may enter license, validation, or privilege the State (ii) landscape and conservation design; into an agreement with eligible partners to

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.084 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7267 achieve the purposes described in section birds, and other relevant regional, national, year intervals thereafter, complete an objec- 3671. or international initiatives identified by the tive and comprehensive review and evalua- (2) ELIGIBLE PARTNERS.—The eligible part- Director to conserve migratory birds, their tion of the Program. ners referred to in paragraph (1) are the fol- habitats, ecological functions, and associ- (2) REVIEW CONTENTS.—Each review under lowing: ated populations of fish and wildlife. this subsection shall include— (A) Federal and State agencies and Indian (E) An organizational plan that— (A) an evaluation of the effectiveness of tribes. (i) identifies the representative member- the Program in meeting the purpose of this (B) Affected regional and local govern- ship of the Management Board and includes part specified in section 3671; ments, private landowners, land managers, procedures for updating the membership of (B) an evaluation of all approved Imple- and other private stakeholders. the Management Board as appropriate; mentation Plans, especially the effectiveness (C) Nongovernmental organizations with (ii) describes the organizational structure of existing conservation strategies, prior- expertise in bird conservation or fish and of the Joint Venture, including proposed ities, and methods to meet the objectives of wildlife conservation or natural resource and committees and subcommittees, and proce- such plans and fulfill the purpose of this landscape management generally. dures for revising and updating the struc- part; and (D) Other relevant stakeholders, as deter- ture, as necessary; and (C) recommendations to revise the Pro- mined by the Director. (iii) provides a strategy to increase stake- gram or to amend or otherwise revise Imple- (b) MANAGEMENT BOARD.— holder participation or membership in the mentation Plans to ensure that activities (1) IN GENERAL.—A partnership agreement Joint Venture. undertaken pursuant to this part address the for a Joint Venture under this section shall (F) Procedures to coordinate the develop- effects of climate change on migratory bird establish a Management Board in accordance ment, implementation, oversight, moni- populations and their habitats, and fish and with this subsection. toring, tracking, and reporting of conserva- wildlife habitats, in general. (2) MEMBERSHIP.—The Management Board tion actions approved by the Management (3) CONSULTATION.—The Secretary, acting shall include a diversity of members rep- Board and an evaluation process to deter- through the Director, in the implementation resenting stakeholder interests from the ap- mine overall effectiveness of activities un- of this subsection— propriate geographic region, including, as dertaken by the Joint Venture. (A) shall consult with other appropriate appropriate, representatives from the Serv- (2) REVIEW.—A Joint Venture Implementa- Federal agencies with responsibility for the ice and other Federal agencies that have tion Plan shall be submitted to the Director conservation or management of fish and management authority over fish and wildlife for approval. wildlife habitat and appropriate State agen- resources on public lands or in the marine (3) APPROVAL.—The Director shall approve cies; and environment, or that implement programs an Implementation Plan submitted by the (B) may consult with appropriate, Indian that affect migratory bird habitats, and rep- Management Board for a Joint Venture if tribes, Flyway Councils, or regional con- resentatives from the States, Indian tribes, the Director finds that— servation organizations, public and private and other relevant stakeholders, and may in- (A) implementation of the plan would pro- landowners, members of academia and the clude— mote the purposes of this part described in scientific community, and other nonprofit (A) regional governments and Indian section 3671; conservation or private stakeholders. tribes; (B) the members of the Joint Venture have (4) PUBLIC COMMENT.—The Secretary, (B) academia or the scientific community; demonstrated the capacity to implement through the Director, shall provide for ade- (C) nongovernmental landowners or land conservation actions identified in the Imple- quate opportunities for general public review managers; mentation Plan; and and comment of the Program as part of the (D) nonprofit conservation or other rel- 5-year evaluations conducted pursuant to evant organizations with expertise in migra- (C) the plan includes coordination with other relevant and active conservation plans this subsection. tory bird conservation, or in fish and wildlife SEC. 3677. RELATIONSHIP TO OTHER AUTHORI- conservation generally; and or programs within the geographic scope of the Joint Venture. TIES. (E) private organizations with a dedicated (a) AUTHORITIES, ETC. OF SECRETARY.— SEC. 3675. GRANTS AND OTHER ASSISTANCE. interest in conserving migratory birds and Nothing in this part affects authorities, re- their habitats. (a) IN GENERAL.—Except as provided in sponsibilities, obligations, or powers of the (3) FUNCTIONS AND RESPONSIBILITIES.—Sub- subsection (b), and subject to the avail- Secretary under any other Act. ject to applicable Federal and State law, the ability of appropriations, the Director may (b) STATE AUTHORITY.—Nothing in this Management Board shall— award financial assistance to implement a part preempts any provision or enforcement (A) appoint a coordinator for the Joint Joint Venture through— of a State statute or regulation relating to Venture in consultation with the Director; (1) support of the activities of the Manage- the management of fish and wildlife re- (B) identify other full- or part-time admin- ment Board of the Joint Venture and to pay sources within such State. istrative and technical non-Federal employ- for necessary administrative costs and serv- SEC. 3678. FEDERAL ADVISORY COMMITTEE ACT. ees necessary to perform the functions of the ices, personnel, and meetings, travel, and The Federal Advisory Committee Act (5 Joint Venture and meet objectives specified other business activities; and U.S.C. App.) shall not apply to any boards, in the Implementation Plan; and (2) support for specific conservation ac- committees, or other groups established (C) establish committees or other organi- tions and other activities necessary to carry under this part. zational entities necessary to implement the out the Implementation Plan. PART IV—REAUTHORIZATIONS Implementation Plan in accordance with (b) LIMITATION.—A Joint Venture is not eligible for assistance or support authorized in SEC. 3681. NORTH AMERICAN WETLANDS CON- subsection (c). SERVATION ACT. (4) USE OF SERVICE AND FEDERAL AGENCY this section unless the Joint Venture is oper- Section 7(c)(5) of the North American Wet- EMPLOYEES.—Subject to the availability of ating under an Implementation Plan ap- lands Conservation Act (16 U.S.C. 4406(c)(5)) appropriations and upon the request from a proved by the Director under section 3674. is amended by striking ‘‘2012’’ and inserting Management Board, and after consultation (c) TECHNICAL ASSISTANCE.—The Secretary, ‘‘2017’’. through the Director, may provide technical with and approval of the Director, the head SEC. 3682. PARTNERS FOR FISH AND WILDLIFE of any Federal agency may detail to the and administrative assistance for implemen- ACT. Management Board, on a reimbursable or tation of Joint Ventures and the expenditure Section 5 of the Partners for Fish and nonreimbursable basis, any agency personnel of financial assistance under this subsection. Wildlife Act (16 U.S.C. 3774) is amended by to assist the Joint Venture in performing its (d) ACCEPTANCE AND USE OF DONATIONS.— striking ‘‘2011’’ and inserting ‘‘2017’’. functions under this part. The Secretary, through the Director, may SEC. 3683. NATIONAL FISH AND WILDLIFE FOUN- (c) IMPLEMENTATION PLAN.— accept and use donations of funds, gifts, and DATION REAUTHORIZATION. (1) IN GENERAL.—Each Joint Venture Man- in-kind contributions to provide assistance (a) BOARD OF DIRECTORS OF THE FOUNDA- agement Board shall develop and maintain under this section. TION.— an Implementation Plan that shall contain, SEC. 3676. REPORTING. (1) IN GENERAL.—Section 3 of the National at a minimum, the following elements: (a) ANNUAL REPORTS BY MANAGEMENT Fish and Wildlife Foundation Establishment (A) A strategic framework for migratory BOARDS.—The Secretary, acting through the Act (16 U.S.C. 3702) is amended— bird conservation. Director, shall— (A) in subsection (b)— (B) Provisions for effective communication (1) require each Management Board to sub- (i) by striking paragraph (2) and inserting among member participants within the Joint mit annual reports for all approved Joint the following: Venture. Ventures of the Management Board; and ‘‘(2) IN GENERAL.—After consulting with (C) A long-term strategy to conduct public (2) establish guidance for Joint Venture the Secretary of Commerce and considering outreach and education regarding the pur- annual reports, including contents and any the recommendations submitted by the poses and activities of the Joint Venture and necessary processes or procedures. Board, the Secretary of the Interior shall ap- activities to regularly communicate to the (b) JOINT VENTURE PROGRAM 5-YEAR RE- point 28 Directors who, to the maximum ex- general public information generated by the VIEWS.— tent practicable, shall— Joint Venture. (1) IN GENERAL.—The Secretary, acting ‘‘(A) be knowledgeable and experienced in (D) Coordination with laws and conserva- through the Director, shall at 5 years after matters relating to conservation of fish, tion plans that are relevant to migratory the date of enactment of this Act and at 5- wildlife, or other natural resources; and

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.084 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7268 CONGRESSIONAL RECORD — SENATE November 29, 2012 ‘‘(B) represent a balance of expertise in cational, inspirational, or recreational re- section 7(b) a description of any use of the ocean, coastal, freshwater, and terrestrial resources. authority under subparagraph (A) by a Fed- source conservation.’’; and ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, eral department, agency, or instrumentality (ii) by striking paragraph (3) and inserting devise, or bequest may be accepted by the in that fiscal year.’’; and the following: Foundation even though the gift, devise, or (3) by adding at the end the following: ‘‘(3) TERMS.—Each Director (other than a bequest is encumbered, restricted, or subject ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS Director described in paragraph (1)) shall be to beneficial interests of private persons if OF MONEY OR OTHER PROPERTY.—Any gifts, appointed for a term of 6 years.’’; and any current or future interest in the gift, de- devises, or bequests of amounts or other (B) in subsection (g)(2)— vise, or bequest is for the benefit of the property, or any other amounts or other (i) in subparagraph (A), by striking ‘‘(A) Foundation. property, transferred to, deposited with, or Officers and employees may not be appointed ‘‘(3) SAVINGS CLAUSE.—The acceptance and otherwise in the possession of the Founda- until the Foundation has sufficient funds to administration of amounts by the Founda- tion pursuant to this Act, may be made pay them for their service. Officers’’ and in- tion under paragraph (1)(K) does not alter, available by the Foundation to Federal de- serting the following: supersede, or limit any regulatory or statu- partments, agencies, or instrumentalities ‘‘(A) IN GENERAL.—Officers’’; and tory requirement associated with those and may be accepted and expended (or the (ii) by striking subparagraph (B) and in- amounts.’’; disposition of the amounts or property di- serting the following: (2) by striking subsections (f) and (g); and rected), without further appropriation, by ‘‘(B) EXECUTIVE DIRECTOR.—The Founda- (3) by redesignating subsections (h) and (i) those Federal departments, agencies, or in- tion shall have an Executive Director who as subsections (f) and (g), respectively. strumentalities, subject to the condition shall be— (c) AUTHORIZATION OF APPROPRIATIONS.— that the amounts or property be used for ‘‘(i) appointed by, and serve at the direc- Section 10 of the National Fish and Wildlife purposes that further the conservation and tion of, the Board as the chief executive offi- Foundation Establishment Act (16 U.S.C. management of fish, wildlife, plants, and cer of the Foundation; and 3709) is amended— other natural resources.’’. ‘‘(ii) knowledgeable and experienced in (1) in subsection (a), by striking paragraph (d) LIMITATION ON AUTHORITY.—Section 11 matters relating to fish and wildlife con- (1) and inserting the following: of the National Fish and Wildlife Foundation ‘‘(1) IN GENERAL.—There are authorized to servation.’’. Establishment Act (16 U.S.C. 3710) is amend- be appropriated to carry out this Act for (2) CONFORMING AMENDMENT.—Section ed by inserting ‘‘exclusive’’ before ‘‘author- each of fiscal years 2012 through 2017— 4(a)(1)(B) of the North American Wetlands ity’’. ‘‘(A) $20,000,000 to the Secretary of the In- Conservation Act (16 U.S.C. 4403(a)(1)(B)) is SEC. 3684. MULTINATIONAL SPECIES CONSERVA- terior; amended by striking ‘‘Secretary of the TION FUNDS SEMIPOSTAL STAMP. ‘‘(B) $5,000,000 to the Secretary of Agri- Board’’ and inserting ‘‘Executive Director of Section 2(c) of the Multinational Species culture; and the Board’’. Conservation Funds Semipostal Stamp Act ‘‘(C) $5,000,000 to the Secretary of Com- (b) RIGHTS AND OBLIGATIONS OF THE FOUN- of 2010 (Public Law 111–241; 39 U.S.C. 416 merce.’’; note) is amended— DATION.—Section 4 of the National Fish and (2) in subsection (b)— Wildlife Foundation Establishment Act (16 (1) in paragraph (2), by striking ‘‘2 years’’ (A) by striking paragraph (1) and inserting and inserting ‘‘6 years’’; and U.S.C. 3703) is amended— the following: (1) in subsection (c)— (2) by adding at the end the following: ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— TAMP DEPICTIONS (A) by striking ‘‘(c) POWERS.—To carry out ‘‘(5) S .—Members of the ‘‘(A) IN GENERAL.—In addition to the public shall be offered a choice of 5 stamps its purposes under’’ and inserting the fol- amounts authorized to be appropriated under lowing: under this Act, depicting an African ele- subsection (a), Federal departments, agen- phant or an Asian elephant, a rhinoceros, a ‘‘(c) POWERS.— cies, or instrumentalities may provide funds tiger, a marine turtle, and a great ape, re- ‘‘(1) IN GENERAL.—To carry out the pur- to the Foundation, subject to the condition spectively.’’. poses described in’’; that the amounts are used for purposes that (B) by redesignating paragraphs (1) SEC. 3685. MULTINATIONAL SPECIES CONSERVA- further the conservation and management of TION FUNDS REAUTHORIZATIONS. through (11) as subparagraphs (A) through fish, wildlife, plants, and other natural re- (a) AFRICAN ELEPHANTS.—Section 2306(a) of (K), respectively, and indenting appro- sources in accordance with this Act. the African Elephant Conservation Act (16 priately; ‘‘(B) ADVANCES.—Federal departments, U.S.C. 4245(a)) is amended by striking ‘‘2007 (C) in subparagraph (D) (as redesignated by agencies, or instrumentalities may advance through 2012’’ and inserting ‘‘2012 through subparagraph (B)), by striking ‘‘that are in- amounts described in subparagraph (A) to 2017’’. sured by an agency or instrumentality of the the Foundation in a lump sum without re- (b) ASIAN ELEPHANTS.—Section 8(a) of the United States’’ and inserting ‘‘at 1 or more gard to when the expenses for which the Asian Elephant Conservation Act of 1997 (16 financial institutions that are members of amounts are used are incurred. U.S.C. 4266(a)) is amended by striking ‘‘2007 the Federal Deposit Insurance Corporation ‘‘(C) MANAGEMENT FEES.—The Foundation through 2012’’ and inserting ‘‘2012 through or the Securities Investment Protection Cor- may assess and collect fees for the manage- 2017’’. poration’’; ment of amounts received under this para- (c) RHINOCEROS AND TIGERS.—Section 10(a) (D) in subparagraph (E) (as redesignated by graph.’’; of the Rhinoceros and Tiger Conservation subparagraph (B)), by striking ‘‘paragraph (3) (B) in paragraph (2)— Act of 1994 (16 U.S.C. 5306(a)) is amended by or (4)’’ and inserting ‘‘subparagraph (C) or (i) in the paragraph heading, by striking striking ‘‘2007 through 2012’’ and inserting (D)’’; ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; ‘‘2012 through 2017’’. (E) in subparagraph (J) (as redesignated by (ii) by striking ‘‘shall be used’’ and insert- (d) GREAT APES.—Section 6 of the Great subparagraph (B)), by striking ‘‘; and’’ and ing ‘‘may be used’’; and Ape Conservation Act of 2000 (16 U.S.C. 6305) inserting a semicolon; (iii) by striking ‘‘and State and local gov- is amended by striking ‘‘2006 through 2010’’ (F) by striking subparagraph (K) (as redes- ernment agencies’’ and inserting ‘‘, State and inserting ‘‘2012 through 2017’’. ignated by subparagraph (B)) and inserting and local government agencies, and other en- (e) MARINE TURTLES.—Section 7 of the Ma- the following: tities’’; and rine Turtle Conservation Act of 2004 (16 ‘‘(K) to receive and administer restitution (C) by adding at the end the following: U.S.C. 6606) is amended by striking ‘‘2005 and community service payments, amounts ‘‘(3) ADMINISTRATION OF AMOUNTS.— through 2009’’ and inserting ‘‘2012 through for mitigation of impacts to natural re- ‘‘(A) IN GENERAL.—In entering into con- 2017’’. sources, and other amounts arising from tracts, agreements, or other partnerships SEC. 3686. NEOTROPICAL MIGRATORY BIRD CON- legal, regulatory, or administrative pro- pursuant to this Act, a Federal department, SERVATION ACT. ceedings, subject to the condition that the agency, or instrumentality shall have discre- Section 10 of the Neotropical Migratory amounts are received or administered for tion to waive any competitive process of Bird Conservation Act (16 U.S.C. 6109) is purposes that further the conservation and that department, agency, or instrumentality amended to read as follows: management of fish, wildlife, plants, and for entering into contracts, agreements, or ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. other natural resources; and partnerships with the Foundation if the pur- ‘‘(a) IN GENERAL.—There is authorized to ‘‘(L) to do any and all acts necessary and pose of the waiver is— be appropriated to carry out this Act proper to carry out the purposes of the Foun- ‘‘(i) to address an environmental emer- $6,500,000 for each of fiscal years 2012 through dation.’’; and gency resulting from a natural or other dis- 2017. (G) by striking the undesignated matter at aster; or ‘‘(b) USE OF FUNDS.—Of the amounts made the end and inserting the following: ‘‘(ii) as determined by the head of the ap- available under subsection (a) for each fiscal ‘‘(2) TREATMENT OF REAL PROPERTY.— plicable Federal department, agency, or in- year, not less than 75 percent shall be ex- ‘‘(A) IN GENERAL.—For purposes of this strumentality, to reduce administrative expended for projects carried out at a location Act, an interest in real property shall be penses and expedite the conservation and outside of the United States.’’. treated as including easements or other management of fish, wildlife, plants, and SEC. 3687. FEDERAL LAND TRANSACTION FACILI- rights for preservation, conservation, protec- other natural resources. TATION ACT. tion, or enhancement by and for the public of ‘‘(B) REPORTS.—The Foundation shall in- The Federal Land Transaction Facilitation natural, scenic, historic, scientific, edu- clude in the annual report submitted under Act is amended—

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.084 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7269 (1) in section 203(2) (43 U.S.C. 2302(2)), by ‘‘(1) to eradicate or control nutria; and (2) in paragraph (2)— striking ‘‘on the date of enactment of this ‘‘(2) to restore nutria damaged wetlands.’’. (A) by striking ‘‘develop’’ and inserting Act was’’ and inserting ‘‘is’’; (b) DEFINITIONS.—The Nutria Eradication ‘‘continue’’; and (2) in section 205 (43 U.S.C. 2304)— and Control Act of 2003 (Public Law 108–16; (B) by striking the period at the end and (A) in subsection (a), by striking ‘‘this 117 Stat. 621) is amended— inserting ‘‘; and’’; and Act’’ and inserting ‘‘the Sportsmen’s Act of (1) by redesignating sections 3 and 4 as sec- (3) by adding after paragraph (2) the fol- 2012’’; and tions 4 and 5, respectively; and lowing: (B) in subsection (d), by striking ‘‘11’’ and (2) by inserting after section 2 the fol- ‘‘(3) develop, in cooperation with the State inserting ‘‘22’’; lowing: of Delaware Department of Natural Re- (3) in section 206 (43 U.S.C. 2305), by strik- ‘‘SEC. 3. DEFINITIONS. sources and Environmental Control, the ing subsection (f); and ‘‘In this Act: State of Virginia Department of Game and (4) in section 207(b) (43 U.S.C. 2306(b))— ‘‘(1) COASTAL STATE.—The term ‘coastal Inland Fisheries, the State of Oregon Depart- (A) in paragraph (1)— State’ means each of the States of Delaware, ment of Fish and Wildlife, the State of North (i) by striking ‘‘96–568’’ and inserting ‘‘96– Oregon, North Carolina, Virginia, and Wash- Carolina Department of Environment and 586’’; and ington. Natural Resources, and the State of Wash- (ii) by striking ‘‘; or’’ and inserting a semi- ‘‘(2) PROGRAM.—The term ‘program’ means ington Department of Fish and Wildlife, colon; the nutria eradication program established long-term nutria control or eradication pro- (B) in paragraph (2)— by section 4(a). grams, as appropriate, with the objective (i) by inserting ‘‘Public Law 105–263;’’ be- ‘‘(3) PUBLIC-PRIVATE PARTNERSHIP.—The of— fore ‘‘112 Stat.’’; and term ‘public-private partnership’ means a ‘‘(A) significantly reducing and restoring (ii) by striking the period at the end and voluntary, cooperative project undertaken the damage nutria cause to coastal wetlands inserting a semicolon; and by governmental entities or public officials in the coastal States; and (C) by adding at the end the following: and affected communities, local citizens, ‘‘(B) promoting voluntary, public-private ‘‘(3) the White Pine County Conservation, nongovernmental organizations, or other en- partnerships to eradicate or control nutria Recreation, and Development Act of 2006 tities or persons in the private sector. and restoring nutria-damaged wetlands in (Public Law 109–432; 120 Stat. 3028); ‘‘(4) SECRETARY.—The term ‘Secretary’ the coastal States.’’. ‘‘(4) the Lincoln County Conservation, means the Secretary of the Interior.’’. Recreation, and Development Act of 2004 (c) NUTRIA ERADICATION PROGRAM.—Sec- SA 3264. Mr. LEVIN submitted an (Public Law 108–424; 118 Stat. 2403); tion 4 of the Nutria Eradication and Control amendment intended to be proposed by ‘‘(5) subtitle F of title I of the Omnibus Act of 2003 (Public Law 108–16; 117 Stat. 621) him to the bill S. 3254, to authorize ap- Public Land Management Act of 2009 (16 (as redesignated by subsection (b)) is amend- propriations for fiscal year 2013 for U.S.C. 1132 note; Public Law 111–11); ed— ‘‘(6) subtitle O of title I of the Omnibus (1) by striking subsection (a) and inserting military activities of the Department Public Land Management Act of 2009 (16 the following: of Defense, for military construction, U.S.C. 460www note, 1132 note; Public Law ‘‘(a) IN GENERAL.—The Secretary may, sub- and for defense activities of the De- 111–11); ject to the availability of appropriations, partment of Energy, to prescribe mili- ‘‘(7) section 2601 of the Omnibus Public provide financial assistance to the States of tary personnel strengths for such fiscal Land Management Act of 2009 (Public Law Maryland and Louisiana and the coastal year, and for other purposes; which was 111–11; 123 Stat. 1108); or States to implement measures— ‘‘(8) section 2606 of the Omnibus Public ‘‘(1) to eradicate or control nutria; and ordered to lie on the table; as follows: Land Management Act of 2009 (Public Law ‘‘(2) to restore wetlands damaged by nu- At the end of subtitle A of title IX, add the 111–11; 123 Stat. 1121).’’. tria.’’; following: SEC. 3688. NUTRIA ERADICATION AND CONTROL. (2) in subsection (b)— SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR COMMUNICATIONS. (a) FINDINGS; PURPOSE.—Section 2 of the (A) in paragraph (1), by inserting ‘‘the Nutria Eradication and Control Act of 2003 State of’’ before ‘‘Maryland’’; (a) ADDITIONAL AUTHORIZED NUMBER OF (Public Law 108–16; 117 Stat. 621) is amend- (B) in paragraph (2), by striking ‘‘other ASDS.—Subsection (a)(1) of section 138 of ed— States’’ and inserting ‘‘the coastal States’’; title 10, United States Code, is amended by (1) in subsection (a)— and striking ‘‘14’’ and inserting ‘‘15’’. (b) DESIGNATION AS ASD FOR COMMUNICA- (A) in paragraph (1), by striking ‘‘and in (C) in paragraph (3), by striking ‘‘marsh- TIONS.—Subsection (b) of such section is Louisiana’’ and inserting ‘‘, the State of land’’ and inserting ‘‘wetlands’’; amended by adding at the end the following Louisiana, and other coastal States’’; (3) in subsection (c)— new paragraph: (B) in paragraph (2), by striking ‘‘in Mary- CTIVITIES’’ and insert- (A) by striking ‘‘(c) A ‘‘(11) One of the Assistant Secretaries is land and Louisiana on Federal, State, and ing ‘‘(c) ACTIVITIES IN THE STATE OF MARY- the Assistant Secretary of Defense for Com- private land’’ and inserting ‘‘on Federal, LAND’’; and munications.’’. State, and private land in the States of (B) by inserting ‘‘, and updated in March (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- Maryland and Louisiana and in other coastal 2009’’ before the period at the end; tion 5315 of title 5, United States Code, is States’’; and (4) in subsection (e), by striking ‘‘financial amended by striking the item relating to As- (C) by striking paragraphs (3) and (4) and assistance provided by the Secretary under sistant Secretaries of Defense and inserting inserting the following: this section’’ and inserting ‘‘the amounts the following: ‘‘(3) This Act authorizes the Maryland Nu- made available under subsection (f) to carry ‘‘Assistant Secretaries of Defense (15).’’. tria Project, which has successfully eradi- out the program’’; and cated nutria from more than 130,000 acres of (5) by striking subsection (f) and inserting SA 3265. Mrs. BOXER submitted an Chesapeake Bay wetlands in the State of the following: amendment intended to be proposed by Maryland and facilitated the creation of vol- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— her to the bill S. 3254, to authorize ap- untary, public-private partnerships and more Subject to subsection (e), there is authorized than 406 cooperative landowner agreements. to be appropriated to the Secretary to carry propriations for fiscal year 2013 for ‘‘(4) This Act and the Coastal Wetlands out the program $6,000,000 for each of fiscal military activities of the Department Planning, Protection, and Restoration Act years 2012 through 2016, of which— of Defense, for military construction, (16 U.S.C. 3951 et seq.) authorize the ‘‘(1) $2,000,000 shall be used to provide fi- and for defense activities of the De- Coastwide Nutria Control Program, which nancial assistance to the State of Maryland; partment of Energy, to prescribe mili- has reduced nutria-impacted wetland acres ‘‘(2) $2,000,000 shall be used to provide fi- tary personnel strengths for such fiscal in the State of Louisiana from 80,000 acres to nancial assistance to the State of Louisiana; year, and for other purposes; which was and 23,141 acres. ordered to lie on the table; as follows: ‘‘(5) The proven techniques developed ‘‘(3) $2,000,000 shall be used to provide fi- under this Act that are eradicating nutria in nancial assistance, on a competitive basis, to At the end of subtitle H of title X, add the the State of Maryland and reducing the acres other coastal States.’’. following: of nutria-impacted wetlands in the State of (d) REPORT.—Section 5 of the Nutria Eradi- SEC. 1084. PROHIBITIONS RELATING TO REF- Louisiana should be applied to nutria eradication and Control Act of 2003 (Public Law ERENCES TO GI BILL AND POST-9/11 GI BILL. cation or control programs in other nutria- 108–16; 117 Stat. 621) (as redesignated by sub- (a) IN GENERAL.—Subchapter II of chapter infested coastal States’’; and section (b)) is amended— 36 of title 38, United States Code, is amended (2) by striking subsection (b) and inserting (1) in paragraph (1), by striking ‘‘2002 docu- by adding at the end the following new sec- the following: ment entitled ‘Eradication Strategies for tion: ‘‘(b) PURPOSE.—The purpose of this Act is Nutria in the Chesapeake and Delaware Bay to authorize the Secretary of the Interior to Watersheds’; and’’ and inserting ‘‘March 2009 ‘‘§ 3697B. Prohibition relating to references to provide financial assistance to the States of update of the document entitled ‘Eradication GI Bill and Post-9/11 GI Bill Delaware, Louisiana, Maryland, North Caro- Strategies for Nutria in the Chesapeake and ‘‘(a) PROHIBITION.—(1) No person may, ex- lina, Oregon, Virginia, and Washington to Delaware Bay Watersheds’ and originally cept with the written permission of the Sec- carry out activities— dated March 2002;’’; retary, use the words and phrases covered by

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.084 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7270 CONGRESSIONAL RECORD — SENATE November 29, 2012 this subsection in connection with any pro- SEC. 916. EXEMPTION FROM INKSNA. ‘‘(B) on the date that original appointment motion, goods, services, or commercial ac- Section 7(1) of the Iran, North Korea, and met the requirements of section 3307(e)(2) of tivity in a manner that reasonably and false- Syria Nonproliferation Act (50 U.S.C. 1701 this title or section 1104(a)(2) of the National ly suggests that such use is approved, en- note) is amended to read as follows: Defense Authorization Act for Fiscal Year dorsed, or authorized by the Department or ‘‘(1) EXTRAORDINARY PAYMENTS IN CONNEC- 2013,’’. any component thereof. TION WITH THE INTERNATIONAL SPACE STA- (c) MANDATORY SEPARATION.—Section 8425 ‘‘(2) For purposes of this subsection, the TION.—The term ‘extraordinary payments in of such title is amended— words and phrases covered by this subsection connection with the International Space (1) in subsection (b)(1), in the first sen- are as follows: Station’ means payments in cash or in kind tence, by inserting ‘‘, except that a law en- ‘‘(A) ‘GI Bill’. made or to be made by the United States forcement officer, nuclear materials courier, ‘‘(B) ‘Post-9/11 GI Bill’. Government for work on the International or customs and border protection officer eli- ‘‘(3) A determination that a use of one or Space Station which the Russian Govern- gible for retirement under section 8412(d)(3) more words and phrases covered by this sub- ment pledged at any time to provide at its shall be separated from the service on the section in connection with a promotion, expense.’’. last day of the month in which that em- goods, services, or commercial activity is ployee becomes 57 years of age’’ before the not a violation of this subsection may not be SA 3268. Mr. HATCH submitted an period; made solely on the ground that such pro- amendment intended to be proposed by (2) in subsection (c), in the first sentence, motion, goods, services, or commercial ac- him to the bill S. 3254, to authorize ap- by inserting ‘‘, except that a member of the tivity includes a disclaimer of affiliation Capitol Police eligible for retirement under with the Department or any component propriations for fiscal year 2013 for section 8412(d)(3) shall be separated from the thereof. military activities of the Department service on the last day of the month in which ‘‘(b) ENFORCEMENT BY ATTORNEY GEN- of Defense, for military construction, that employee becomes 57 years of age’’ be- ERAL.—(1) When any person is engaged or is and for defense activities of the De- fore the period; and about to engage in an act or practice which partment of Energy, to prescribe mili- constitutes or will constitute conduct pro- (3) in subsection (d), in the first sentence, hibited by subsection (a), the Attorney Gen- tary personnel strengths for such fiscal by inserting ‘‘, except that a member of the eral may initiate a civil proceeding in a dis- year, and for other purposes; which was Supreme Court Police eligible for retirement trict court of the United States to enjoin ordered to lie on the table; as follows: under section 8412(d)(3) shall be separated such act or practice. At the end of title XI, add the following: from the service on the last day of the ‘‘(2) Such court may, at any time before month in which that employee becomes 57 SEC. 1104. FEDERAL EMPLOYEES RETIREMENT years of age’’ before the period. final determination, enter such restraining SYSTEM AGE AND RETIREMENT orders or prohibitions, or take such other ac- TREATMENT FOR CERTAIN RETIR- (d) COMPUTATION OF BASIC ANNUITY.—Sec- tion as is warranted, to prevent injury to the EES OF THE ARMED FORCES. tion 8415(e) of such title is amended— United States or to any person or class of (a) INCREASE IN MAXIMUM AGE LIMIT FOR (1) by redesignating paragraphs (1) and (2) persons for whose protection the action is POSITIONS SUBJECT TO FERS.— as subparagraphs (A) and (B), respectively; brought.’’. (1) LAW ENFORCEMENT OFFICERS.—Section (2) by striking ‘‘The annuity of an em- (b) CLERICAL AMENDMENT.—The table of 3307(e) of title 5, United States Code, is ployee’’ and inserting ‘‘(1) Except as provided sections at the beginning of chapter 36 of amended— in paragraph (2), the annuity of an em- such title is amended by inserting after the (A) in paragraph (1), by inserting ‘‘or (3)’’ ployee’’; and item relating to section 3697A the following after ‘‘paragraph (2)’’; and (3) by adding at the end the following: new item: (B) by adding at the end the following: ‘‘(2)(A) The annuity of an employee retir- ‘‘3697B. Prohibition relating to references to ‘‘(3) The maximum age limit for an origi- ing under subsection (d) or (e) of section 8412 GI Bill and Post-9/11 GI Bill.’’. nal appointment to a position as a law en- or under subsection (a), (b), or (c) of section forcement officer (as defined in section 8425 who is an employee described in sub- SA 3266. Mr. COBURN submitted an 8401(17)) shall be 47 years of age, in the case paragraph (B) is— amendment intended to be proposed by of an individual who on the effective date of ‘‘(i) 1 7/10 percent of that individual’s aver- him to the bill S. 3254, to authorize ap- such appointment is eligible to receive re- age pay multiplied by so much of such indi- propriations for fiscal year 2013 for tired pay or retainer pay for military serv- vidual’s civilian service as a law enforce- military activities of the Department ice, or pension or compensation from the De- ment officer, member of the Capitol Police of Defense, for military construction, partment of Veterans Affairs instead of such or Supreme Court Police, nuclear materials courier, customs and border protection offi- and for defense activities of the De- retired or retainer pay.’’. (2) OTHER POSITIONS.—The maximum age cer, or air traffic controller that, in the ag- partment of Energy, to prescribe mili- limit for an original appointment to a posi- gregate, does not exceed 20 years; plus tary personnel strengths for such fiscal tion as a member of the Capitol Police or Su- ‘‘(ii) 1 percent of that individual’s average year, and for other purposes; which was preme Court Police, nuclear materials cou- pay multiplied by the remainder of such in- ordered to lie on the table; as follows: rier (as defined under section 8401(33) of such dividual’s total service. On page 2, after line 15, add the following: title), or customs and border protection offi- ‘‘(B) An employee described in this sub- (c) APPLICABILITY.—Section 5511 of title 38, cer (as defined in section 8401(36) of such paragraph is an employee who— United States Code (as added by this sec- title) shall be 47 years of age, in the case of ‘‘(i) is originally appointed to a position as tion), shall apply only with respect to per- an individual who on the effective date of a law enforcement officer, member of the sons who are determined by the Secretary of such appointment is eligible to receive re- Capitol Police or Supreme Court Police, nu- Veterans Affairs to be mentally incapaci- tired pay or retainer pay for military serv- clear materials courier, or customs and bor- tated, are deemed by the Secretary to be ice, or pension or compensation from the De- der protection officer on or after the effec- mentally incompetent, or are determined by partment of Veterans Affairs instead of such tive date of this paragraph under section the Secretary to be experiencing an extended retired or retainer pay. 1104(e) of the National Defense Authorization loss of consciousness on or after the date of (b) ELIGIBILITY FOR ANNUITY.—Section Act for Fiscal Year 2013; and the enactment of this Act. 8412(d) of such title is amended— ‘‘(ii) on the date that original appointment (1) in paragraph (1), by striking ‘‘or’’ at the met the requirements of section 3307(e)(2) of SA 3267. Mr. NELSON of Florida sub- end; this title or section 1104(a)(2) of the National mitted an amendment intended to be (2) in paragraph (2), by adding ‘‘or’’ at the Defense Authorization Act for Fiscal Year proposed by him to the bill S. 3254, to end; and 2013.’’. authorize appropriations for fiscal year (3) by inserting after paragraph (2) the fol- (e) EFFECTIVE DATE.—This section (includ- 2013 for military activities of the De- lowing: ing the amendments made by this section) partment of Defense, for military con- ‘‘(3) after becoming 57 years of age and shall take effect 60 days after the date of en- struction, and for defense activities of completing 10 years of service as a law enactment of this Act and shall apply to ap- pointments made on or after that effective the Department of Energy, to prescribe forcement officer, member of the Capitol Po- lice or Supreme Court Police, nuclear mate- date. military personnel strengths for such rials courier, customs or border protection fiscal year, and for other purposes; officer, or any combination of such service SA 3269. Mr. MORAN submitted an which was ordered to lie on the table; totaling 10 years, if such employee— amendment intended to be proposed by as follows: ‘‘(A) is originally appointed to a position him to the bill S. 3254, to authorize ap- At the end of subtitle B of title IX of divi- as a law enforcement officer, member of the propriations for fiscal year 2013 for sion A, add the following: Capitol Police or Supreme Court Police, nu- military activities of the Department clear materials courier, or customs and bor- SEC. 915. EXTENSION OF CERTAIN SPACE of Defense, for military construction, LAUNCH LIABILITY PROVISIONS. der protection officer on or after the effec- Section 50915(f) of title 51, United States tive date of this paragraph under section and for defense activities of the De- Code, is amended by striking ‘‘December 31, 1104(e) of the National Defense Authorization partment of Energy, to prescribe mili- 2012’’ and inserting ‘‘December 31, 2014’’. Act for Fiscal Year 2013, and tary personnel strengths for such fiscal

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.086 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7271 year, and for other purposes; which was SA 3271. Mr. KYL (for himself, Mr. At the appropriate place, insert the fol- ordered to lie on the table; as follows: RISCH, and Mr. HELLER) submitted an lowing: At the end of subtitle F of title X, add the amendment intended to be proposed by SEC. ll. NATIONAL RIGHT-TO-WORK. following: him to the bill S. 3254, to authorize ap- (a) AMENDMENTS TO THE NATIONAL LABOR SEC. 1064. COMPTROLLER GENERAL OF THE propriations for fiscal year 2013 for RELATIONS ACT.— UNITED STATES REPORT ON POTEN- military activities of the Department (1) RIGHTS OF EMPLOYEES.—Section 7 of the TIAL LIABILITY OF DEPARTMENT OF of Defense, for military construction, National Labor Relations Act (29 U.S.C. 157) DEFENSE FOR RENEGOTIATION OR and for defense activities of the De- is amended by striking ‘‘except to’’ and all CANCELLATION OF CONTRACTS FOR that follows through ‘‘authorized in section CONFERENCES AND CONVENTIONS partment of Energy, to prescribe mili- 8(a)(3)’’. IN CONNECTION WITH SPENDING tary personnel strengths for such fiscal CUTS. (2) UNFAIR LABOR PRACTICES.—Section 8 of year, and for other purposes; which was the National Labor Relations Act (29 U.S.C. Not later than lll days after the date of ordered to lie on the table; as follows: the enactment of this Act, the Comptroller 158) is amended— General of the United States shall submit to At the end of subtitle D of title XIV, add (A) in subsection (a)(3), by striking ‘‘: Pro- the congressional defense committees a re- the following: vided, That’’ and all that follows through port setting forth an assessment of the po- SEC. 1433. POLICY OF THE UNITED STATES WITH ‘‘retaining membership’’; tential liability of the Department of De- RESPECT TO A DOMESTIC SUPPLY (B) in subsection (b)— OF CRITICAL AND ESSENTIAL MIN- (i) in paragraph (2), by striking ‘‘or to dis- fense, including the military departments ERALS. and the Defense Agencies, for the renegoti- criminate’’ and all that follows through ‘‘re- (a) POLICY OF THE UNITED STATES.—It is taining membership’’; and ation or cancellation of contracts for con- the policy of the United States to promote ferences and conventions to be hosted by the (ii) in paragraph (5), by striking ‘‘covered the development of an adequate, reliable, by an agreement authorized under sub- Department as a result of reductions in fund- and stable supply of critical and essential ing for the Department in connection with— section (a)(3) of this section’’; and minerals in the United States in order to (C) in subsection (f), by striking clause (2) (1) reductions of discretionary appropria- strengthen and sustain the military readi- tions and direct spending pursuant to the se- and redesignating clauses (3) and (4) as ness, national security, and critical infra- clauses (2) and (3), respectively. quester required by section 251A of the Bal- structure of the United States. (b) AMENDMENT TO THE RAILWAY LABOR anced Budget and Emergency Deficit Control (b) COORDINATION OF DEVELOPMENT OF SUP- ACT.—Section 2 of the Railway Labor Act (45 Act of 1985; PLY OF CRITICAL AND ESSENTIAL MINERALS.— U.S.C. 152) is amended by striking paragraph (2) directives of the Office of Management To implement the policy described in sub- Eleven. and Budget, or other Executive Branch direc- section (a), the President shall, acting tives, relating to cost saving measures; and through the Executive Office of the Presi- (3) such other funding reduction mecha- dent, coordinate the actions of the appro- SA 3274. Mr. NELSON of Nebraska nisms as the Comptroller General identifies priate federal agencies to identify opportuni- (for himself and Mr. ISAKSON) sub- for purposes of the report. ties for and to facilitate the development of mitted an amendment intended to be resources in the United States to meet the proposed by him to the bill S. 3254, to Mr. BROWN of Massachu- SA 3270. critical and essential mineral needs of the authorize appropriations for fiscal year setts submitted an amendment in- United States. 2013 for military activities of the De- tended to be proposed by him to the partment of Defense, for military con- bill S. 3254, to authorize appropriations SA 3272. Mr. BLUNT submitted an struction, and for defense activities of for fiscal year 2013 for military activi- amendment intended to be proposed by the Department of Energy, to prescribe ties of the Department of Defense, for him to the bill S. 3254, to authorize ap- military personnel strengths for such military construction, and for defense propriations for fiscal year 2013 for fiscal year, and for other purposes; activities of the Department of Energy, military activities of the Department which was ordered to lie on the table; to prescribe military personnel of Defense, for military construction, as follows: strengths for such fiscal year, and for and for defense activities of the De- other purposes; which was ordered to partment of Energy, to prescribe mili- At the end of subtitle D of title XII, add lie on the table; as follows: tary personnel strengths for such fiscal the following: At the end of subtitle D of title X, add the year, and for other purposes; which was SEC. 1246. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN. following: ordered to lie on the table; as follows: At the end of end of subtitle H of title X, (a) COMMON FUND FOR HOSTAGES.—Not SEC. 1032. REPORT ON TRANSFER TO THE GOV- later than 90 days after the date of the enact- ERNMENT OF AFGHANISTAN OF add the following: ENEMY COMBATANTS DETAINED BY SEC. 1084. MODERNIZATION OF ABSENTEE BAL- ment of this Act, the Secretary of the Treas- THE UNITED STATES IN AFGHANI- LOT MAIL DELIVERY SYSTEM. ury, in consultation with the Secretary of STAN. (a) SENSE OF CONGRESS.—It is the sense of State, shall establish a common fund to be (a) IN GENERAL.—Not later than 180 days Congress that the Department of Defense administered by the class representatives after the date of the enactment of this Act, should modernize its mail delivery system to and agents for the former American hostages the Secretary of Defense shall submit to the ensure the effective and efficient delivery of in Iran and their survivors (as identified in Committees on Armed Services of the Senate absentee ballots, including through the es- case number 1:08-CV-00487 (EGS) of the and the House of Representatives a report tablishment of a centralized mail forwarding United States District Court for the District setting forth the following: system to ensure that blank ballots are prop- of Columbia). Such common fund shall— (1) The policy of the United States on the erly redirected. (1) be administered to pay claims to the disposition of enemy combatants captured (b) TRANSFER OF FUNDS.—Not later than 30 Americans held hostage in Iran, and to mem- on the battlefield and detained in detention days after the enactment of this Act, the bers of their families, who are identified as facilities in Afghanistan under the control of amount authorized to be appropriated under class members in case number 1:08-CV-00487 the United States, including any policies on section 201 for research, development, test, (EGS) of the United States District Court for the disposition of non-Afghanistan enemy and evaluation and available for the Federal the District of Columbia; and combatants, enemy combatants that are Af- Voting Assistance Program, $3,000,000 shall (2) be administered for purposes of satis- ghanistan nationals, and high-value detain- be transferred to the United States Postal fying such claims, as approved by the class ees. Service for purposes of implementing the representatives and agents identified in that (2) An assessment of the capacity of the modernization of the Department of De- case number. Government of Afghanistan to detain and fense’s mail delivery system for the purposes (b) FUNDING.— prosecute the individuals described in para- set forth in subsection (a). (1) SOURCES.— graph (1) for purposes of maintaining the (A) FINES AND PENALTIES.— rule of law in Afghanistan. SA 3273. Mr. DEMINT submitted an (i) IN GENERAL.—The Secretary of the (b) ENEMY COMBATANT DEFINED.—In this amendment intended to be proposed by Treasury shall pay to the fund under subsection, the term ‘‘enemy combatant’’ means him to the bill S. 3254, to authorize ap- section (a) an amount equal to 50 percent of an individual who— propriations for fiscal year 2013 for all amounts collected as fines and penalties (1) after September 11, 2001, has purpose- military activities of the Department by reason of the application of clause (ii) on fully engaged in or materially supported hos- of Defense, for military construction, or after the date of the enactment of this tilities against the United States or its coa- and for defense activities of the De- Act. The total amount of payments that may lition partners; or be made into the fund under this clause may (2) is a member of, part of, or operated in partment of Energy, to prescribe mili- not exceed the estimated total amount of a clandestine, covert, or military capacity tary personnel strengths for such fiscal payments to be made under subsection (d). on behalf of the Taliban, al Qaeda, or associ- year, and for other purposes; which was (ii) FINES AND PENALTIES.—The maximum ated forces. ordered to lie on the table; as follows: fines and penalties authorized to be imposed,

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.070 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7272 CONGRESSIONAL RECORD — SENATE November 29, 2012 in whole or in part, for violations of any con- $10,000 for each day of captivity of the former peace and stability, respect for international duct or activities with respect to any gov- hostage. law, and unimpeded lawful commerce; ernment or person by reason of their connec- (3) For each spouse or child of a former (6) the United States supports a collabo- tion with or sponsorship by Iran are hereby hostage described in subsection (c)(2)(C), rative diplomatic process by claimants to re- increased by 100 percent. $5,000 for each day of captivity of the former solve territorial disputes without coercion, (B) SEIZED OR FROZEN ASSETS.—The Sec- hostage. and opposes efforts at coercion, the threat of retary of the Treasury is authorized to pay (e) SUBROGATION.—The United States shall use of force, or use of force by any claimant to the fund under subsection (a)— be fully subrogated, with respect to pay- in seeking to resolve sovereignty and terri- (i) any funds or property in which Iran has ments under this section, to all rights of torial issues in the East China Sea; an interest, and each individual paid under subsection (d) (7) the United States reaffirms its commit- (ii) any funds or property in which any per- against the Government of Iran or the Ira- ment to the Government of Japan under Ar- son or entity subject to any law providing nian Revolutionary Guard Corps or its affili- ticle V of the Treaty of Mutual Cooperation for sanctions against Iran by reason of such ates or agents. The President shall pursue and Security that ‘‘[e]ach Party recognizes person’s or entity’s relationship to or con- such subrogated rights as claims or offsets of that an armed attack against either Party in nection with Iran has an interest, the United States in appropriate ways until the territories under the administration of held by the United States (including in the such subrogated claims have been resolved to Japan would be dangerous to its own peace form of a trust) or subject to any prohibition the satisfaction of the United States. and safety and declares that it would act to or regulation with respect to any financial (f) PRECLUSION OF SUIT AND WAIVER OF meet the common danger in accordance with transactions in connection therewith. The CLAIMS.—Upon payment of all amounts de- its constitutional provisions and processes’’. Secretary of the Treasury is authorized to scribed in subsection (d), each person receiv- vest and liquidate any property identified in ing such payment shall be precluded from SA 3276. Mr. LIEBERMAN (for him- bringing suit against Iran of any claim aris- this subparagraph in order to make payment ing out of events occurring between Novem- self and Mr. GRASSLEY) submitted an as provided in this subparagraph. ber 3, 1979, and January 20, 1981, and all such amendment intended to be proposed by (2) TIMING OF FUNDING.—Payments by the claims as against Iran shall be deemed him to the bill S. 3254, to authorize ap- Secretary of the Treasury to the fund under waived and forever released. propriations for fiscal year 2013 for subsection (a)— (g) REIMBURSEMENT OF SEIZED OR FROZEN (A) using funds held by the United States military activities of the Department ASSETS.—Upon payment of all amounts de- or funds subject to prohibition or regulation of Defense, for military construction, scribed in subsection (d), the President is au- and for defense activities of the De- on the date of the enactment of this Act thorized to make payments from amounts shall be made not later than 60 days after paid to the fund under subsection (b)(1)(A) to partment of Energy, to prescribe mili- such date of enactment; and any person or entity described in subsection tary personnel strengths for such fiscal (B) using funds that come into the posses- (b)(1)(B) for purposes of reimbursing such year, and for other purposes; which was sion of the United States or funds that be- person or entity for funds or property of such ordered to lie on the table; as follows: come subject to prohibition or regulation person or entity held by the United States as At the end of division A, add the following: after the date of the enactment of this Act identified in subsection (b)(1)(B). shall be paid not later than 60 days after (h) DEPOSIT OF FUNDS IN THE TREASURY.— TITLE XVIII—MEMORIAL TO SLAVES AND coming into the possession of the United Any amounts in the fund under subsection FREE BLACK PERSONS WHO SERVED IN States or becoming subject to prohibition or (a) that remain after the date on which pay- THE AMERICAN REVOLUTION regulation, as the case may be. ments of all amounts described in subsection SEC. 1801. FINDING. (3) SATISFACTION OF CLAIMS.—Payments to (d) are made, or the date that is 2 years after Congress finds that the contributions of the fund under subsection (a) shall be made the date of the enactment of this Act, which- free persons and slaves who fought during until the amounts described in subsection (d) ever occurs later, shall be deposited in the the American Revolution were of preeminent are satisfied in full. If the Secretary of the Treasury of the United States. historical and lasting significance to the Treasury determines that the amounts can United States, as required by section be fully satisfied within 1 year after the date SA 3275. Mr. WEBB (for himself, Mr. 8908(b)(1) of title 40, United States Code. of the enactment of this Act from funds INHOFE, Mr. LIEBERMAN, and Mr. SEC. 1802. DEFINITIONS. other than those held by the United States MCCAIN) submitted an amendment in- In this title: as trustee, the Secretary of the Treasury tended to be proposed by him to the (1) FEDERAL LAND.— may defer payment of funds held by the bill S. 3254, to authorize appropriations (A) IN GENERAL.—The term ‘‘Federal land’’ United States as trustee until one year after for fiscal year 2013 for military activi- means the parcel of land— such date of enactment, but shall ensure dur- ties of the Department of Defense, for (i) identified as ‘‘Area I’’; and ing such 1-year period of deferral that any (ii) depicted on the map numbered 869/ such funds held by the United States as military construction, and for defense activities of the Department of Energy, 86501B and dated June 24, 2003. trustee shall not be disbursed, transferred or (B) EXCLUSION.—The term ‘‘Federal land’’ otherwise constrained for payment as other- to prescribe military personnel does not include the Reserve (as defined in wise may be required under this section. strengths for such fiscal year, and for section 8902(a) of title 40, United States (c) DISTRIBUTION OF FUNDS.— other purposes; as follows: Code). (1) IN GENERAL.—Funds paid to the fund At the end of subtitle D of title XII, add (2) MEMORIAL.—The term ‘‘memorial’’ under subsection (b) shall be distributed by the following: means the memorial authorized to be estab- the class representatives and agents to the SEC. 1246. SENSE OF THE SENATE ON THE SITUA- lished under section 3(a). former American hostages in Iran and their TION IN THE SENKAKU ISLANDS. SEC. 1803. MEMORIAL AUTHORIZATION. survivors (as identified in case number 1:08- It is the sense of the Senate that— (a) AUTHORIZATION.—In accordance with CV-00487 (EGS) of the United States District (1) the East China Sea is a vital part of the subsections (b) and (c), National Mall Lib- Court for the District of Columbia) in the maritime commons of Asia, including crit- erty Fund D.C. may establish a memorial on amounts described in subsection (d). ical sea lanes of communication and com- Federal land in the District of Columbia to (2) PRIORITY.—Subject to subsection (d), merce that benefit all nations of the Asia- honor the more than 5,000 courageous slaves payments from funds paid to the fund under Pacific region; and free Black persons who served as soldiers subsection (b) shall be distributed as follows: (2) the peaceful settlement of territorial and sailors or provided civilian assistance (A) First, to each living former hostage and jurisdictional disputes in the East China during the American Revolution. identified as a class member under sub- Sea requires the exercise of self-restraint by (b) PROHIBITION ON USE OF FEDERAL section (a)(1). all parties in the conduct of activities that FUNDS.—National Mall Liberty Fund D.C. (B) Second, to the estate of each deceased would complicate or escalate disputes and may not use Federal funds to establish the former hostage identified as a class member destabilize the region, and differences should memorial. under subsection (a)(1). be handled in a constructive manner con- (c) APPLICABLE LAW.—National Mall Lib- (C) Third, to each spouse or child of a sistent with universally recognized prin- erty Fund D.C. shall establish the memorial former hostage identified as a class member ciples of customary international law; in accordance with chapter 89 of title 40, under subsection (a)(1) if the spouse or child (3) while the United States takes no posi- United States Code. is identified as a class member under sub- tion on the ultimate sovereignty of the SEC. 1804. REPEAL OF JOINT RESOLUTIONS. section (a)(1). Senkaku Islands, the United States acknowl- Public Law 99–558 (110 Stat. 3144) and Pub- (d) AMOUNT OF PAYMENTS.—The amount of edges the administration of Japan over the lic Law 100–265 (102 Stat. 39) are repealed. payments from funds paid to the fund under Senkaku Islands; subsection (b) shall be distributed as follows: (4) The unilateral actions of a third party Mr. THUNE submitted an (1) For each former hostage described in will not affect the United States’ acknowl- SA 3277. subsection (c)(2)(A), $10,000 for each day of edgement of the administration of Japan amendment intended to be proposed by captivity of the former hostage. over the Senkaku Islands; him to the bill S. 3254, to authorize ap- (2) For the estate of each deceased former (5) the United States has national interests propriations for fiscal year 2013 for hostage described in subsection (c)(2)(B), in freedom of navigation, the maintenance of military activities of the Department

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.068 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7273 of Defense, for military construction, (9) among existing Federal Government pendent entity within the Department of En- and for defense activities of the De- bands, certain frequencies and allocations ergy to manage and secure the nuclear weap- partment of Energy, to prescribe mili- are more well suited for reallocated to com- ons stockpile of the United States and to tary personnel strengths for such fiscal mercial use because it is identified inter- manage nuclear nonproliferation and naval reactor programs. year, and for other purposes; which was nationally for commercial mobile services; (10) consistent with the March 2012 Na- (2) Serious security and health incidents ordered to lie on the table; as follows: tional Telecommunications and Information continue to occur at sites of the National At the appropriate place, insert the fol- Administration report ‘‘An Assessment of Nuclear Security Administration. lowing: the Viability of Accommodating Wireless (3) In September 2012, an official of the SEC. lll. SENSE OF CONGRESS REGARDING Broadband in the 1755-1850 MHz Band’’, the Government Accountability Office testified SPECTRUM REALLOCATION. Department of Defense should prepare a long to Congress that lax laboratory attitudes to- It is the sense of Congress that— term plan in consultation with relevant ward safety procedures, laboratory inadequa- (1) the Nation’s mobile communications in- agencies and private sector stakeholders to cies in identifying and addressing safety dustry is a significant economic engine, by determine equitable outcomes for the Nation problems with appropriate corrective ac- one estimate directly or indirectly sup- in relation to spectrum use that balances the tions, and inadequate oversight by site of- porting 3,800,000 jobs, or 2.6 percent of all private sector’s demand for spectrum with fices of the National Nuclear Security Ad- United States employment, contributing national security needs; ministration were responsible for nearly 100 $195,500,000,000 to the United States gross do- (11) The Secretary of Defense should deter- safety incidents since 2000. mestic product and driving $33,000,000,000 in mine the feasibility of relocating to the ex- (4) On July 28, 2012, three unarmed individ- productivity improvements in 2011; tent practicable in the 1755-1780 MHz and the uals compromised security at the Y–12 Na- (2) while wireless carriers are continually General Accountability Office should review tional Security Complex in Oak Ridge, Ten- implementing new and more efficient tech- the analysis performed; and nessee, and according to the Government Ac- nologies and techniques to maximize their (12) if feasibility is shown by the Depart- countability Office, ‘‘gained access to the existing spectrum capacity, there is a press- ment of Defense and the General Account- protected security area directly adjacent to ing need for additional spectrum for com- ability Office, the Federal communications one of the nation’s most critically important mercial mobile broadband services, with one Commission should consider reallocating nuclear weapons-related facilities’’. report predicting that global mobile data this band to commerical use. (5) In June 2006, hackers attacked an un- traffic will increase 18-fold between 2011 and classified computer system at the National 2016 at a compound annual growth rate of 78 SA 3278. Mr. BLUNT submitted an Nuclear Security Administration’s Service percent, reaching 10.8 exabytes per month by amendment intended to be proposed by Center in Albuquerque, New Mexico, and 2016; him to the bill S. 3254, to authorize ap- gained access to a file containing the names (3) as the Nation faces the current spec- and social security numbers of more than trum shortage, consideration should be given propriations for fiscal year 2013 for 1,500 employees of the National Nuclear Se- to both the supply of spectrum for licensed military activities of the Department curity Administration. networks and for unlicensed devices; of Defense, for military construction, (6) As early as February 2005, the Inspector (4) while this additional demand can be and for defense activities of the De- General of the Department of Energy identi- met in part by reallocating spectrum from partment of Energy, to prescribe mili- fied problems with the retrieval of badges existing non-governmental uses, the retary personnel strengths for such fiscal from terminated employees at Los Alamos allocation of Federal Government spectrum National Laboratory and other sites of the for commercial use must also be part of the year, and for other purposes; which was ordered to lie on the table; as follows: National Nuclear Security Administration. solution, given that, according to a 2012 Gov- (7) In 2004, a pattern of safety and security ernment Accountability Office study, the At the end of end of subtitle H of title X, incidents that occurred over the course of a percentage of the most highly valued spec- add the following: year prompted the stand-down of Los Alamos trum, that below 3700 MHz, used exclusively SEC. 1084. MODERNIZATION OF ABSENTEE BAL- National Laboratory. or predominantly by the Federal Govern- LOT MAIL DELIVERY SYSTEM. (8) The National Nuclear Security Admin- ment ranges from approximately 39 percent (a) SENSE OF CONGRESS.—It is the sense of istration, independent of the safety and secu- to 57 percent with exclusive Government use Congress that the Department of Defense rity reform efforts of the Department of En- accounting for 18 percent of the total should modernize its mail delivery system to ergy, has launched an overhaul of its con- amount of spectrum below 3700 MHz; ensure the effective and efficient delivery of tracting oversight, placing an emphasis on (5) The Federal Communications Commis- absentee ballots, including through the es- contractor self-policing through an untested sion and the National Telecommunications tablishment of a centralized mail forwarding ‘‘contractor assurance’’ approach. and Information Administration should also system to ensure that blank ballots are prop- (9) The Government Accountability Office provide replacement spectrum to federal erly redirected. has given the contractor administration and (b) TRANSFER OF FUNDS.—Of the amount users before spectrum is reallocated. project management capabilities of the Na- authorized to be appropriated under section (6) existing law ensures that Federal oper- tional Nuclear Security Administration a ations are not harmed as a result of a re- 201 for research, development, test, and evaluation and available for the Federal Voting ‘‘high risk’’ designation and found there to allocation of spectrum for commercial use, Assistance Program, $3,000,000 shall be trans- be insufficient qualified Federal acquisition including through the establishment of the ferred to the United States Postal Service professionals to ‘‘plan, direct, and oversee Spectrum Relocation Fund to reimburse not later than 30 days after the date of the project execution’’. Federal users for the costs of planning and (b) SENSE OF CONGRESS.—It is the sense of enactment of this Act for purposes of imple- implementing relocation and, with respect Congress that— menting the modernization of the Depart- to spectrum vacated by the Department of (1) there is a need for strong, independent ment of Defense’s mail delivery system for Defense, certification by the Secretaries of oversight of the United States nuclear secu- the purposes set forth in subsection (a). Defense and Commerce and the Chairman of rity enterprise; the Joint Chiefs of Staff that replacement SA 3279. Mr. NELSON of Nebraska (2) any attempt to reform oversight of the spectrum provides comparable technical nuclear security enterprise that transfers (for himself and Mr. KIRK) submitted characteristics to restore essential military oversight from the Department of Energy to capability; an amendment intended to be proposed the National Nuclear Security Administra- (7) wherever possible, Federal Government by him to the bill S. 3254, to authorize tion, reduces protections for worker health spectrum identified for commercial use appropriations for fiscal year 2013 for and safety at facilities of the National Nu- should be reallocated for such use; military activities of the Department clear Security Administration to levels (8) realizing sharing is currently proposed of Defense, for military construction, below the standards of the Department of as a possible long-term solution, federal gov- and for defense activities of the De- Energy, or transfers construction appropria- ernment users should, to the extent prac- partment of Energy, to prescribe mili- tions for the nuclear security enterprise ticable, explore how to best implement it to tary personnel strengths for such fiscal from the Department of Energy appropria- alleviate a lack of a variable bandwidth; tion account to the military construction (9) among existing Federal Government year, and for other purposes; as fol- appropriation account, should be carefully bands, the spectrum between 1755–1780 MHz is lows: evaluated; particularly well-suited for reallocation to At the end of title XXXI, add the fol- (3) the Office of Health, Safety, and Secu- commercial use because it is identified inter- lowing: rity of the Department of Energy, which re- nationally for commercial mobile services Subtitle D—Other Matters ports to the Secretary of Energy but is also and is used for that purpose throughout most SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT accountable for routinely reporting to Con- of the world and because it is immediately OF THE NUCLEAR SECURITY ENTER- gress on the performance with respect to adjacent to existing domestic wireless spec- PRISE. safety and security of the Department, in- trum and would fit seamlessly into the cur- (a) FINDINGS.—Congress makes the fol- cluding the National Nuclear Security Ad- rent mobile broadband spectrum portfolio allowing findings: ministration, and the role of that Office in lowing for more immediate equipment devel- (1) In 2000, the National Nuclear Security overseeing safety and security at the Na- opment and deployment; Administration was established as an inde- tional Nuclear Security Administration,

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.076 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7274 CONGRESSIONAL RECORD — SENATE November 29, 2012 should not be diminished but should be rou- determine whether information created by or Armed Forces and dependents of members of tinely evaluated; for the Department in connection with any the Armed Forces may deliver controlled (4) any future modifications to the man- Department program was successfully substances to such facilities as may be joint- agement or structure of the nuclear security exfiltrated from a network or information ly determined by the Secretary of Defense enterprise should be done in a way that system of the contractor and, if so, what in- and the Attorney General to be disposed of maintains or increases oversight of critical formation was exfiltrated. in accordance with section 302(g) of the Con- construction, security, and acquisition capa- (4) LIMITATION ON DISSEMINATION OF CER- trolled Substances Act (21 U.S.C. 822(g)). bilities; TAIN INFORMATION.—The process shall pro- (b) PROGRAM ELEMENTS.—The program re- (5) to the extent possible, oversight of prohibit the dissemination outside the Depart- quired by subsection (a) shall provide for the grams of the National Nuclear Security Ad- ment of Defense of information obtained or following: ministration by the Department of Defense derived through the process that is not cre- (1) The delivery of controlled substances should increase to ensure current and future ated by or for the Department except with under the program to such members of the warfighting requirements are met; and the approval of the contractor providing Armed Forces, medical professionals, and (6) the Nuclear Weapons Council should such information. other employees of the Department of De- provide proper oversight in the execution of (e) CLEARED DEFENSE CONTRACTOR DE- fense, and to such other acceptance mecha- its responsibilities under section 179 of title FINED.—In this section, the term ‘‘cleared de- nisms, as the Secretary and the Attorney 10, United States Code. fense contractor’’ means a private entity General jointly specify for purposes of the granted clearance by the Defense Security program. SA 3280. Mr. LEVIN submitted an Service to receive and store classified infor- (2) Appropriate guidelines and procedures amendment intended to be proposed by mation for the purpose of bidding for a con- to prevent the diversion, misuse, theft, or him to the bill S. 3254, to authorize ap- tract or conducting activities under a con- loss of controlled substances delivered under propriations for fiscal year 2013 for tract with the Department of Defense. the program. military activities of the Department SA 3281. Mr. MCCAIN submitted an of Defense, for military construction, amendment intended to be proposed by SA 3283. Mr. RUBIO (for himself and and for defense activities of the De- him to the bill S. 3254, to authorize ap- Mr. WYDEN) submitted an amendment partment of Energy, to prescribe mili- propriations for fiscal year 2013 for intended to be proposed by him to the tary personnel strengths for such fiscal military activities of the Department bill S. 3254, to authorize appropriations year, and for other purposes; which was of Defense, for military construction, for fiscal year 2013 for military activi- ordered to lie on the table; as follows: and for defense activities of the De- ties of the Department of Defense, for At the end of subtitle C title IX, add the partment of Energy, to prescribe mili- military construction, and for defense following: tary personnel strengths for such fiscal activities of the Department of Energy, SEC. 935. REPORTS TO DEPARTMENT OF DE- year, and for other purposes; which was to prescribe military personnel FENSE ON PENETRATIONS OF NET- strengths for such fiscal year, and for WORKS AND INFORMATION SYSTEMS ordered to lie on the table; as follows: OF CERTAIN CONTRACTORS. At the end of subtitle F of title V of divi- other purposes; which was ordered to (a) PROCESS FOR REPORTING PENETRA- sion A, add the following: lie on the table; as follows: TIONS.—The Under Secretary of Defense for SEC. 561. INCENTIVE COMPENSATION PROHIBI- At the end of subtitle C of title XII, add Intelligence shall, in coordination with the TION. the following: officials specified in subsection (c), establish Section 487(a)(20) of the Higher Education a process by which cleared defense contrac- Act of 1965 (20 U.S.C. 1094(a)(20)) is amended SEC. 1233. REPORT ON IMPLEMENTATION BY tors shall report to elements of the Depart- by adding at the end the following: ‘‘Not- GOVERNMENT OF BAHRAIN OF REC- withstanding the preceding sentence, the in- OMMENDATIONS IN REPORT OF THE ment of Defense designated by the Under BAHRAIN INDEPENDENT COMMIS- Secretary for purposes of the process when a stitution may provide payment, based on the SION OF INQUIRY. network or information system of such con- amount of tuition generated by the institu- (a) IN GENERAL.—Not later than 90 days tractors designated pursuant to subsection tion, to a third party unaffiliated with the after the date of the enactment of this Act, (b) is successfully penetrated. institution that provides a set of services to the Secretary of State shall submit to the (b) DESIGNATION OF NETWORKS AND INFOR- the institution that may include, but not Committee on Foreign Relations of the Sen- MATION SYSTEMS.—The Under Secretary of solely, recruitment services, regardless of ate and the Committee on Foreign Affairs of Defense for Intelligence shall, in coordina- whether the third party is affiliated with the House of Representatives a report on the tion with the officials specified in subsection any other institution that provides edu- implementation by the Government of Bah- (c), establish criteria for designating the cational services, if the third party does not rain of the recommendations contained in cleared defense contractors’ networks or in- make prohibited compensation payments to the Report of the Bahrain Independent Com- formation systems that contain or process its employees, the institution does not pay mission of Inquiry. information created by or for the Depart- the third party solely or separately for stu- ment of Defense to be subject to the report- dent recruitment services provided by the (b) CONTENT.—The report required under ing process established pursuant to sub- third party, and any recruitment informa- subsection (a) shall include the following ele- section (a). tion, including personally identifiable infor- ments: (c) OFFICIALS.—The officials specified in mation, will not be used, shared, or sold with (1) A description of the specific steps taken this subsection are the following: any other entity, including any affiliated in- by the Government of Bahrain to implement (1) The Under Secretary of Defense for Pol- stitutions that provide educational serv- each of the 26 recommendations contained in icy. ices.’’. the Report of the Bahrain Independent Com- (2) The Under Secretary of Defense for Ac- mission of Inquiry. quisition, Technology, and Logistics. SA 3282. Ms. COLLINS (for herself (2) An assessment of whether each rec- (3) The Chief Information Officer of the De- and Mr. LIEBERMAN) submitted an ommendation has been fully complied with partment of Defense. amendment intended to be proposed by by the Government of Bahrain. (4) The Commander of the United States her to the bill S. 3254, to authorize ap- (3) An assessment of the impact of the find- Cyber Command. propriations for fiscal year 2013 for ings of the Report of the Bahrain Inde- (d) PROCESS REQUIREMENTS.— pendent Commission of Inquiry on progress military activities of the Department toward democracy and respect for human (1) RAPID REPORTING.—The process required of Defense, for military construction, by subsection (a) shall provide for rapid re- rights in Bahrain. porting by contractors of successful penetra- and for defense activities of the De- partment of Energy, to prescribe mili- tions of designated network or information SA 3284. Mr. LEVIN submitted an tary personnel strengths for such fiscal systems. amendment intended to be proposed by (2) REPORT ELEMENTS.—The report by a year, and for other purposes; which was him to the bill S. 3254, to authorize ap- contractor on a successful penetration of a ordered to lie on the table; as follows: designated network or information system propriations for fiscal year 2013 for At the end of subtitle D of title VII, add military activities of the Department under the process shall include the following: the following: of Defense, for military construction, (A) A description of the technique or meth- SEC. 735. PRESCRIPTION DRUG TAKE-BACK PRO- od used in the penetration. GRAM FOR MEMBERS OF THE and for defense activities of the De- (B) A sample of the malicious software, if ARMED FORCES AND THEIR DE- partment of Energy, to prescribe mili- discovered and isolated by the contractor. PENDENTS. tary personnel strengths for such fiscal (3) ACCESS.—The process shall include (a) PROGRAM REQUIRED.—The Secretary of year, and for other purposes; which was mechanisms by which Department of Defense Defense and the Attorney General shall ordered to lie on the table; as follows: personnel may, upon request, obtain access jointly carry out a program (commonly re- to equipment or information of a contractor ferred to as a ‘‘prescription drug take-back At the end of subtitle C of title II, add the necessary to conduct a forensic analysis to program’’) under which members of the following:

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.076 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7275 SEC. 238. REPORT ON POTENTIAL FUTURE HOME- SEC. 1064. COMPTROLLER GENERAL OF THE Image and Identity for the Next Seven LAND BALLISTIC MISSILE DEFENSE UNITED STATES REPORT ON POTEN- Generations.’’ OPTIONS. TIAL LIABILITY OF DEPARTMENT OF (a) REPORT REQUIRED.—Not later than 180 DEFENSE FOR RENEGOTIATION OR The PRESIDING OFFICER. Without days after the date of the enactment of this CANCELLATION OF CONTRACTS FOR objection, it is so ordered. CONFERENCES AND CONVENTIONS Act, the Secretary of Defense shall submit to COMMITTEE ON THE JUDICIARY IN CONNECTION WITH SPENDING the congressional defense committees a re- CUTS. Mr. UDALL of Colorado. Mr. Presi- port on potential future options for home- Not later than lll days after the date of dent, I ask unanimous consent that the land ballistic missile defense. the enactment of this Act, the Comptroller Committee on the Judiciary be author- (b) ELEMENTS.—The report required by sub- General of the United States shall submit to section (a) shall include the following: ized to meet during the session of the the congressional defense committees a re- Senate, on Novemer 29, 2012, at 10 a.m., (1) A description of the current assessment port setting forth an assessment of the po- of the threat to the United States from long- tential liability of the Department of De- in SD–226 of the Dirksen Senate Office range ballistic missiles of North Korea and fense, including the military departments Building, to conduct an executive busi- Iran, and an assessment of the projected fu- and the Defense Agencies, for the renegoti- ness meeting. ture threat through 2022, including a discus- ation or cancellation of contracts for con- The PRESIDING OFFICER. Without sion of confidence levels in such threat as- ferences and conventions to be hosted by the objection, it is so ordered. sessment. Department as a result of reductions in fund- (2) A description of the current United COMMITTEE ON SMALL BUSINESS AND ing for the Department in connection with— ENTREPRENEURSHIP States homeland ballistic missile defense ca- (2) directives of the Office of Management pability to defend against the current threat and Budget, or other Executive Branch direc- Mr. UDALL of Colorado. Mr. Presi- of limited ballistic missile attack from tives, relating to cost saving measures; and dent, I ask unanimous consent that the North Korea and Iran. (3) such other funding reduction mecha- Committee on Small Business and En- (3) A description of planned improvements nisms as the Comptroller General identifies trepreneurship be authorized to meet to the current homeland ballistic missile de- for purposes of the report. during the session of the Senate on No- fense system, and the capability enhance- vember 29, 2012, at 10 a.m. in room 432 ments that would result from such planned SA 3286. Mr. LEVIN (for Ms. KLO- improvements. Russell Senate Office building to con- BUCHAR) proposed an amendment to the (4) A description of potential additional fu- duct a hearing entitled ‘‘Creating Jobs ture options for homeland ballistic missile bill S. 3542, to authorize the Assistant and Growing the Economy: Legislative defense, in addition to those described pursu- Secretary of Homeland Security Proposals to Strengthen the Entrepre- ant to paragraph (3), if the future ballistic (Transportation Security Administra- neurial Ecosystem.’’ missile threat warrants deployment of such tion) to modify screening requirements The PRESIDING OFFICER. Without options to increase the homeland ballistic for checked baggage arriving from objection, it is so ordered. missile defense capability, including— preclearance airports, and for other SELECT COMMITTEE ON INTELLIGENCE (A) deployment of a missile defense inter- purposes; as follows: ceptor site on the East Coast; Mr. UDALL of Colorado. Mr. Presi- On page 3, lines 8 through 10, strike ‘‘and (B) deployment of a missile defense inter- dent, I ask unanimous consent that the the Committee on Commerce, Science, and ceptor site in another location in the United Transportation of the Senate’’ and insert ‘‘, Select Committee on Intelligence be States, other than on the East Coast; the Committee on Commerce, Science, and authorized to meet during the session (C) deployment of additional Ground-based Transportation of the Senate, and the Com- of the Senate on November 29, 2012, at Interceptors for the Ground-based Midcourse mittee on Homeland Security and Govern- 2:30 p.m. Defense system at Fort Greely, Alaska, Van- mental Affairs of the Senate’’. denberg Air Force Base, California, or both; The PRESIDING OFFICER. Without (D) deployment of Standard Missile–3 objection, it is so ordered. Mr. LEVIN (for Mrs. SHA- Block IIB interceptors on land or at sea; and SA 3287. f (E) any other options the Secretary con- HEEN) submitted an amendment in- siders appropriate. tended to be proposed by Mr. LEVIN to PRIVILEGES OF THE FLOOR (c) EVALUATION.—For each option described the resolution S. Res. 600, supporting Mr. LEVIN. Mr. President, I ask under subsection (b)(4), the Secretary shall the goals and ideals of American Dia- unanimous consent that Dr. Jim provide an evaluation of the advantages and betes Month; as follows: Malachowski, an Air Force fellow as- disadvantages of such option. The evaluation In the fifth whereas clause of the preamble, of each option shall include consideration of signed to the office of Senator CONRAD, strike ‘‘5,082’’ and insert ‘‘5,205’’. the following: be granted floor privileges for the re- In the tenth whereas clause of the pre- (1) Technical feasibility. mainder of the debate on S. 3254. amble, strike ‘‘60’’ and insert ‘‘65’’. (2) Operational effectiveness and utility In the fifteenth whereas clause of the pre- The PRESIDING OFFICER. Without against the projected future threat. amble, strike ‘‘each fiscal year’’ and insert objection, it is so ordered. (3) Cost, cost effectiveness and afford- ‘‘fiscal year 2005’’. Mrs. SHAHEEN. Mr. President, I ask ability. f unanimous consent that Maj. Leigh (4) Adaptability to respond to changes in Hasson, the defense fellow for Senator threat evolution. AUTHORITY FOR COMMITTEES TO BEGICH, be allowed floor privileges for (d) CONCLUSIONS AND RECOMMENDATIONS.— MEET Based on the evaluation required by sub- the remainder of the debate on S. 3254. section (c), the Secretary shall include in the COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without report required by subsection (a) such find- WORKS objection, it is so ordered. ings, conclusions, and recommendations as Mr. UDALL of Colorado. Mr. Presi- Ms. AYOTTE. Mr. President, I ask the Secretary considers appropriate for po- dent, I ask unanimous consent that the unanimous consent that my Air Force tential future options for homeland ballistic Committee on Environment and Public legislative fellow, Active-Duty Maj. missile defense Works be authorized to meet during Alison ‘‘Babs’’ Kamataris, receive floor (e) FORM.—The report required by subsection (a) shall be submitted in unclassified the session of the Senate on November privileges for the remainder of the conform, but may include a classified annex. 29, 2012, at 9:30 a.m., in room 406 of the sideration of S. 3254, the Defense au- Dirksen Senate office building, to con- thorization bill. SA 3285. Mr. MORAN submitted an duct a hearing entitled ‘‘Sandy and Its The PRESIDING OFFICER. Without amendment intended to be proposed by Impacts: A Local Perspective.’’ objection, it is so ordered. him to the bill S. 3254, to authorize ap- The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I ask propriations for fiscal year 2013 for objection, it is so ordered. unanimous consent that Russ Cum- military activities of the Department COMMITTEE ON INDIAN AFFAIRS mings, a military fellow from Senator of Defense, for military construction, Mr. UDALL of Colorado. Mr. Presi- MANCHIN’s office, be granted floor and for defense activities of the De- dent, I ask unanimous consent that the privileges for the remainder of the department of Energy, to prescribe mili- Committee on Indian Affairs be author- bate on the National Defense Author- tary personnel strengths for such fiscal ized to meet during the session of the ization Act for fiscal year 2013. year, and for other purposes; which was Senate on November 29, 2012, in room The PRESIDING OFFICER. Without ordered to lie on the table; as follows: SD–628 of the Dirksen Senate Office objection, it is so ordered. At the end of subtitle F of title X, add the Building, at 2:30 p.m., to conduct a Mr. LEAHY. Mr. President, I ask following: hearing entitled ‘‘Reclaiming Our unanimous consent that Scott Haller

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.078 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7276 CONGRESSIONAL RECORD — SENATE November 29, 2012 of Senator UDALL’s office be granted AMENDMENT NO. 3286 AMERICAN DIABETES MONTH floor privileges for the duration of de- (Purpose: To include the Committee on Mr. LEVIN. Mr. President, I ask bate on S. 3254. Homeland Security and Governmental Af- unanimous consent that the HELP The PRESIDING OFFICER. Without fairs of the Senate in the committees to Committee be discharged from further objection, it is so ordered. which the report on re-screening of bag- consideration of S. Res. 600 and the gage is required to be submitted) Mrs. BOXER. Mr. President, I ask Senate proceed to its immediate con- unanimous consent that Shannon On page 3, lines 8 through 10, strike ‘‘and sideration. Beebe, a legal fellow in Senator the Committee on Commerce, Science, and The PRESIDING OFFICER. Without BLUMENTHAL’s office, be granted floor Transportation of the Senate’’ and insert ‘‘, objection, it is so ordered. the Committee on Commerce, Science, and privileges for the duration of the de- The clerk will report the resolution bate on the National Defense Author- Transportation of the Senate, and the Com- mittee on Homeland Security and Govern- by title. ization Act. mental Affairs of the Senate’’. The assistant legislative clerk read The ACTING PRESIDENT pro tem- as follows: pore. Without objection, it is so or- The bill was ordered to be engrossed for a third reading, was read the third A resolution (S. Res. 600) supporting the dered. goals and ideals of American Diabetes Mrs. BOXER. Mr. President, I ask time, and passed, as follows: Month. unanimous consent that Leigh Hasson, S. 3542 There being no objection, the Senate a fellow in Senator BEGICH’s office be Be it enacted by the Senate and House of Rep- proceeded to consider the resolution. granted floor privileges for the consid- resentatives of the United States of America in Mr. LEVIN. Mr. President, I ask eration of S. 3254, DOD authorization Congress assembled, unanimous consent that the resolution bill. SECTION 1. SHORT TITLE. be agreed to; the amendment to the The ACTING PRESIDENT pro tem- preamble which is at the desk be pore. Without objection, it is so or- This Act may be cited as the ‘‘No-Hassle Flying Act of 2012’’. agreed to; the preamble, as amended, dered. be agreed to; the motions to reconsider SEC. 2. PRECLEARANCE AIRPORTS. Mr. INHOFE. Mr. President, I ask be considered made and laid upon the unanimous consent that Captain Chris (a) IN GENERAL.—Section 44901(d) of title table, with no intervening action or de- Bala, an Army fellow in Senator MUR- 49, United States Code, is amended by adding at the end the following new paragraph: bate; and that any statements related KOWSKI’s office, be allowed floor privi- to the measure be printed in the leges for the duration of the Senate’s ‘‘(4) PRECLEARANCE AIRPORTS.— ‘‘(A) IN GENERAL.—For a flight or flight RECORD. debate on S. 3254, the National Defense segment originating at an airport outside The PRESIDING OFFICER. Without Authorization bill. the United States and traveling to the objection, it is so ordered. The PRESIDING OFFICER. Without United States with respect to which checked The resolution (S. Res. 600) was objection, it is so ordered. baggage has been screened in accordance agreed to. The PRESIDING OFFICER. The Sen- with an aviation security preclearance The amendment (No. 3287) was agreed agreement between the United States and ator from Oklahoma. to, as follows: Mr. INHOFE. Mr. President, I ask the country in which such airport is located, AMENDMENT NO. 3287 unanimous consent that Gary Mayo, an the Assistant Secretary (Transportation Se- curity Administration) may, in coordination In the fifth whereas clause of the preamble, Army fellow in Senator HUTCHISON’s of- with U.S. Customs and Border Protection, strike ‘‘5,082’’ and insert ‘‘5,205’’. fice, be granted floor privileges during determine whether such baggage must be re- In the tenth whereas clause of the pre- the consideration of S. 3254. screened in the United States by an explo- amble, strike ‘‘60’’ and insert ‘‘65’’. The PRESIDING OFFICER. Without sives detection system before such baggage In the fifteenth whereas clause of the pre- objection, it is so ordered. continues on any additional flight or flight amble, strike ‘‘each fiscal year’’ and insert segment. ‘‘fiscal year 2005’’. f ‘‘(B) AVIATION SECURITY PRECLEARANCE The preamble, as amended, was NO-HASSLE FLYING ACT OF 2012 AGREEMENT DEFINED .—In this paragraph, the agreed to. Mr. LEVIN. Mr. President, I ask term ‘aviation security preclearance agreement’ means an agreement that delineates The resolution, with its preamble, as unanimous consent that the Commerce and implements security standards and pro- amended, reads as follows: Committee be discharged from further tocols that are determined by the Assistant S. RES. 600 consideration of S. 3542 and the Senate Secretary, in coordination with U.S. Cus- Whereas according to the Centers for Dis- proceed to its immediate consider- toms and Border Protection, to be com- ease Control and Prevention (referred to in ation. parable to those of the United States and this preamble as the ‘‘CDC’’), nearly The PRESIDING OFFICER. Without therefore sufficiently effective to enable pas- 26,000,000 people in the United States have di- objection, it is so ordered. sengers to deplane into sterile areas of air- abetes and 79,000,000 people in the United The clerk will report the bill by title. ports in the United States. States have pre-diabetes; ‘‘(C) REPORT.—The Assistant Secretary Whereas diabetes is a serious chronic con- The assistant legislative clerk read shall submit to the Committee on Homeland as follows: dition that affects people of every age, race, Security of the House of Representatives, ethnicity, and income level; A bill (S. 3542) to authorize the Assistant the Committee on Commerce, Science, and Whereas the CDC reports that Hispanics, Secretary of Homeland Security (Transpor- Transportation of the Senate, and the Com- African-Americans, Asian-Americans, and tation Security Administration) to modify mittee on Homeland Security and Govern- Native Americans are disproportionately af- training requirements for checked baggage mental Affairs of the Senate an annual re- fected by diabetes and suffer from diabetes arriving from preclearance airports, and for port on the re-screening of baggage under at rates that are much higher than the gen- other purposes. this paragraph. Each such report shall in- eral population of the United States; There being no objection, the Senate clude the following for the year covered by Whereas according to the CDC, someone is proceeded to consider the bill. the report: diagnosed with diabetes every 17 seconds; ‘‘(i) A list of airports outside the United Whereas each day, approximately 5,205 peo- Mr. LEVIN. Mr. President, I ask that States from which a flight or flight segment the Klobuchar amendment which is at ple are diagnosed with diabetes; traveled to the United States for which the Whereas in 2010, the CDC estimated that the desk be agreed to; the bill, as Assistant Secretary determined, in accord- approximately 1,900,000 individuals age 20 amended, be read a third time and ance with the authority under subparagraph and older were newly diagnosed with diabe- passed; the motions to reconsider be (A), that checked baggage was not required tes; considered made and laid upon the to be re-screened in the United States by an Whereas a joint National Institutes of table, with no intervening action or de- explosive detection system before such bag- Health and CDC study found that approxi- bate; and that any statements relating gage continued on an additional flight or mately 15,000 youth in the United States are flight segment. to the measure be printed in the diagnosed with type 1 diabetes annually and ‘‘(ii) The amount of Federal savings gen- approximately 3,600 youth are diagnosed RECORD. erated from the exercise of such authority.’’. with type 2 diabetes annually; The PRESIDING OFFICER. Without (b) CONFORMING AMENDMENTS.—Section Whereas according to the CDC, between objection, it is so ordered. 44901 of title 49, United States Code, is 1980 and 2007, the prevalence of diabetes in The amendment (No. 3286) was agreed amended by striking ‘‘explosive’’ each place the United States increased by more than 300 to, as follows: it appears and inserting ‘‘explosives’’. percent;

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.091 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 29, 2012 CONGRESSIONAL RECORD — SENATE S7277 Whereas the CDC reports that more than 27 A resolution (S. Res. 603) designating the routine physical exams, immunizations for percent of individuals with diabetes are week of November 26 through November 30, adults and children, disease screenings, undiagnosed; 2012 as National Nurse-Managed Health Clin- health education, prenatal care, dental care, Whereas the National Diabetes Fact Sheet ic Week. and drug and alcohol treatment; issued by the CDC states that more than 11 There being no objection, the Senate Whereas, as of June 2011, more than 200 percent of adults in the United States and proceeded to consider the resolution. nurse-managed health clinics provided care 26.9 percent of people in the United States Mr. INOUYE. Mr. President, today I across the United States and recorded more age 65 and older have diabetes; than 2,000,000 client encounters annually; Whereas the CDC estimates that as many rise to recognize all of the advanced Whereas nurse-managed health clinics as 1 in 3 adults in the United States will practice nurses who work in Nurse- serve a unique dual role as both health care have diabetes in 2050 if present trends con- Managed Health Clinics in a resolution safety net access points and health work- tinue; to designate November 26, 2012 through force development sites, given that the ma- Whereas the CDC estimates that as many November 30, 2012 as National Nurse jority of nurse-managed health clinics are as 1 in 2 Hispanic, African-American, Asian- Managed-Health Clinic Week. National affiliated with schools of nursing and serve American, and Native American adults will Nurse-Managed Health Clinic Week as clinical education sites for students enter- have diabetes in 2050 if present trends con- will provide a national platform from ing the health profession; tinue; Whereas nurse-managed health clinics Whereas according to the American Diabe- which to promote the pivotal services strengthen the health care safety net by ex- tes Association, in 2007, the total cost of di- offered by the more than 200 nurse- panding access to primary care and chronic agnosed diabetes in the United States was managed health clinics in the United disease management services for vulnerable $174,000,000,000, and 1 in 10 dollars spent on States. Led by advanced practice and medically underserved populations in di- health care was attributed to diabetes and nurses, these clinics are a unique verse rural, urban, and suburban commu- its complications; model for delivery of primary and pre- nities; Whereas according to a Lewin Group ventive care. Whereas research has shown that nurse- study, in 2007, the total cost of diabetes (in- managed health clinics experience high pa- cluding both diagnosed and undiagnosed dia- Within Nurse-Managed Health Cen- ters, nurse practitioners and other ad- tient retention and patient satisfaction betes, pre-diabetes, and gestational diabetes) rates, and nurse-managed health clinic pa- was $218,000,000,000; vanced practice nurses deliver high tients experience higher rates of generic Whereas a Mathematica Policy Research quality and cost-effective services to medication fills and lower hospitalization study in 2007 found that, for fiscal year 2005, diverse populations of all age groups rates when compared to similar safety net total expenditures for Medicare beneficiaries and ethnicities. A substantial share of providers; with diabetes comprise 32.7 percent of the the patients are uninsured or on Med- Whereas the 2011 report of the Institute of Medicare budget; icaid. As safety net providers, Nurse- Medicine on the future of nursing highlights Whereas according to the CDC, diabetes the work nurse-managed health clinics are was the seventh leading cause of death in Managed Health Clinics provide care regardless of a person’s ability to pay. doing to reduce health disparities by bring- 2007 and contributed to the deaths of more ing evidence-based care to individuals who than 230,000 people in the United States in In addition to the provision of health may not otherwise receive needed services; 2007; care services, Nurse-Managed Health and Whereas there is not yet a cure for diabe- Centers play an important role in the Whereas nurse-managed health clinics of- tes; health profession’s education. Most fering both primary care and wellness serv- Whereas there are proven means to reduce ices provide quality care in a cost-effective the incidence, and delay the onset, of type 2 Nurse-Managed Health Centers are af- manner: Now, therefore, be it diabetes; filiated with colleges of nursing and provide clinical education opportuni- Resolved, That the Senate— Whereas with the proper management and (1) designates the week of November 26 treatment, people with diabetes live healthy, ties to over 3,100 students annually through November 30, 2012, as ‘‘National productive lives; and from the fields of nursing, medicine, Nurse-Managed Health Clinic Week’’; Whereas American Diabetes Month is cele- pharmacy, social work, and public (2) supports the ideals and goals of Na- brated in November: Now, therefore, be it Resolved, That the Senate— health. tional Nurse-Managed Health Clinic Week; (1) supports the goals and ideals of Amer- A Senate Resolution will recognize and ican Diabetes Month, including— the key role Nurse-Managed Health (3) encourages the expansion of nurse-man- (A) encouraging the people of the United Centers play. I ask my colleagues to aged health clinics so that nurse-managed States to fight diabetes through public join me in supporting this tribute to health clinics may continue to serve as awareness about prevention and treatment Nurse-Managed Health Clinics. health care workforce development sites for options; and Mr. LEVIN. Mr. President, I ask the next generation of primary care providers. (B) increasing education about the disease; unanimous consent that the resolution (2) recognizes the importance of early de- be agreed to, the preamble be agreed f tection of diabetes, awareness of the symptoms of diabetes, and the risk factors that to, the motions to reconsider be laid RELATIVE TO THE DEATH OF THE often lead to the development of diabetes, in- upon the table, with no intervening ac- HONORABLE WARREN B. RUDMAN cluding— tion or debate, and that any related Mr. LEVIN. Mr. President, I ask (A) being over the age of 45; statements be printed in the RECORD as unanimous consent the Senate proceed (B) having a specific racial and ethnic if read. to the consideration of S. Res. 604, sub- background; The PRESIDING OFFICER. Without mitted earlier today. (C) being overweight; objection, it is so ordered. The PRESIDING OFFICER. The (D) having a low level of physical activity; The resolution (S. Res. 603) was clerk will report. (E) having high blood pressure; and agreed to. (F) having a family history of diabetes or The assistant legislative clerk read a history of diabetes during pregnancy; and The preamble was agreed to. follows: (3) supports decreasing the prevalence of The resolution, with its preamble, A resolution (S. Res. 604) relative to the type 1, type 2, and gestational diabetes in reads as follows: death of the Honorable Warren B. Rudman, the United States through increased re- S. RES. 603 former United States Senator for the State search, treatment, and prevention. Whereas nurse-managed health clinics are of New Hampshire. f nonprofit community-based health care sites There being no objection, the Senate that offer primary care and wellness services proceeded to consider the resolution. NATIONAL NURSE-MANAGED based on the nursing model; Mr. LEVIN. Mr. President, I ask HEALTH CLINIC WEEK Whereas the nursing model emphasizes the unanimous consent that the resolution Mr. LEVIN. Mr. President, I ask protection, promotion, and optimization of be agreed to, the preamble be agreed unanimous consent that the Senate health, the prevention of illness, the allevi- to, and the motions to reconsider be proceed to the immediate consideration of suffering, and the diagnosis and laid upon the table, with no inter- treatment of illness; ation of S. Res. 603 which was sub- Whereas nurse-managed health clinics are vening action or debate, and any state- mitted earlier today. led by advanced practice nurses and staffed ments relating to the matter be placed The PRESIDING OFFICER. The by an interdisciplinary team of highly quali- into the RECORD. clerk will report the resolution by fied health care professionals; The PRESIDING OFFICER. Without title. Whereas nurse-managed health clinics objection, it is so ordered. The assistant legislative clerk read offer a broad scope of services, including The resolution (S. Res. 604) was as follows: treatment for acute and chronic illnesses, agreed to.

VerDate Mar 15 2010 08:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.107 S29NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S7278 CONGRESSIONAL RECORD — SENATE November 29, 2012 The preamble was agreed to. have lost an outstanding lawmaker and pub- ate completes its business today, it ad- The resolution, with its preamble, lic servant: Now, therefore, be it journ until 9:15 a.m. on Friday, Novem- reads as follows: Resolved, That— ber 30, 2012; that following the prayer (1) the Senate has received with profound S. RES. 604 sorrow and deep regret the announcement of and pledge, the Journal of proceedings Whereas Warren B. Rudman served in the the passing of the Honorable Warren B. Rud- be approved to date, the morning hour United States Army during the Korean War man, a former member of the United States be deemed expired, and the time for the with the rank of Lieutenant, earning the Senate; two leaders be reserved for their use Bronze Star for action in combat as an infan- (2) the Senate respectfully requests that later in the day; and that following any try commander; Secretary of the Senate communicate this leader remarks, the Senate resume Whereas Warren B. Rudman rendered ex- resolution to the House of Representatives consideration of S. 3254, the DOD Au- ceptional service to the State of New Hamp- and transmit an enrolled copy thereof to the thorization Act. shire as Attorney General for 6 years, an of- family of the deceased; and fice to which he brought honor; (3) when the Senate adjourns today, it The PRESIDING OFFICER. Without Whereas Warren B. Rudman served the stand adjourned as a further mark of respect objection, it is so ordered. people of New Hampshire with distinction for to the memory of the Honorable Warren B. f 12 years in the United States Senate; Rudman. Whereas Warren B. Rudman served the f Senate as Chairman of the Select Committee PROGRAM on Ethics in the 99th Congress; ORDER OF PROCEDURE Mr. LEVIN. There will be up to four Whereas Warren B. Rudman served the Mr. LEVIN. Mr. President, I ask rollcall votes at 9:30 a.m. tomorrow. Senate as Vice Chairman of the Select Com- unanimous consent that the following mittee on Secret Military Assistance to Iran f and the Nicaraguan Opposition with impar- blocks of time be set aside for the pur- tiality and honesty; pose of statements from retiring Sen- ADJOURNMENT UNTIL 9:15 A.M. Whereas, while serving in the Senate, War- ators: 11:30 a.m. to 12:30 a.m., Tuesday, TOMORROW ren B. Rudman authored laws to support December 4; 10 a.m. to 11 a.m., Thurs- small business and reduce the budget deficits day, December 6; and 12 noon to 1 p.m., Mr. LEVIN. Mr. President, if there is of the United States; Wednesday, December 12. no further business to come before the Whereas Warren B. Rudman co-founded the The PRESIDING OFFICER. Without Senate, I ask unanimous consent that Concord Coalition to educate the public objection, it is so ordered. it adjourn under the provisions of S. about the dangers of Federal budget deficits; f Res. 604 as a further mark of respect to Whereas the hallmarks of Warren B. Rud- the memory of former Senator Warren man’s public service were integrity, courage, ORDERS FOR FRIDAY, NOVEMBER B. Rudman of New Hampshire. and an unflagging commitment to the com- 30, 2012 mon good; and There being no objection, the Senate, Whereas, with the death of Warren B. Rud- Mr. LEVIN. Mr. President, I ask at 11:37 p.m., adjourned until Friday, man, New Hampshire and the United States unanimous consent that when the Sen- November 30, 2012, at 9:15 a.m.

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ST. MARTHA’S CATHOLIC CHURCH RECOGNIZING MRS. DONNA thrifts, credit unions, insurance companies and AND SCHOOL OF PHILADELPHIA FASSETT FOR HER SELFLESS community development financial institutions SERVICE TO THE NORTHWEST in every state. As such, they are an essential FLORIDA COMMUNITY partner for community and economic develop- HON. MICHAEL G. FITZPATRICK ment across the country. The Federal Home Loan Banks operate OF PENNSYLVANIA HON. JEFF MILLER OF FLORIDA under a cooperative model with ownership IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES resting in its regional members and a manage- Thursday, November 29, 2012 ment team focused on safety and soundness. Thursday, November 29, 2012 This has protected taxpayers over the Mr. MILLER of Florida. Mr. Speaker, I am FHLBanks’ entire 80-year history. During the Mr. FITZPATRICK. Mr. Speaker, I was honored to recognize Mrs. Donna Fassett for proud to join the people of St. Martha’s Catho- recent economic downturn, the FHLBanks re- her selfless service to the Northwest Florida ceived no taxpayer support, and they were a lic Church and School of Philadelphia in hon- Community. vital player in supporting a broader U.S. hous- oring the life and achievements of former pa- Donna Fassett is the Executive Director of ing market recovery. rishioner and alumnus Commander Chris- ARC Gateway, an organization committed to Lastly, Mr. Speaker, I want to acknowledge topher Ferguson. improving the lives of persons with, or at risk the Affordable Housing Program administered of, developmental disabilities. For the past thir- Commander Ferguson was born in Philadel- by the Federal Home Loan Banks and funded ty-three years, she has served her community phia, Pennsylvania, and his mother Mary Ann by contributions of 10 percent of the earnings and the organization with unwavering commit- from each of the FHLBanks. This important and step-father Norman now reside in ment and immeasurable success. Under her Langhorne, Bucks County. program represents the largest single source leadership, ARC Gateway has expanded its of private sector grants for housing and com- Ferguson graduated from Archbishop Ryan programs to touch the lives of more than 900 munity development in the country. The Fed- High School, going on to receive his Bachelor children and adults. eral Home Loan Banks have distributed ap- of Science degree in mechanical engineering Outside of her role with ARC Gateway, proximately $4.6 billion in private grants from Drexel University, and earning a Master Donna Fassett is involved in myriad civic orga- through their Affordable Housing Program nizations, including: Impact 100, the Florida of Science in aeronautical engineering from since its inception in 1990. These grants have Council of Executive Directors, the Great the Naval Postgraduate School in 1991. helped provide 1.5 million housing units to de- Gulfcoast Arts Festival, Fiesta of Five Flags, serving families in every corner of the country. In 1986, Ferguson earned his Navy Wings and Pensacola Five Flags Rotary, where she f and was ordered to the F–14 Tomcat training previously served as President. squadron in Virginia Beach, VA. Later, he Mrs. Fassett’s commitment to service and IN HONOR OF DENNIS DONOHUE joined the ‘‘Red Rippers’’ of VF–11, deploying bettering the lives of others has been recog- to the North Atlantic, Mediterranean and In- nized through the countless awards bestowed HON. SAM FARR to her. She is the recipient of ARC Florida’s dian oceans onboard the USS Forrestal. OF CALIFORNIA Robert Ettinger Award for Executive Excel- In 1995, he joined the ‘‘Checkmates’’ of VF– lence, Unsung Hero Award, and Life Time IN THE HOUSE OF REPRESENTATIVES 211, completing a deployment to the Western Achievement Award, as well as, the Center for Thursday, November 29, 2012 Pacific and Persian Gulf enforcing the Iraqi Independent Living’s Joe Oldmixon Award for Mr. FARR. Mr. Speaker, what an honor it is no-fly zone on board the USS Nimitz. Advocacy and the Able Trust Dr. George to recognize the work and achievements of Throughout his military career, Commander Spelios Leadership Award. There is no ques- one of the nation’s most remarkable mayors. Ferguson has earned many commendations, tion that Donna Fassett’s impact on Northwest Dennis Donohue will step down as the Mayor including the Legion of Merit, Distinguished Florida is immense, and we are all grateful for of Salinas in December after serving in that Flying Cross, and Navy Strike-Flight Air her dedication and service to improving our position since 2006. He leaves office after six community. Medal. remarkable years that saw the city gain na- Mr. Speaker, on behalf of the United States tional attention for its efforts to solidify itself as In 1998, Ferguson reported to the Johnson Congress, it gives me great pride to recognize the center of the nation’s diversified fresh Space Center in Houston, Texas, where he Mrs. Donna Fassett. My wife Vicki joins me in salad economy and turning the city away from served as spacecraft communicator for the wishing Donna, her husband Charlie, their two its decades-old gang violence problem. Dennis STS–118, 120, 128 and 129 missions. He was sons Donald and Robert and two grand- stood at head—and heart—of both of these ef- also the pilot of STS–115, and commanded children, Morgan and Jake, all of the best. forts and his leadership on these and other STS–126 and 135. In September 2010, he f issues will be felt around California for years. began training with a crew of four for a rescue 80TH ANNIVERSARY OF THE FED- As a young boy, Dennis’ family moved to mission that evolved into STS–135, a station ERAL HOME LOAN BANK SYSTEM Salinas. He graduated from Palma High cargo delivery flight that carried the Multi-Pur- School in 1972 and, ever since, has been a pose Logistics Module ‘‘Raffaello.’’ HON. DAN BOREN fixture at Palma sporting events. He earned a BA from the University of San Francisco and OF OKLAHOMA Leading the final U.S. shuttle mission to the an MA from Gannon University in Pennsyl- IN THE HOUSE OF REPRESENTATIVES International Space Station, Commander Fer- vania. He then returned to California where he guson’s final mission marked the end of a 30- Thursday, November 29, 2012 worked for several years in Silicon Valley’s year NASA program. The 33rd flight of the Mr. BOREN. Mr. Speaker, I take this oppor- high tech industry. In 1988, he returned to Sa- shuttle Atlantis was the 37th shuttle mission to tunity to recognize the 80th anniversary of the linas to begin a career in agriculture, eventu- the space station, and the 135th and final mis- Federal Home Loan Bank system. Chartered ally rising in 1998 to become CEO of Salinas sion of NASA’s Space Shuttle Program. by Congress in 1932, the Federal Home Loan based European Vegetable Specialties, the Bank system consists of 12 regional banks world’s largest radicchio producer. In 2005–06, Commander Ferguson is a decorated mili- acting as a reliable source of critical funding he served as Chairman of the Salinas based tary officer and a distinguished member of for community financial institutions to finance Grower-Shipper Association of Central Cali- NASA’s historic shuttle program, and the peo- housing and economic development. fornia. ple of Pennsylvania are proud to call him one The Federal Home Loan Banks provide In addition to his business leadership, Den- of our own. safe, affordable liquidity to nearly 8,000 banks, nis took on many community service roles. He

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

VerDate Mar 15 2010 03:50 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29NO8.001 E29NOPT1 jbell on DSK7SPTVN1PROD with E1832 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 co-chaired the campaign committee for Meas- petitions, I already knew that Matthew was ex- and Aryanna. There has never been a happier ure V, a half-cent sales tax proposition that ceptionally bright. Aside from his academic husband or prouder, more doting father of rescued the City from a fiscal emergency. He achievement, I saw his passion when he baby girls than Dario Lorenzetti. His family helped bring national attention to saving the spoke of his love for flying and of his desire was the center of Dario’s life, and his loss to city libraries by working with the Steering to attend the Air Force Academy. I also no- them is irreplaceable. Our prayers go out to Committee of Rally Salinas!, a coalition ticed that Matthew possessed a quiet con- them. formed to fundraise for Salinas’ threatened li- fidence, which told me a great deal about his In the words of the Epistle of Timothy, Dario braries. He was a director on the board of character and leadership style. Indeed, I Lorenzetti fought the good fight, finished his Second Chance Youth Program, a gang-pre- learned that Matthew was a loyal friend, an in- course, and kept the faith. Dario, may God vention nonprofit, since 1992; and on the telligent and hard working young man of great hold you in the palm of His hand. Palma High School Board of Directors; and on character, and the type of person who was al- f many other boards, commissions, and com- ways willing to lend a helping hand to others. HEATHER CALLENDER-POTTERS munity efforts. He was unabashedly bold in pursuing his Although Dennis is fond of reminding folks dream. Mr. Speaker, this is a great loss for the that Salinas is the 158th most populous city in United States Air Force Academy and the HON. ED PERLMUTTER the United States, it is still small in comparison State of Texas. OF COLORADO to major metropolitan centers. In many ways it Matthew is survived by his parents, Beverly IN THE HOUSE OF REPRESENTATIVES retains the feel of a small farm town. That is— and Matthew Patrick; his sister, Catherine Ann Thursday, November 29, 2012 except for the curse of a big city gang vio- Patrick; grandparents, Cathy and Jack Robert- Mr. PERLMUTTER. Mr. Speaker, I rise lence problem. Several years after his 2006 son; and many aunts, uncles, and cousins. today to recognize and applaud Kathleen There are no words that can fully express election as Mayor, the city’s long standing Callender and Heather Callender-Potters for my sorrow. There is nothing I can offer but gang problem erupted in an explosion of youth their service to our community and receiving prayers to comfort the Patrick family in the violence. Dennis helped lead a community the 2012 Mayor of Golden’s Award for Excel- midst of this difficult time. May the peace of wide collaborative effort to bring together law lence. God be with those he loved and sustain them enforcement, social services, faith, and com- Kathleen, founder of PharmaJet, and Heath- through this hour of sorrow. munity leaders, to begin a sustained and com- er, chairman of the board of directors, trans- prehensive response. That effort has drawn f formed the way vaccines and liquid medica- national attention and the White House se- REMEMBERING AND HONORING tions are delivered by developing and mar- lected Salinas to be among just six cities na- THE LIFE OF DARIO LORENZETTI keting a unique, efficient, affordable and life- tionally to participate in a pilot project to turn saving need-free syringe. These devices can back gang violence. Helping to put Salinas on HON. PETER T. KING deliver half a milliliter fixed dose of a liquid the long term path to solving this problem will medication into the muscle where many vac- perhaps be counted as his greatest achieve- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES cines are delivered, or into the subcutaneous ment as Mayor. layer between the skin and the muscle. Thursday, November 29, 2012 Dennis is married to the former Paula John- Pharmajet continues to serve communities son, who grew up on the old Williams Ranch Mr. KING of New York. Mr. Speaker, I rise around the world by creating a safer work- in the Alisal. Paula, an alumna of Notre Dame today to honor the life of Dario Lorenzetti of place with less exposure to needle stick inju- High School, teaches physical education at Fort Worth, Texas was killed in action in the ries and reducing the amount of hazardous Harden Middle School. They have two adult service of the United States in Qandahar sharp medical waste in a way to better control children, Emily and Allan. Province, Afghanistan on October 13, 2012. the spread of blood borne HIV and hepatitis Mr. Speaker, I know I speak for the whole He was an Eagle Scout, a graduate of Saint from needle reuse. House in thanking Dennis and his family for Andrew Catholic School and Nolan Catholic Pharmajet’s mission is to serve individual his service as mayor. I thank him for being my High School, and a 1993 honors graduate of patients in the community and promote public delegate to the 2012 Presidential Electoral the United States Military Academy at West health in all areas of the world. Their partner- College where he proudly supported our presi- Point, where he was a champion boxer. ship with UNICEF eliminates many of the risks dent. I personally look forward with pleasure to Commissioned as an infantry officer, Lieu- of unsafe injections, along with the 1.3 million working with citizen Donohue in the years to tenant and then Captain Lorenzetti served with deaths per year. come. He will always be remembered for distinction in the 75th Ranger Regiment. Ms. Callender and Ms. Callender-Potters imagining a great city. Those who bear the Ranger Tab follow a are champions in the community and through- f creed which reads in part, ‘‘Never shall I fail out the globe. I am honored to congratulate my comrades,’’ and ‘‘I will shoulder more than them on receiving the 2012 Mayor of Golden’s IN MEMORY OF CADET FIRST my share of the task whatever it may be.’’ CLASS MATTHEW JOHN PATRICK Award for Excellence. I am sure they will ex- Dario exemplified this motto. His military obli- hibit the same dedication and commitment in gation complete, he volunteered to return to all their future endeavors. HON. PETE SESSIONS government service after America was at- f OF TEXAS tacked on September 11, 2001. IN THE HOUSE OF REPRESENTATIVES He worked overseas on behalf of our na- IN CELEBRATION OF THE 100TH BIRTHDAY OF MRS. ONIE BELL Thursday, November 29, 2012 tional security with courage, dedication and uncommon skill. Dario served in Saudi Arabia, NORWOOD, AN ADMIRABLE CEN- Mr. SESSIONS. Mr. Speaker, it is with a India and finally Afghanistan, where he gave TENARIAN heavy heart that I rise today in memory of Air the last full measure of devotion to our coun- Force Academy Cadet First Class Matthew try. HON. CHARLES B. RANGEL John Patrick. Matthew passed away on Friday, Every generation learns the hard truth that OF NEW YORK September 28, 2012. our nation’s greatest heroes are found among IN THE HOUSE OF REPRESENTATIVES Born in Dallas, Texas, Matthew developed a the ranks of those who raise their hands to go love for flying at an early age and dreamed of forth and protect us, but never return home. Thursday, November 29, 2012 becoming a fighter pilot. He joined the Civil Air Dario’s death proves the sad wisdom of this Mr. RANGEL. Mr. Speaker, I rise today to Patrol where he earned the prestigious Billy lesson. honor, recognize, and celebrate the 100th Mitchell Award and experienced flying solo for His sincere Catholic faith recalled Saint Birthday of New York City’s own Mrs. Onie the first time. After graduating from the School Francis of Assisi’s advice that Christians Bell Norwood, a true Harlem Legend. of Science and Engineering Magnet in 2009, ‘‘preach the gospel wherever you go, and if Mrs. Onie Belle Norwood has lived a cen- Matthew entered the United States Air Force necessary, use words.’’ Dario inspired and led tury in the United States of America and in Academy where he excelled. He majored in others by quiet example. He will always be re- that time has been privileged to witness its aeronautical engineering and would have membered by his colleagues and friends for magnificent transformation. ‘‘Old age’’ is a graduated in May 2013. his generosity, humility, kindness, warmth and term she’s heard but not yet experienced as I had the privilege of getting to know Mat- wit. she is able to navigate the city streets better thew during the academy nomination process. Dario is survived by his wife and soulmate than individuals half her age and has a mem- Having won numerous math and science com- Kirstin, and his daughters Arabella, Natalia ory capable of challenging any young mind.

VerDate Mar 15 2010 03:50 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K29NO8.004 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1833 ‘‘Elegant’’ and ‘‘witty’’ are just two of the words quire equal treatment and training of all em- Palmer has received world-wide acclamation that come to mind when friends are asked to ployees by defense contractors. In that same while participating in various local, state, na- describe Mrs. Norwood and she is known to year, Mitchell v US, the Interstate Commerce tional and international events. She has toured freely share from her wealth of ‘‘experience Clause is used to successfully desegregate in more than 35 of the 50 United States and driven’’ information. seating on trains. The country was changing has performed in the following countries: Alas- In 1912, William Taft was president of the and thirty something year old Onie was chang- ka, Canada, Bermuda, West Indies, England, United States, Emmet O’Neal was governor of ing with it. The Civil Rights movement was in Germany, France, Brazil and Holland. One of Alabama, segregation was a way of life, and, full swing and forcing America to deal with life- the highlights of her travels was to sing in on November 16, Onie Belle Carter was born changing decisions. Cape Town, Umtata and Johannesburg, in the ‘‘Heart of Dixie,’’ known as Union Feeling her soul was not satisfied, Onie SOUTH AFRICA. In 2003, Cynthia was fea- Springs, Alabama. She was the eldest daugh- joined St. John’s Baptist Church on West tured on the ‘‘Bobby Jones Gospel Show’’ on ter of the eight children born to the late Mr. & 152nd Street in Harlem under the pastorate of The Word Network. She is a 3-time winner at Mrs. Willie Carter. They were a hardworking Rev. Dr. Wilson Major Morris in 1950. She has the Mississippi Gospel Music Awards. One of family that pulled together to make ends meet. been an active member every since serving the blessings of her career was being able to While many things seemed impossible, Onie under the second pastor, Rev. Walter C. T. sing to women who are currently on Death Belle would soon discover that ‘‘all things are Willoughby and the present pastor, Rev. Dr. Row at the Alabama State Prison. possible.’’ John Luster Scott. She is often heard saying She has appeared on radio and television While the 19th Amendment giving women how she ‘‘loves her Pastor and her Church stations throughout the United States and the right to vote (1919) was ratified and the Ku family.’’ Onie’s magnetic personality attracts abroad. She was the first gospel singer to sing Klux Klan boasted a membership of over 4.5 many young and old. Her favorite ‘‘suitors’’ are at the Jewish synagogue in Dayton, Ohio. million members, Onie accepted the Lord Christopher Williams, William ‘‘Sonny’’ Gamble Cynthia has participated on concerts featuring Jesus Christ as her personal Savior at First and Ernest DeVerger. Presently retired from such artists as Mary Mary, Byron Cage, Shir- Baptist Church in Alabama. She worked hard the Chimera Belt Factory, she still enjoys ley Caesar, Richard Smallwood, Bishop Paul and served as secretary for the Sunday school going to Church, taking pictures, shopping and Morton, Rev. Marvin Sapp, The Canton Spir- and the BYPU. After the death of her father as listening to music. ituals and Rance Allen just to name a few. a young girl, Onie was forced to leave school A long time Harlemite, she has seen a cen- She has recorded and self-produced 5 and take on the responsibility of helping her tury of great changes take place in her life, the CD’s, entitled ‘‘JUST ENOUGH FAITH TO mother provide for her sisters and brothers. It Church, the Nation and African-American peo- TRY’’, ‘‘ANOINTED PSALMS OF PRAISE’’, ‘‘A was the Red Summer of 1919 where race ple, including the granting of the right to vote SOULFUL CHRISTMAS’’, ‘‘HEAVEN IS THE riots broke out across the country including in to women and the great Civil Rights Move- PLACE TO BE’’ and ‘‘THE ULTIMATE COL- Chicago, Illinois, Washington, D.C. and Knox- ment. She has seen the Ku Klux Klan mem- LECTION’’. Cynthia produced the highly suc- ville, Indianapolis. In 1920, less than 400 miles bership dwindle to less than 8,000; 81 African- cessful CD titled, ‘‘Gospel Praises, Volume 1’’ away, a Black-run town called Rosewood was American mayors including John McGowan for MESSAGE MAGAZINE, the oldest black being attacked and burned to the ground. Un- (1984) of her hometown of Union Springs, Ala- religious magazine in the country. derstanding the importance of an education, bama and David Dinkins (1988) of New York In 2004, after relocating back to Mississippi, Onie traveled to Montgomery, Alabama to at- City; 3 ‘‘first’’ African-American governors; Cynthia founded the Canton Gospel Music As- tend the H. A. Loveless Middle School. nearly 100 Members of the House of Rep- sociation (CGMA). One of the main focuses of In 1938, Fiorello LaGuardia was mayor of a resentatives; 4 African-American Senators and the organization is to raise monies to pay for bustling city called New York, where, just four one African-American President, her favorite, music lessons for up and coming musicians in years earlier, the now famous Apollo Theatre President Barack Obama. She has lived addition to awarding scholarships to grad- held its first live show, and Onie Belle, a twen- through 19 US presidents, 3 pastors and a uating seniors. To date, the COMA has award- ty-six year old country girl from Alabama ac- multitude of African-American leaders and ed over $12,000.00 to over 60 students. cepted an invitation for ‘‘live-in’’ work in Kew innovators. She keeps her favorite Bible verse In 2005, she served as Executive Producer Gardens, Queens, New York so she could close, Psalm 121, which begins, ‘‘I will lift up for ‘‘The Gospel at Colonus’’ presented by the send money back to her mother. Onie and her mine eyes unto the hills, from whence cometh Mississippi Opera. Most recently she served mother prayed that God would protect her in my help.’’ On November 16, 2012 Onie Belle as Operations Director for the Return of the this huge city. Norwood will be 100 years old. Blessed in- Freedom Riders, 50th Year Reunion cele- Onie was a warm, friendly person who kept deed, she has seen her prayers answered—a brated in Jackson in May 2011. Most recently, her business to herself. She was drawn to the God who kept her safe in New York City. Cynthia worked at Jackson State University as Thursday ‘‘socials’’ that were a ‘‘meeting time’’ I ask my colleagues and our Nation to join the Resources and Media Technology Man- for many day workers, porters and laborers. me in this special Congressional Recognition ager for the Margaret Walker Alexander Na- That same year she met and married Clar- of the 100th Birthday of a true patriot and Har- tional Research Center. Currently, she is the ence Norwood. lem legend Mrs. Onie Bell Norwood. Executive Director of the Veterans of the Mis- The sounds of Harlem echoed in Onie’s ear f sissippi Civil Rights Movement, Inc. and she enjoyed visiting the Apollo Theatre HONORING CYNTHIA PALMER Mrs. Palmer, was presented with a Public every week where the place was ‘‘jumpin’’ with Service Award by the Robinson-Watson Book the sounds of Count Basie, Louis Armstrong, Company for the State of Mississippi at the Dizzy Gillespie, Ella Fitzgerald, Duke Ellington HON. BENNIE G. THOMPSON 20th Year Honors Awards Celebration Ban- OF MISSISSIPPI and Nat King Cole. In 1939, Billie Holiday first quet on June 26, 2009. The Public Service re- IN THE HOUSE OF REPRESENTATIVES performed a song entitled ‘‘Strange Fruit’’ in cipient is involved in the community during the New York City which protested the horrid act Thursday, November 29, 2012 year (s) working with various groups or agen- of lynching. Some of the more popular caba- Mr. THOMPSON of Mississippi. Mr. Speaker cies. They have succeeded in exercising their rets and clubs in Harlem such as the Cotton and fellow colleagues I rise today to honor a unselfishness in making an impact on the gen- Club, Connie’s Inn, and Smalls Paradise were worthy member of our society Mrs. Cynthia eral Mississippi community and society. She is frequented by Whites and did not allow Palmer. Mrs. Cynthia Palmer was born in Los also listed in the inaugural edition of ‘‘Who’s Blacks. Onie found herself in the midst of a Angeles, California but was raised in Canton, Who’’ in Black Mississippi. She is a member changing nation. Onie sought to survive Mississippi and attended Holy Child Jesus of the board of Directors of The Mississippi through hard work, diligence and determina- School. After her family relocated to Jackson, Opera, United Christian Artist Association, tion. she attended Brinkley Jr. High School and Women For Progress and MADDRAMA Per- On March 19, 1941, the 99th Pursuit Squad- Callaway High School where she excelled in formance Troupe. Mrs. Palmer has been a ron became the first African-American active all areas. Cynthia was chosen as the first contributing writer to The Mississippi Link combat unit and Onie joined the war effort Black ‘‘Miss Callaway High School’’ & the first Newspaper and the Metro Christian Magazine. working for the Department of Defense making black female ‘‘Student Body President’’ among In 2010, she was featured on the cover of the duffle bags and suspender belts for soldiers. many other honors. She attended Tougaloo Metro Christian Magazine. After the war, she secured employment in fac- College and majored in Business Communica- Mrs. Palmer has served on the following tories making belts. On June 25th, President tions and was listed on the Dean’s List. committees: Jackson State University’s Franklin Delano Roosevelt issued Executive Music has been a passion of Cynthia’s from Church Music Workshop of America, Com- Order 8802, the ‘‘Fair Employment Act’’, to re- a very early age. Throughout her career, Mrs. memorative Stamp Ceremony honoring

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.001 E29NOPT1 jbell on DSK7SPTVN1PROD with E1834 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 Medgar Evers & Fannie Lou Hamer, Mission on military advertising and/or did not under- U.N. IS NOT THE FORUM FOR RE- Mississippi Mayor’s Prayer Breakfast and Gov- stand the qualifications of military service. SOLVING MIDDLE EAST TEN- ernor’s Prayer Luncheon, among others. In In that same survey more than half of all SIONS 2003, Mayor Alice Scott, of Canton, Mis- veterans were unsure of how to professionally sissippi presented the ‘Key to the City’ to Mrs. network, and nearly three in four felt unpre- HON. TED POE Palmer and proclaimed October 3 as ‘‘Cynthia pared to negotiate salary and benefits and/or OF TEXAS Goodloe Palmer Day’’. unable to effectively translate military skills. IN THE HOUSE OF REPRESENTATIVES She is a singer, song writer, producer, en- More than 968,000 of veterans ages 18 to Thursday, November 29, 2012 trepreneur, friend, humble servant and a lover 64 had been in poverty in the past year in of people. Her personal testimony is: ‘In all thy Mr. POE of Texas. Mr. Speaker, today, the 2010. ways acknowledge him and he shall direct thy United Nations will vote on whether or not to paths’ Proverbs 3:6. More than 33,000 veterans were housed recognize the Palestinian Authority as a non- Mr. Speaker, I ask my colleagues to join me since 2009 by the Department of Housing and member observer state of the U.N. With 132 in recognizing Mrs. Cynthia Palmer for her Urban Development and the Department of nations having already recognized the Pales- dedication to serving others. Veterans Affairs in permanent, supportive tinian territory as a sovereign state and only f housing with case managers and access to 97 votes needed, I suspect the Palestinian VA health care. Authority’s effort will be successful. Yet, de- CLOTHE A HOMELESS HERO ACT $31 million of SNAP/food stamps funding in spite a ceasefire reached between Israel and 2008 was spent at military commissaries to Hamas last week, the Middle East remains a SPEECH OF help feed military members and their families volatile tinder box far from peace. Admitting HON. SHEILA JACKSON LEE who struggle against hunger. the Palestinian Authority as a nonmember ob- OF TEXAS A veteran lives in one in five households server state will hurt, not help, a peace proc- IN THE HOUSE OF REPRESENTATIVES benefiting from the Low Income Home Energy ess that is already on shaky ground. The United States has opposed the Pales- Assistance Program, which provides heating Tuesday, November 27, 2012 tinian Authority’s effort from the very beginning and cooling assistance. Ms. JACKSON LEE of Texas. Mr. Speaker, because it recognizes the instability that such I rise today in support of H.R. 6328, the After serving this country and protecting our recognition would create. The Palestinian Au- ‘‘Jamie Zapata Border Enforcement Security rights and freedoms, these veterans often sus- thority wants all the benefits of a state, without Task Force Act,’’ which Directs the Assistant tain debilitating injuries or post-traumatic any of the responsibility. They fully admit that Secretary of Homeland Security (Transpor- stress that make readjusting to life in the U.S. they don’t know what their borders are. By tation Security Administration [TSA]) to trans- an arduous task. It is often difficult for them to definition, a state is a geographic territory with fer unclaimed clothing recovered at airport se- find jobs and as they slip further into hope- a sovereign government. Yes, there are some curity checkpoints to local veterans organiza- lessness, they become more susceptible to countries with border disputes, such as India tions or other local charitable organizations for drug abuse and violent acts which can lead to and Pakistan in the Kashmir region, but the distribution to homeless or needy veterans homelessness. Palestinians have no agreed upon border and their families. Moreover, it authorizes the This is a disturbing trend that must end. whatsoever. What is a state if it can’t define its Assistant Secretary to enter into agreements Surely, in this great nation, we can provide for own land? with airport authorities for disposing of such those who fought to defend us. As our men The Palestinians themselves agreed to re- clothing. and women in the armed forces have served solve statehood issues at the negotiating table In my home state of Texas, we have nearly us, it is our duty to, in turn, serve them. in the Oslo Accords (which means they are re- 1.7 million veterans. I represent 18th District in H.R. 6328 is a step in the right direction to- quired to negotiate bilaterally with Israel). Now Texas which is home to over 32,000 veterans. wards finding creative solutions for the basic they are figuratively walking away from the ne- Of the 200,000 veterans of military service needs of certain veterans. By using unclaimed gotiating table and literally blowing it up with who live and work in Houston; more than clothing that has been left at airports is a won- attacks from Hamas. Meanwhile, Israel con- 13,000 are veterans from Operation Enduring derful way to help ensure that veterans who tinues to help the Palestinian economy, includ- Freedom in Afghanistan, and Operation Iraqi have fallen on hard times have access to ing collecting over $100 million a month in Freedom. clothing. taxes for the Palestinians and allowing more Veteran homelessness has been a substan- With the epidemic of depression, anxiety, and more Palestinians to travel to the West tial problem going back to at least the Vietnam and Post Traumatic Stress Disorder (PTSD) in Bank. One thing is for sure: it is not Israel that era. our military, along with the burden of long and is holding up the peace process. With upgraded status at the U.N. come cer- An estimated 10–16 percent of our nation’s repeated deployment during our nation’s most tain benefits. Here lies the real desire for the homeless population (between 76,000– recent wars, we must be vigilant about com- Palestinian U.N. gambit. A Palestinian state 136,000) are veterans. bating the issue of homelessness among our could bring war crimes charges against Israel Nearly one in seven homeless adults are nation’s heroes. veterans, as of * * * in the International Criminal Court, putting the More than 67,000 homeless veterans were Throughout my tenure in Congress, I have fate of Israelis in the hands of some inter- counted on a given January night in America remained committed to meeting both the national judge. This Court is so dangerous last year. More than 4 in 10 homeless vet- needs of veterans of previous wars, and to that even President Obama refuses to allow erans were found unsheltered. those who are now serving. Veterans have Americans to be prosecuted by it. The Pales- Almost half of homeless veterans were Afri- kept their promise to serve our nation; they tinian Authority remains fiercely committed to can American in 2008 despite the fact that have willingly risked their lives to protect the bringing Israel to the International Criminal only 11 percent of veterans overall are African country we all love. We must now ensure that Court. Many of the nations who support Pales- American. we keep our promises to our veterans. tinian Statehood have requested assurance 1.5 million veterans are at risk of homeless- I have introduced and supported legislation that Israel would be left alone if statehood was ness due to poverty, lack of support networks, that increases medical services to our troops, granted. The Palestinian Authority defiantly re- and dismal living conditions in overcrowded or veterans and their families. I recently intro- jected these requests. Just yesterday, Hanan substandard housing. duced a measure that resulted in $500,000 Ashrawi, a senior member of the PLO said: 30.2 percent of veterans ages 18 to 24 were additional funding for PTSD research and ‘‘We have not succumbed to pressure, we did unemployed according to unpublished 2011 treatment. Yet, as we work to improve the not give any commitment.’’ The world should Bureau of Labor Statistics data. physical and mental health of our returning he- know they mean what they say; granting them Nearly 1 in 10 veterans with disabilities roes; we must also work to ensure that our this request means endangering Israel. were not employed in 2010. service men and women retain their dignity Yes, the Palestinians may be successful According to Iraq and Afghanistan Veterans when they return home, and providing them today and no, the U.S. does not have veto of America, a 2007 survey showed that more with access to clothes is the least we can do power in a U.N. General Assembly vote, but than one-third of employers were unaware of to honor their service. For that reason, I urge there still can and should be consequences for protections they must provide to my colleagues to support H.R. 6328, the the irresponsible actions of President Abbas servicemembers, and more than half spent ‘‘Clothe a Homeless Hero Act,’’ on Suspen- and his old cronies in the Palestinian Libera- less than 2 percent of their recruitment budget sion. tion Organization, PLO. Last year, we gave

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.002 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1835 the Palestinian Authority $495 million. In the 2012. This legislation sends the wrong mes- It was a special gathering of people that same timeframe, President Abbas’ office sage, rewarding President Putin with trade knew Joseph as clients, as activists, as edu- budget was $72 million yet he refuses to tell privileges at a time when he is crushing pro- cators, as business partners, as media per- us or anyone else how he spends it. There democracy voices at home and arming the sonalities, as religious leaders, as entertainers are even press reports that his own salary is murderous Assad regime in Syria. and promoters, as elected officials and as $1 million a month. According to their own Russia has repeatedly and deliberately family members and friends. In his very short documents, the Palestinian Authority spent blocked international efforts to bring an end to time here on this earth, my dear friend Joe $194 million last year alone on offices that the violence in Syria. The Russian government Fleming lived a complete and compact life of helped promote the Palestinians’ push for rec- continues to arm President Bashar alAssad as excellence and accomplishment, which in- ognition at the U.N. The U.S. should imme- he murders his own people. Just last month, cluded being the best husband in the world, a diately cut funding to the PLO by at least $72 the Turkish government seized munitions from wonderful loving and complete father, a de- million next year and require President Abbas a Russian flight intended for the Syrian Army. voted son, a trusted friend and confident, an to open up his budget for all to see. The days The violence has had a devastating impact on author, inventor, entrepreneur, role model, of giving money away to other nations with no Syrian civilians, with 2.5 million internally dis- track runner, singer, a man who loved to party transparency and no consequences for irre- placed and over 400,000 registered refugees and dance with the ladies, but a man who sponsible behavior should be over. living in neighboring countries. By early next gave all of his unyielding heart to his only true The United Nations has no business getting year, 4 million Syrians will need humanitarian love and partner Temple-Jene. involved in the conflict between the Israelis assistance. Russia’s support of the Syrian Great men like Joseph Fleming, Esq. are and the Palestinians. Dore Gold, a former Army is extending the conflict, which increases precious gifts we temporarily have in this Israeli ambassador to the U.N. said: ‘‘If there the risks of destabilization within the region. world, but their assistance and contributions was a U.N. resolution whose first clause was The conflict has already spilled over Syria’s are far remembered and everlasting. Although anti-Israel and whose second clause was the borders into Turkey and Lebanon. Before I Joe will be missed, his legacy now lives earth is flat, the U.N. would pass it.’’ Peace support any legislation favorable to Russia, through his wife, Temple-Jene, his son, Jo- will not come from decisions made by a cor- that country’s leaders must stop arming the seph Harris, his three daughters, Lavon Robin, rupt international body. If the Palestinians Syrian regime and allow the international com- Lateefah Shariene and Terilyn Marshelle, his were committed to peace they would be work- munity to take action to end the violence. grandson, Nathaniel Joseph Williams, his ing with Israel, not hiding behind the U.N. And Proponents of this legislation argue it is time God-daughter, Nyah Cha’ Ron Uhuru and that’s just the way it is. for Russia to graduate from Jackson-Vanik. through Maschil Entertainment, whose mission f This graduation, however, would take place in is to create, produce, and promote music and the middle of a serious crackdown on human artists who ‘‘make music with a conscious GREG POULOS rights in Russia. In the past year, the Russian message’’. That is indeed a great comfort to government has forced international non-gov- all who knew this amazing, articulate, soft spo- HON. ED PERLMUTTER ernmental organizations out of the country and ken, serene and outspoken man, who lived life OF COLORADO imposed harsh sentences on individuals for positive despite pain and discomfort as an ex- IN THE HOUSE OF REPRESENTATIVES peaceful protest. Just three days ago, Presi- ample to all of us. Mr. Speaker, on a very personal note, when Thursday, November 29, 2012 dent Putin signed a law that expands the definition of treason so broadly that any individual I remember Joe Fleming, I think about myself Mr. PERLMUTTER. Mr. Speaker, I rise working with an international organization is at as D’Artagnan who joined Athos (Joe Flem- today to recognize and applaud Greg Poulos risk of being jailed for treason. These repres- ing), Porthos (Leon Ellis) and Aramis (Reggie for his service to our community and receiving sive tactics signal a serious step backward for Williams), the Black Musketeers, inseparable the 2012 Mayor of Golden’s Award for Excel- Russia’s human rights record. friends who live by the motto ‘‘all for one, one lence. H.R. 6156 contains the Sergei Magnitsky for all’’ (‘‘tous pour un, un pour tous’’). The As founder and chairman of the Golden Rule of Law Accountability Act, which would friendship and kinship of these amazing three Schools Foundation, Greg continues to drive require President Obama to publically name Amigos, The Black Musketeers is a story that the organization to excellence through high those responsible for Mr. Magnitsky’s torture bears and dares to be written in the mortals of performance rates and accountability in the and murder. The President would then be able Harlem’s history, which will tell a story of three Golden articulation area. to address those persons and other human very best friends who were always there for Greg portrays his commitment to the people rights abusers with individual sanctions, in- me and the community we love so deeply. of Golden through his surveys of the residents cluding prohibitions on travel to the United I am honored to include the Obituary of our on their expectations and reviews of Golden States and the use of American banking facili- dear beloved Musketeer, Joseph Fleming, schools, then employs these testimonials in ties. Those responsible for Mr. Magnitsky’s Esq. strategic goals for the community. Greg aims murder should be brought to justice. While I Joseph Fleming was born January 4, 1951 in to have 95% of Golden students enrolled in support this provision, it is not enough to jus- Richmond, Virginia to Mary Terry Fleming their neighborhood schools. With Greg’s deter- tify voting for the bill, which ignores the contin- and the late Rev. Leroy Fleming, Sr. His mination and diligence, this goal will undoubt- ued suffering of millions in Russia and Syria. family moved to Mt. Vernon, New York in 1953, and later to the Bronx in 1957. Joseph is edly be achieved in the near future. I urge my colleagues to join me in opposing Mr. Poulos is a champion in the community a product of the New York City School Sys- H.R. 6156. tem, P.S. 103, Olinville Jr. High School, and and I am honored to congratulate him on re- f Evander Childs High School. He graduated ceiving the 2012 Mayor of Golden’s Award for from New York University School of Liberal Excellence. I am sure he will have the same CELEBRATING THE LIFE AND LEG- Arts at its Uptown Bronx Campus in 1973, dedication and commitment in all his future ACY OF HARLEM’S GENERAL where he received his B.S. Degree in Eco- endeavors. COUNSEL JOSEPH FLEMING, ESQ. nomics and Political Science. While attend- f ing NYU, Joseph was the Founder and one of HON. CHARLES B. RANGEL the Directors of the Educational Develop- RUSSIA AND MOLDOVA JACKSON- ment and Community Enrollment Program, OF NEW YORK VANIK REPEAL AND SERGEI a program designed to enroll and mentor stu- MAGNITSKY RULE OF LAW AC- IN THE HOUSE OF REPRESENTATIVES dents with promise, but without the grades. COUNTABILITY ACT OF 2012 Thursday, November 29, 2012 He was also President of the Black Students Organization. Mr. RANGEL. Mr. Speaker, I rise to remem- Joseph loved the law. At an early age, SPEECH OF ber the life and legacy of Joseph Fleming, after watching Perry Mason, he decided he HON. BETTY McCOLLUM fondly known to many as Papa Joe, Joe Cool, was going to be a lawyer. Upon receiving his Juris Doctor from New York University in OF MINNESOTA The People’s Lawyer, The Master Negotiator and Harlem’s General Counsel. On Monday, 1976, Joseph began working as an Associate IN THE HOUSE OF REPRESENTATIVES in the Law Offices of Reginald F. Lewis. It September 10, 2012, Harlem’s honorary elite Friday, November 16, 2012 was an opportunity of a lifetime to be able to gathered at the Sanctuary of the historic Abys- gain firsthand experience with one of the top Ms. MCCOLLUM. Madam Speaker, I rise in sinian Baptist Church to celebrate the life of African American attorneys on Wall Street. strong opposition to H.R. 6156, the Russia our dear beloved attorney and friend, Joseph Within a couple of years, Joseph knew that and Moldova Jackson-Vanik Repeal Act of Fleming, Esq. his passion for the law would only be truly

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A29NO8.004 E29NOPT1 jbell on DSK7SPTVN1PROD with E1836 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 satisfied by having his own firm. In January American fashion magazines. ‘‘Black In JULIE KERWIN of 1978, Joseph started his private practice, Vogue’’, which was the first fashion publica- Joseph Fleming, Esq., which was located in tion to give credit to models and photog- his home on Central Park West. In the begin- raphers directly on the page of the photo HON. ED PERLMUTTER ning he only had a handful of clients, but magazine. Attorney Fleming was named to OF COLORADO word began to spread about this young attor- Who’s Who in Black New York City in 2009. IN THE HOUSE OF REPRESENTATIVES ney who could get the job done. In 1986, he He was an Officer in his son’s company, Thursday, November 29, 2012 moved his home office downtown nearer the Maschil Entertainment, Inc., and was Execu- Court Houses, first to Hudson Street, and tive Producer and co-host of Maschil’s criti- Mr. PERLMUTTER. Mr. Speaker, I rise then in subsequent years, as his practice cally acclaimed live art, music show today to recognize and applaud Julie Kerwin grew, he maintained offices in the Wall ‘‘LoveJonesNYC’’. He worked with other gi- for her service to our community and receiving Street area on John Street. The Law Offices ants in the entertainment industry including the 2012 Mayor of Golden’s Award for Excel- of Joseph Fleming was a general practice law Dr. Benjamin Chavis and Russell Simmon’s lence. firm committed to providing superior legal Hip Hop Summit, Doug E. Fresh, Lion King’s representation in a personalized and cost ef- Sophia Nicole, and his son, J-Harris; as well Julie transformed an unhealthy form of fund- fective manner. Many who sought profes- as a number of other celebrities and up and raising at Shelton Elementary, a local grade sional advice and counsel from Joseph were coming artists. school, into a beneficial athletic and healthy also fortunate to have a personal relation- Joseph was amazing! He had been battling fundraiser for the children. Rather than the ship with him. He often gave out his cell several cancers over the years, starting in yearly sale of candy and cookie dough, she phone number so that he could be reached di- 1999, culminating with his transition in 2012. created a 5K race to aid the school. rectly by his ‘‘client/friend’’ anytime of the Joseph’s faith in God was so strong! Without In preparation for the event, Julie founded a day or night. During his 34 years of having God, none of the above could have happened! fun practicing law, Joseph never advertised running club, in which 60 children eagerly his practice. You had to be his client by re- Mr. Speaker, I ask that you and my distin- joined to run for the event. The successful ferral only. guished colleagues join me in Celebrating the event has blossomed into a sustainable com- Attorney Fleming’s practice concentrated Life and Legacy of Harlem’s General Counsel, munity event. in the following areas of expertise: Federal Joseph Fleming, Esq. It is my hope that his It is members of the community like Julie Civil Litigation, General Civil Litigation in who show us through innovation we can cre- all courts including Commercial Litigation, example will serve as a testament that, with Personal Injury, and Medical Malpractice; hard work and genuine character, we can ate healthy lifestyles in our neighborhoods, Corporate, Commercial, and General Busi- achieve our greatest dreams. while promoting education and enriching the ness matters; Real Estate transactions on all community. Her unprecedented ideas shine as levels from the sale and purchase of property f a beacon for all other community members in to major corporate mergers, acquisitions, our Nation and Colorado. and development; Entertainment, Media and HONORING PATRICIA COLEMAN Ms. Kerwin is a champion in the community the Arts; Estates, Wills and Trusts, Not-for- BRACEY and I am honored to congratulate her on re- Profit Corporation Law, and Trademark and ceiving the 2012 Mayor of Golden’s Award for Copyright. Joseph served as legal counsel to a wide range of professionals, corporations, HON. BENNIE G. THOMPSON Excellence. I am sure she will have the same dedication and commitment in all her future not-for-profit corporations, and individuals. OF MISSISSIPPI Although his practice was spread worldwide, endeavors. IN THE HOUSE OF REPRESENTATIVES the majority of his clients were from the Vil- f lage of Harlem. Joseph also provided oppor- Thursday, November 29, 2012 tunities to many law students and young at- MEDICAL PREPAREDNESS torneys. Whatever he could do, he expected Mr. THOMPSON of Mississippi. Mr. Speak- ALLOWABLE USE ACT them to do the same, from making photo- er, I rise today to honor Librarian, Patricia copies, interacting with clients and other at- Coleman Bracey, who has possessed a pas- SPEECH OF torneys, to standing before Judges and sion for reading since she was a child. Any Clerks. He gave young men and women a full type of literature or new book that she could HON. SHEILA JACKSON LEE and true experience of what it was to be an put her hands on was, in her words, ‘‘like icing OF TEXAS attorney in all facets. on the cake’’. IN THE HOUSE OF REPRESENTATIVES Joseph was admitted to practice in the United States Supreme Court; the United Patricia, or Pat as a lot of people call her, Tuesday, November 27, 2012 States Court of Appeals for the Federal Cir- is the oldest of four children born to George Ms. JACKSON LEE of Texas. Mr. Speaker, cuit; the Second Circuit Court of Appeals; and Marie White Coleman of Raymond, Mis- I rise today to debate H.R. 5997, the ‘‘Medical United States District Court for the Eastern sissippi. She was educated in the Hinds Coun- Preparedness Allowable Use Act,’’ which District of New York; United States District ty Public School System and graduated in Court for the Southern District of New York; amends the Homeland Security Act of 2002 to 1966. She received a B.S. and a Master De- authorize the use of Urban Area Security Ini- United States Tax Court; and the New York gree from Jackson State University in Edu- State Supreme Court, Appellate Division tiative and State Homeland Security Grant First Judicial Department. He was a member cation with a concentration in Library Science. Program funding for enhancing medical pre- of the New York State Bar Association and a She is a member of the Pine Grove M. B. paredness, medical surge capacity, and mass founding member of the Society of African Church and an associate member of Seven prophylaxis capabilities. American Law Firms. Joseph was also one of Springs United Methodist Church, both in Ray- Moreover, this would involve the develop- the founding members and Chairman of the mond. ment and maintenance of an initial pharma- Board for the Education of People of African As a child, Mrs. Bracey’s passion was al- ceutical stockpile, including medical kits, and Ancestry. He had been an adjunct Professor ways reading and finding new books to dis- at John Jay College for Criminal Justice. diagnostics sufficient to protect first respond- Joseph was most proud of his victory in cover the world. Reading a book can take you ers, their families, and immediate victims from the case of Professor Leonard Jeffries v. the anywhere you want to go. She realized this at a chemical or biological event. City University of New York, where he suc- a young age; therefore, she wanted to help As a proud Member of this body and as the cessfully defended Dr. Jeffries in his First children realize it too. With this passion and Ranking Member on Homeland Security Amendment suit against the College. He was drive, Mrs. Bracey felt that she could serve Transportation Subcommittee on Transpor- also proud of his skillful legal prowess in children best as a librarian—and that is ex- tation, I understand the importance of main- successfully recovering the property of Mal- actly what she did. Patricia worked to instill in taining an unyielding commitment to keeping colm X, from an eBay auction and a near boys and girls the love of reading and how to storage facility sale, and returning the prop- the American homeland safe from weapons of erty to the Shabazz Family. correctly use the library and its resources ef- mass destruction by increasing our prepared- Joseph was so much more than an attorney fectively for 32 years at Woodville Heights Ele- ness for dealing with chemical, biological, radi- and counselor. He was one of the best hus- mentary School in Jackson, Mississippi. ological, and nuclear threats, whether they bands in the world, a wonderful loving fa- After retiring from the Jackson Public School originate from individuals, terrorist organiza- ther, devoted son, trusted friend and con- District, Patricia continued her service as a li- tions, and state sponsors of terror, or horrible fident, an author, inventor, entrepreneur, brarian with the Jackon-Hinds Library System. role model, track runner, singer, a man who accidents. loved to party and dance with the ladies, and Mr. Speaker, I ask my colleagues to join me While much has been done to prepare our Temple-Jene’s handyman. Among his many in honoring Patricia Coleman Bracey, a dedi- first responders for a nuclear, chemical or bio- entrepreneurial activities, in 1974 he served cated public servant who has touched the logical incident in the United States, the as the publisher of one of the first African lives of thousands of children. healthcare system in this country is not fully

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.006 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1837 prepared to handle the resulting mass casual- Saving Award during a ceremony on October House Science Committee chairman, he has ties that would likely result from such an at- 30, 2012. Deputy Gilder put himself into been a leader promoting science, technology, tack. harm’s way on two separate occasions this engineering, and math education. He has Thousands of lives could potentially be year alone, earning him accolades and the worked to ensure that sound scientific prin- saved if our medical personnel are adequately title of ‘‘hero.’’ ciples are the bedrock of any related public prepared and trained for such an occurrence. During a routine patrol in Beaumont, Texas, policy decisions being made. He has put a pri- The Metropolitan Medical Response System on October 12, 2012, Deputy Gilder came ority on research and development to ensure (MMRS) provides funding to State and local across an 18-wheeler loaded with heavy that America remains competitive. And he has governments to assist in preparing for and re- equipment that was stuck on a railroad track. been a leading proponent of America’s space sponding to mass casualty incidents resulting Gilder used his vehicle to block traffic so they exploration program. from acts of terrorism, natural disasters, and could attempt to dislodge the vehicle with no In addition to all of his professional achieve- other events. success. The truck could not move. Deputy ments, Chairman HALL has a great sense of Using the grants, jurisdictions develop re- Gilder went to make an assistance call and humor. Congress can be a place of intense sponse plans, conduct exercises and training, saw the worst possible sight—a train headed political maneuvering and infighting, and he al- and acquire medical countermeasures and straight towards them. ways brings levity to tense situations with his personal protective equipment for dealing with Thinking quickly, Deputy Gilder alerted his wit and charm. He endears his colleagues to biological events that occur on a large scale. dispatch and began racing to get the driver him on both sides of the aisle. As it stands, the MMRS program has not out of the vehicle. Thanks to the noise and It is with great pride today that I congratu- been reauthorized or appropriated funds due commotion, the driver never heard the train. late my friend and colleague, RALPH HALL, on to recent budgetary constraints. They were able to move him into safety while his distinguished career; his service to our MMRS Characteristics include: Integrated Gilder had enough time to move his vehicle country; and his leadership in the U.S. House medical response system; detailed system re- out of the way of the train. Mere seconds of Representatives. This body is better be- sponse & operations plans; specially trained later, the trailer was destroyed. No injuries cause of his service, and I wish him many responders at all levels; specialized response were reported, including the son of the driver, more years of success and happiness. equipment; specialized medical equipment and who was asleep in the cab. Deputy Gilder f pharmaceutical cache; enhanced medical saved three lives that day, including his own. transport and treatment capabilities. This was not the first incident where Deputy MARV KAY MMRS has 12 MMRS Capability Focus Gilder went above and beyond in the line of Areas, which include the following: Strengthen duty. Earlier this year, Deputy Gilder and his HON. ED PERLMUTTER Medical Surge; strengthen Mass Prophylaxis; partner came upon a trailer on fire. A woman OF COLORADO strengthen CBRNE Detection, Response, and found herself trapped inside with the fire grow- IN THE HOUSE OF REPRESENTATIVES Decontamination Capabilities; strengthen Inter- ing and time running out. They were able to Thursday, November 29, 2012 operable Communication Capabilities; rescue the woman, and Deputy Gilder suffered strengthen Information Sharing and Collabora- injuries due to his daring escape. When asked Mr. PERLMUTTER. Mr. Speaker, I rise tion Capabilities; expand Regional Collabora- about the injuries, he responded that he would today to recognize and applaud Mr. Marv Kay tion; triage and Pre-Hospital Treatment; med- do anything for the citizens of Jefferson Coun- for his service to our community and receiving ical Supplies Management and Distribution; ty. the 2012 Mayor of Golden’s Award for Excel- mass Care (Sheltering, Feeding, and Related President Ronald Reagan once said that lence. Services); emergency Public Information and ‘‘Heroes may not be braver than anyone else. Marv’s story is one of long-term dedication Warning; fatality Management; volunteer Man- They are just braver for five minutes longer.’’ to the community of Golden. Through great agement and Donations. Thanks to two daring moves by Deputy Larry amounts of perseverance Marv has served the H.R. 5997 would authorize use of Urban Gilder, lives were saved. He is a true Amer- community as mayor, mayor emeritus, serving Area Security Initiative (UASI) and State ican hero. chair of the Blue Ribbon, honorary co-chair of Homeland Security Grant Program (SHSGP) And that’s just the way it is. the 2012 Jefferson County Schools Mill and funding toward the enhancement of medical f Bond Campaign, as a member of the Golden preparedness, medical surgery capacity, and Good Government league, a mentor of numer- mass prophylaxis capabilities. A TALL TEXAN AMERICAN HERO ous civic leaders, and a valued Colorado This would effectively allow to MMRS pro- School of Mines leader and guide. SPEECH OF gram to continue using these funds, which Marv continues to serve Golden, regardless provide important measures such as a phar- HON. MICHAEL T. McCAUL of the hat he wears each day. Through his maceutical stockpile, medical kits, and OF TEXAS pure selflessness, he is committed to leading diagnostics that will help to protect first re- IN THE HOUSE OF REPRESENTATIVES the town in the right direction towards success. Each community could benefit from hav- sponders, their families, and immediate victims Tuesday, November 27, 2012 from a chemical or biological act of terror or ing a member such as Marv advocating in accident. Mr. MCCAUL. Mr. Speaker, I rise today to their streets. As Americans, we must ensure that we are pay tribute to a dear friend and great leader in Mr. Marv Kay has been a champion in the adequately prepared for whatever challenges this body: Science Committee Chairman community and I am honored to congratulate that we face in our Nation; and nowhere is RALPH HALL, who just became the oldest him on receiving the 2012 Mayor Award for that more true than with the potential for large- known House member to cast a recorded floor Excellence. I am sure he will exhibit the same scale disasters. vote. I am honored to serve on the Science dedication and commitment in all his future Preparing for large and debilitating disasters Committee with the Chairman, and I have endeavors. has become an inconvenient but necessary seen first hand his dedication not only to f facet of modern America, a task that our gov- America’s scientific endeavors, but also to our ernment has met head on since 9/11. This bill country and the great state of Texas. HONORING HARLEM’S HISTORIAN will help to ensure that the resources are there Chairman HALL was born in Rockwall Coun- AND BLACK FILMMAKER WIL- in order to make those preparations. ty, Texas, a place he has represented in Con- LIAM ‘‘BILL’’ MILES f gress since he was elected in 1980. He was an aircraft carrier pilot in the Navy from 1942– HON. CHARLES B. RANGEL DEPUTY LARRY GILDER 1945 and received his law degree from South- OF NEW YORK ern Methodist University in 1951. In the 1950s, IN THE HOUSE OF REPRESENTATIVES he served as Rockwall County judge and in HON. TED POE Thursday, November 29, 2012 OF TEXAS the 1960s he served in the Texas state sen- IN THE HOUSE OF REPRESENTATIVES ate. During this time he was also a successful Mr. RANGEL. Mr. Speaker, I rise to honor business leader in Rockwall County. the life and legacy of Harlem’s historian and Thursday, November 29, 2012 He brought his strong sense of leadership Black Filmmaker, William ‘‘Bill’’ Miles. William Mr. POE of Texas. Mr. Speaker, today I am and service to the U.S. House of Representa- Miles was born in Harlem, New York, and has honored to recognize Jefferson County Deputy tives, where he has faithfully served since used his deep knowledge and experience of Larry Gilder, who was presented with a Life Ronald Reagan was elected president. As Harlem to produce films that tell unique and

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.008 E29NOPT1 jbell on DSK7SPTVN1PROD with E1838 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 often inspiring stories of Harlem’s history. former Albany, New York, rail station porter, prominence almost always denied them in Based in New York City at THIRTEEN/WNET who earned the nickname ‘‘Black Death’’ for other areas of American life. ‘‘Who Will Wear New York Public Media, William Miles pro- his actions in combat in France. In May 1918, the Crown?’’ (Part One) examines early black duced many films dedicated to the African- Johnson and Pvt. Needham Roberts fought off participation in sports, focusing on the athletic American experience that have been broad- a 24-man German patrol, though both were departments of segregated Negro colleges cast nationwide over the Public Broadcast severely wounded. After they expended their during the first half of the century. ‘‘New System, PBS. Bill Miles’ interest in creating ammunition, Roberts used his rifle as a club Times: The Integration of American Sports’’ historical documentaries was nurtured through and Johnson battled with a bolo knife. John- (Part Two) explores black pioneers who be- 25 years of restoring archival films and early son was the first American to receive the came superstars in the white sports arena. feature classics for Killiam Shows, Inc. and the Croix de Guerre (Cross of War) awarded by ‘‘Looking For Tomorrow: Black Athletes and Walter Reade Organization in New York City. the French government. By the end of the the Sporting Life’’ (Part Three) focuses on the Bill Miles breakthrough film was Men of war, 171 members of the 369th were cited for world of corporate sports and the financial and Bronze, which opened at the New York Film their heroism and decorated with the Croix de emotional pressures facing black superstars. Festival in 1977 and was later broadcast on Guerre and Legion of Honor. Upon their return Important topics included the impressive per- PBS. This film tells the story of the black to the United States, the Harlem Hellfighters formances of various black athletes at the American soldiers of the 369th Infantry Regi- were honored by the City with a victory parade 1936 Berlin Olympics, Jackie Robinson’s inte- ment, known as the Harlem Hellfighters, who, up Fifth Avenue. During World War II, the gration of Major League Baseball, Althea Gib- because of segregation in the U.S. Army, 369th distinguished itself at Okinawa, and later son’s achievements in tennis, and the careers fought under the French flag in World War I. fought in the Korean, Vietnam, Persian Gulf of early black football stars. The regiment spent more time in the front-line Wars and the War on Terror in Afghanistan. Miles co-produced the film on literary legend trenches than any other American unit, fighting The unit serves today as the 369th James Baldwin: The Price of a Ticket, which alongside French, Moroccan, and Senegalese Sustainment Brigade. debuted in 1989 as an episode of PBS’s soldiers. First organized in 1916 as the 15th Mr. Speaker, as a Korean War Veteran and American Masters series. James Baldwin: The New York National Guard Infantry Regiment Member of the 369th Harlem Hellfighters Vet- Price of the Ticket captures on film the pas- and manned by black enlisted soldiers with erans’ Association, I included this comprehen- sionate intellect and courageous writing of a both black and white officers, the 369th Infan- sive history of the 369th Regiment as docu- man who was born black, impoverished, gay try is known for being the first African-Amer- mented in film by our beloved William ‘‘Bill’’ and gifted, by using striking archival footage to ican regiment to serve with the American Ex- Miles because these brave Men of Bronze evoke the atmosphere of Baldwin’s formative peditionary Force during World War I. The were game changers that fought as proud years—the Harlem of the 30s, his father’s fun- regiment was nicknamed the Harlem Americans to protect and serve our nation. damentalist church and the e´migre´ demi- Hellfighters and the Black Rattlers, in addition As I continue to talk about the great work of monde of postwar Paris. Newsreel clips from to several other nicknames. Federalized in my dear friend filmmaker Bill Miles, I must the ’60’s record Baldwin’s running commentary 1917, it prepared for service in Europe and ar- also recognize his best known artistic docu- on the drama of the Civil Rights movement. rived in Brest in December. The next month, mentary, I Remember Harlem, a four part The film also explores his quiet retreats in the regiment became part of the 93rd Division comprehensive series, which chronicles the Paris, the South of France, Istanbul and Swit- (Provisional) and continued its training, now history and changes of the Village of Harlem zerland—places where Baldwin was able to under French instructors. In March, the regi- and changes from its beginnings in the early write away from the racial tensions of Amer- ment finally received its Federal designation 1600s through the early 1980s. The program’s ica. Writers Maya Angelou, Amiri Baraka, and was reorganized and reequipped accord- episodes include segments on Harlem’s early Ishmael Reed, William Styron and biographer ing to the French model. That summer, the history and settlement, the Harlem Renais- David Leeming place Baldwin’s work in the Af- 369th was integrated into the French 161st Di- sance, the Great Depression in Harlem, the rican-American literary tradition—from slave vision and began combat operations. Dubbing Civil Rights Movement and political activism in narratives and black preaching to their own themselves ‘‘Men of Bronze,’’ the soldiers of the era of Malcolm X, and the problems and contemporary work. The film skillfully links ex- the 369th were lucky in many ways compared redevelopment of the ’70s. Miles spent three cerpts from Baldwin’s major books—Go Tell it to other African Americans in 1918 France. years researching materials for I Remember on the Mountain, Notes of a Native Son, An- They enjoyed a continuity of leadership, com- Harlem, which traced Harlem’s 350-year his- other Country, The Fire Next Time, Blues for manded throughout the war by one of their tory. As a visual counter to the oral histories Mister Charlie, If Beale Street Could Talk—to original organizers and proponents, Colonel in the film, Miles unearthed archival photo- different stages in Black-white dialogue and William Hayward. Unlike many white officers graphs and motion picture stock footage along conflict. serving in the black regiments, Colonel Hay- with newsreel films, much of it rare and never Bill directed Black Stars in Orbit (1990), a ward respected his troops, dedicated himself before seen by the general public. In early documentary that profiles black astronauts and to their well-being, and leveraged his political 1982, one year after it was broadcast, I Re- the contributions of African-Americans who connections to secure support from New York- member Harlem won an Alfred I. DuPont Co- worked behind the scenes in the NASA Space ers. Spending over six months in combat, per- lumbia University citation and an American Program, featuring Edward J Dwight Jr., Ron- haps the longest of any American unit in the Film Festival Award. ald E McNair, Frederick D. Gregory, Patricia war, the 369th suffered approximately fifteen Bill Miles, president of Miles Educational S. Cowings, Isaac T. Gilliam, IV, Guion S. hundred casualties but received only nine hun- Film Productions, Inc. produced and directed Bluford, Jr., Charles F. Bolden, Jr., Mae C. dred replacements. Unit histories claimed they The Different Drummer: Blacks in the Military Jemison, Robert H. Lawrence, Jr. Robert E. were the first unit to cross the Rhine; they per- (1983) concentrated on African-American sol- Shurney, Lee Archer, Jr. and George Car- formed well at Chateau-Thierry and Belleau diers in recent decades. A three-part docu- ruthers. Wood, earning the epithet ‘‘Hell Fighters’’ from mentary that explores the history of blacks in Black Stars in Orbit was followed by Lib- their enemies. Exhibiting extraordinary valor, the American Armed Forces. Part One, ‘‘Un- erators: Fighting on Two Fronts in World War the 369th, an integral part of the Fourth known Soldiers,’’ examines the earliest black II (1992), which Miles co-produced with Nina French Army, fought on the front until the Ar- involvement in the military, from the Civil War Rosenblum. Liberators, featuring actors mistice. During the Meuse-Argonne Offensive to World War I; Part Two, ‘‘The Troops,’’ con- Denzel Washington, Louis Gossett Jr. and the 369th showed exceptional bravery, espe- tinues that history from World War II to the Leon Bass is a documentary film account cially on September 29, 1918, during the lib- war in Vietnam; Part Three, ‘‘From Gold Bars about Black American soldiers in World War II eration of Sechault, when a third of the regi- to Silver Stars,’’ features interviews with to- who combated racism in the segregated mili- ment suffered casualties. Whereas African day’s highest-ranking black officers, who de- tary and on the home front. In April 1945, American valor usually went unrecognized, scribe their how they rose up the military lad- some Black American soldiers were among during its service, the regiment suffered 1500 der. the first ‘liberators’ to enter Nazi death camps, casualties and took part in the following cam- Miles’s three-part program Black Champions encountering the survivors described by one paigns: Champagne–Marne, Meuse–Argonne, (1986) dealt with a three-part chronicle of the GI as ‘‘walking skeletons.’’ Champagne 1918 and Alsace 1918. One historic achievements by black athletes in Bill Miles and Nina Rosenblum collaborated Medal of Honor and many Distinguished Serv- America. The documentary uses rare archival and co-directed, The Black West, which is part ice Crosses were awarded to members of the footage to illustrate how many black cham- of a three-volume series of the TBS Emmy regiment. The most celebrated man in the pions, both famous and little-known, success- award-winning film and Cable Ace nominee 369th was Pvt. Henry Lincoln Johnson, a fully challenged racism to achieve a level of series, The Untold West. Narrated by Actor

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.011 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1839 Danny Glover, The Black West episode de- and Melvin Logan for his entrepreneurial spirit This bipartisan bill, named in Jamie picts the story of African Americans of the and continued dedication to serving the Zapata’s honor, seeks to enhance our nation’s early western frontier of the late 19th century. Sharkey County community. abilities to deal with the dangerous activities The segment salutes the black cowboys of the f occurring near our borders and, hopefully, pre- western wilderness who fought alongside their vent the tragic deaths of more of our agents. Native American and white counterparts dur- JAMIE ZAPATA BORDER ENFORCE- These are men and women who put their lives ing the development of the frontier. The con- MENT SECURITY TASK FORCE on the line in order to protect our country’s in- tributions of these nearly forgotten African- ACT terests. Americans are portrayed through realistic re- We know that this program works and has SPEECH OF enactments, including a special segment on provided American citizens with improved bor- cowboy Bill Pickett, one of the best rodeo per- HON. SHEILA JACKSON LEE der security and greater security throughout formers of all time. OF TEXAS the United States. Mr. Speaker, Bill Miles’ life’s work is dedi- IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to support the ‘‘Jamie cated to exploring the entire African American Tuesday, November 27, 2012 Zapata Border Enforcement Security Task Experience including the history, culture and Force Act,’’ which will ensure that our agents achievements of African Americans from their Ms. JACKSON LEE of Texas. Mr. Speaker, tasked with securing our border, who work arrival in America in the 16th century to their I rise today to debate the Senate Amendment under extremely perilous circumstances, are achievement as astronauts, aeronautical sci- to H.R. 915, the ‘‘Jamie Zapata Border En- better protected through enhanced information entists, and engineers. Mr. Miles has won an forcement Security Task Force Act,’’ which sharing and greater collaboration between Emmy Award, has been nominated for the amends the Homeland Security Act of 2002 to agencies. Oscar, and was inducted into the Black establish within the Department of Homeland f Filmmaker’s Hall of Fame. Among numerous Security (DHS) the Border Enforcement Secu- other awards garnered both at home and rity Task Force (BEST), which shall establish TED RAINS abroad, he has received the Lifetime Achieve- units to enhance border security by address- ment Award from the Association for Inde- ing and reducing border security threats and HON. ED PERLMUTTER pendent Video and Filmmakers, AIVF in ac- violence. OF COLORADO knowledgment of his outstanding contribution More specifically, this Border Enforcement IN THE HOUSE OF REPRESENTATIVES to the history of African American in the me- Security Task Force will achieve its goal of dium of film. I ask you and my colleagues to border security enhancement by (1) facilitating Thursday, November 29, 2012 join me in a very special congressional salute collaboration among federal, state, local, tribal, Mr. PERLMUTTER. Mr. Speaker, I rise to Harlem’s Historian and Black Filmmaker and foreign law enforcement agencies to exe- today to recognize and applaud Ted Rains for William ‘‘Bill’’ Miles, a titan of a man who has cute coordinated activities in furtherance of his service to our community and receiving the documented the history and contributions of border security and homeland security; and (2) 2012 Mayor of Golden’s Award for Excellence. African Americans and the Black American enhancing information-sharing, including the Ted exemplifies a commitment to the com- Experience with film, a camera and a lens. dissemination of homeland security informa- munity through innovation that is unprece- f tion among such agencies. dented. As captain of the Golden Optimists Bi- As the Representative for the 18th Congres- cycle Recycle Program, Ted repaired and dis- HONORING LOGAN’S CONSTRUC- sional District of Texas, I am deeply contributed thousands of free bicycles to the resi- TION COMPANY FOR ITS COM- cerned about spill-over violence along the bor- dents of Golden and the metro area, as well MITMENT AND SERVICE TO THE der between my state and Mexico. The recent as students of the Colorado School of Mines. COMMUNITY increase in drug trafficking-related violence in However, Ted did not stop with his mission Mexican cities, such as Jua´rez and Nuevo La- in Golden. He has also rebuilt and donated HON. BENNIE G. THOMPSON redo, is cause for concern, particularly in the bikes to Native American reservations and citi- OF MISSISSIPPI neighboring U.S. cities of El Paso and Laredo, zens of Mexico, Haiti, and Tanzania. Ted and IN THE HOUSE OF REPRESENTATIVES TX. Golden Optimists Bicycle Recycle Program Thursday, November 29, 2012 In fact, in 2010, the Department of Home- have repaired and given a total number of Mr. THOMPSON of Mississippi. Mr. Speak- land Security (DHS) issued a safety alert to over 9,000 bicycles around the globe and in er, I rise today to honor a leader and innovator law enforcement officers in the El Paso area Golden. Ted truly epitomizes the selfless na- of the community, Mr. Melvin Logan, owner of warning that drug trafficking organizations and ture of an outstanding community member and Logan’s Construction Company in Sharkey associated gangs may target U.S. law en- servant. County, Mississippi. Logan Construction Com- forcement. Mr. Rains is a champion in the community pany has been a thriving force in the commu- The BEST program is currently administered and I am honored to congratulate him on re- nity for more than thirty years. by DHS, and involves information sharing and ceiving the 2012 Mayor of Golden’s Award for Mr. Logan was born and raised in Rolling law-enforcement operations between per- Excellence. I am sure he will exhibit the same Fork, Mississippi to the late James and Thel- sonnel from federal, state, local, tribal, and for- dedication and commitment in all his future ma Logan. At an early age, Logan developed eign law-enforcement agencies to combat endeavors. a passion for building things and working with criminal activity near the United States bor- f his hands. After graduating from Alcorn State ders. University and spending years perfecting his There are currently 34 BEST units. CONSTITUENTS FOR CASA craft with a local contractor, Logan’s dream Since inception in June of 2005, these DHS- became reality. led task forces made 10,024 criminal arrests; HON. TED POE In 1976, at the age of twenty-six, Melvin 6,541 administrative arrests; 5,802 indict- OF TEXAS opened Logan’s Construction Company. Ini- ments; and 4,999 convictions. IN THE HOUSE OF REPRESENTATIVES They seized over 88,500 pounds of cocaine; tially the primary focus of Logan Construction Thursday, November 29, 2012 was renovation of properties until 1978 when 870,748 pounds of marijuana; 4,669 pounds of Mr. Logan expanded his craft after being ap- methamphetamine; 4,383 pounds of ecstasy; Mr. POE of Texas. Mr. Speaker, today I am proached to build a house. After successfully 1,404 pounds of heroin; 3,866 vehicles; proud to recognize the achievements of three tackling this challenge, Logan’s Construction 14,243 weapons; 2,920,155 rounds of ammu- constituents of Texas’s 2nd congressional dis- Company secured a surplus of contracts, be- nition; and in excess of $111.8 million in U.S. trict: Rose DeRouen, Judge Randy Shelton, coming the number one builder of new homes currency and monetary instruments. and Eleanor Johnson for their work with the and remodeling in the Sharkey County area. Additionally, BEST units have initiated ap- organization CASA as Court Appointed Spe- Logan’s attention to detail and quality work- proximately 8,490 investigations. cial Advocates. These distinguished citizens manship has garnered him the reputation of Jamie Zapata was a Homeland Security In- received high honors for their volunteer advo- being the community expert of helping cus- vestigations Special Agent from Brownsville, cacy work for abused and neglected children. tomers with their desired projects from con- Texas who was killed in the line of duty on With a mission to place every child in a ception to completion. February 15, 2011 while serving on assign- safe, loving, and permanent home, CASA re- Mr. Speaker, I ask my colleagues to join me ment in Mexico for United States Immigration lies on the work of volunteer advocates for the in recognizing Logan’s Construction Company and Customs Enforcement. interests of children overlooked by society. In

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.011 E29NOPT1 jbell on DSK7SPTVN1PROD with E1840 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 order to ensure that every child is properly Palace Cathedral’s 45th anniversary and 45 allow the loss of a physical space to destroy taken care in the eyes of both the law and the years of ministry’s services to the community. the bonds that they share with each other. community, these volunteers provide judges The United Palace Cathedral has been an The congregation serves as a beautiful por- with detailed information of a child’s home life important institution of the Northern Manhattan trayal of the positive outcome produced by and legal situation to help judges better under- community with an esteemed reputation of de- uniting in the face of adversity. stand each and every child’s unique story. votion to our families and youth. The con- I ask my colleagues and our Nation to join Among the many volunteers that help make gregation has opened its doors, providing me in this special Congressional Recognition CASA possible, three Texans have gone service and hope, to the poor, middle class of the United Palace Cathedral as they cele- above and beyond what is expected, and they and immigrant communities. The church has brate the 45th anniversary and 45 years of have been recognized for their extraordinary united the community and provided a wel- spiritual service and strength in the face of Ad- efforts. Rose DeRouen earned the Volunteer coming place to practice the Christian faith. versity. of the Year award for her selfless and exten- United Church, under the leadership of our f pastoral beloved founder REVEREND IKE, is sive services for children. Judge Randy KATHLEEN CALLENDER Shelton was recognized for his honorable a place of worship for thousands of people of services with the Big Voices for Little Texans various races, faiths, and social strata. It is Judge of the Year award, and Eleanor John- also a classic, architecturally grand, inter- HON. ED PERLMUTTER OF COLORADO son was the first ever recipient of the Joseph national, inter-cultural Center for the Arts. The square block United Building Complex, IN THE HOUSE OF REPRESENTATIVES Gagen Leadership Award. containing the Palace Auditorium, was pur- CASA and their advocates have done right Thursday, November 29, 2012 chased by the United Christian Evangelistic by their community, and, most importantly, Mr. PERLMUTTER. Mr. Speaker, I rise Association in 1969, under the direction of Dr. right by children in need. Their efforts have today to recognize and applaud Kathleen Frederick Eikerenkoetter (‘‘Rev. Ike’’), Founder been an exemplary manifestation of American Callender and Heather Callender-Potters for and Pastor of the United Church. It fronts on values in local communities, and Texas’s 2nd their service to our community and receiving four streets, occupying a full block on Broad- congressional district is blessed to benefit the 2012 Mayor of Golden’s Award for Excel- way, 175th Street, and Wadsworth Avenue. from the work of these outstanding Americans. The building was the last of the ‘‘Wonder lence. Kathleen, founder of PharmaJet, and Heath- And that’s just the way it is. Theatres’’ erected between 1925 and 1930. er, chairman of the board of directors, trans- f These ‘‘Wonder Theatres’’ were so named be- formed the way vaccines and liquid medica- cause of their extravagant design and were IN RECOGNITION OF THE OUT- tions are delivered by developing and mar- placed in strategic areas of Manhattan. In- STANDING WORK OF OUTLOOK keting a unique, efficient, affordable and life- tended as a stage theatre, it opened February NEBRASKA, INC. saving needle-free syringe. These devices can 15th, 1930, and housed vaudeville shows for deliver half a milliliter fixed dose of a liquid uptown residents. With the decline of vaude- medication into the muscle where many vac- HON. LEE TERRY ville and the growing popularity of moving pic- cines are delivered, or into the subcutaneous OF NEBRASKA tures, the theatre was quickly converted to a layer between the skin and the muscle. IN THE HOUSE OF REPRESENTATIVES deluxe movie house and renamed Loew’s PharmaJet continues to serve communities 175th Street Theatre. The Church provides an Thursday, November 29, 2012 around the world by creating a safer work- impressive roster of youth programs ranging Mr. TERRY. Mr. Speaker, today, I rise to place with less exposure to needle stick inju- from tutoring classes for elementary to high recognize—Outlook Nebraska, Incorporated— ries and reducing the amount of hazardous school students to the Collegiate Society for an organization that I’ve had the pleasure of sharp medical waste in a way to better control the elder students. These programs have be- the spread of bloodborne HIV and hepatitis visiting and seeing firsthand the positive im- come vital in the fostering of young talent. pact they have in the lives of so many. This from needle reuse. United Palace has joined in a concerted com- PharmaJet’s mission is to serve individual organization is part of the AbilityOne Program, munity effort to keep our children off the which enables more than 50,000 Americans patients in the community and promote public streets by providing simulative, spiritual and health in all areas of the world. Their partner- and 3,300 wounded warriors nationwide, who cultural alternatives. The United Palace Cathe- are blinded or severely disabled, to work and ship with UNICEF eliminates many of the risks dral demonstrates the power and fortitude of of unsafe injections, along with the 1.3 million provide products and services to federal and our community. Their congregation serves as commercial customers. deaths per year. a positive outcome produced by uniting in the Ms. Callender and Ms. Callender-Potters Today in America, seventy percent of blind face of adversity. and visually impaired working-aged adults are are champions in the community and through- The United Palace Cathedral believes and out the globe. I am honored to congratulate not employed. Opportunities provided by Out- affirms: The Omnipresence of God—God is look Nebraska and the AbilityOne Program them on receiving the 2012 Mayor of Golden’s absolute good, everywhere present—The Di- Award for Excellence. I am sure they will ex- have played an important role in bringing peo- vinity of Humankind—The Power and Value of ple with disabilities into the workforce. As one hibit the same dedication and commitment in Thought—Practicing the Presence—The Law all their future endeavors. of Outlook’s employees said to me, ‘‘They of Demonstration. Knowing the Ancient Wis- looked at me for my abilities—not my dis- dom Principles, Universal Law and the laws of f ability.’’ life, also called Truth, is not enough, we must HONORING GRIFFIN AUTO REPAIR The AbilityOne Program affords Americans also live and practice the Truth we know. ‘‘But SHOP who are blind or disabled the opportunity to seek ye first the kingdom of God, and God’s acquire job skills and training, receive good righteousness; and all these things will be HON. BENNIE G. THOMPSON wages and benefits, and gain greater inde- added unto you.’’ (Matthew 6:33) OF MISSISSIPPI pendence and a better quality of life. I applaud As a Spiritual and Multicultural Community, IN THE HOUSE OF REPRESENTATIVES Outlook Nebraska and the work it does each we: Believe that spiritual power lives within us, day to open doors of opportunity for Ameri- eager to be discovered and expressed; Em- Thursday, November 29, 2012 cans who are blind or disabled. phasize universal spiritual principles and wel- Mr. THOMPSON of Mississippi. Mr. Speak- f come people of all races, religion, social back- er, I rise today to honor a remarkable minority grounds, lifestyles and economic levels; View business, Griffin Auto Repair Shop, owned by IN RECOGNITION OF THE 45TH AN- religion as an open-ended search for Truth Mr. Jerry Griffin. Throughout the years, Mr. NIVERSARY OF THE UNITED rather than as a closed system of pre-estab- Griffin has shown what can be done through PALACE CATHEDRAL lished beliefs; Embrace Jesus Christ as the hard work, setting goals, and aiming high. perfect expression of our own indwelling spir- Griffin Auto Repair Shop was sparked out of HON. CHARLES B. RANGEL itual potential, and his teachings as a guide to a need to survive. The owner, 51 year old OF NEW YORK our own spiritual empowerment; Recognize Jerry Griffin, worked on a farm in Louise, Mis- IN THE HOUSE OF REPRESENTATIVES and embrace the importance of spiritual com- sissippi for nine years. He was promised a munity in supporting and empowering our per- raise but his employer refused to honor that Thursday, November 29, 2012 sonal journey. promise. At that point, Griffin asked that some- Mr. RANGEL. Mr. Speaker, I rise today to This parish has demonstrated the power one take him home, and he vowed to never honor, recognize, and celebrate the United and fortitude of community. They refused to to-return to that line of work again.

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.014 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1841 Mr. Griffin had held steadfast to the dream the mission of protecting the United States; (3) cluding Ventura County District Attorneys Greg of owning his own business since he was a the extent to which management of key home- Totten and Mike Bradbury and Sheriffs Al teenager. After leaving the job because of a land security missions is centralized under Jalaty, John Gillespie, Larry Carpenter, and failed promise for a raise, he found himself un- DHS; (4) options to reduce or eliminate harm- Bob Brooks. employed and married with two children. It ful waste and duplication of effort in DHS; and Al Jalaty was Sheriff when I was first elect- was at this point he began to give his dream (5) measures to evaluate DHS’s progress in ed to the Simi Valley City Council. He set the serious thought—an auto repair business. He reducing and eliminating waste and duplication standard for those to come after him, demand- was not exactly sure how to start or where to from its management structure and capabili- ing compassion and common sense from begin. Mr. Griffin said he was led by God to ties. those under his command. John Gillespie go to the bank and ask for a loan. Once there, As the Ranking Member of Homeland Secu- began the technological modernization of the he was informed that chances of him getting rity Subcommittee on Transportation, I am fa- department. Larry Carpenter helped lead the a loan were almost impossible since he was miliar with the challenges facing the Depart- charge to change the California Constitution to no longer employed nor did he have any kind ment of Homeland Security (DHS) as the var- ensure that the first function of government is of collateral. However, Mr. Griffin said the loan ious agencies within the Department work to to protect the public, and in passing a county officer decided to ‘‘give him a chance’’ and ensure the safety of all Americans. Like most ordinance to ensure proper funding. Bob grant him a loan for $17,000 because he other agencies, DHS and the agencies within Brooks continued to modernize the depart- ‘‘looked like an honest man that would keep it are facing budget cuts amidst the rising cost ment, particularly after 9/11, and instituted Six his word’’. In 1998, Griffin obtained a small lot of ever present threats. Points of Honor that established the founda- and built a building which would serve as his I want to recognize the outstanding work tion for the department’s core values. shop. He did not have any tools, so he began and progress that this body, in cooperation I worked closely with each and every one of purchasing tools a few at a time. with the United States Senate and the execu- these distinguished lawmen to ensure they Mr. Griffin relied on what he learned from tive branch, has made in learning from the had support from the federal government to books and what his grandfather taught him events of 9/11. Together, we have taken steps provide the tools and training necessary to about working on cars. His first big job was toward the implementation of policies that keep Ventura County safe. But it was their the repair of an engine in which he earned have made our nation more secure from ter- dedication, service, and vision that has kept $600.00. As time went on, he gained more rorism, including the creation of the Depart- Ventura County ranked among the safest customers, and was able to buy more tools ment of Homeland Security in 2002. counties in the nation. than he could imagine, which lead him to be With over 200,000 employees and encom- In addition to their role in prosecuting crimi- an established self taught mechanic. passing numerous agencies and various other nals, District Attorneys Mike Bradbury and After his business grew, he decided to go to components, DHS is the 3rd largest cabinet Greg Totten are responsible for legislation I in- the bank to apply for a second loan in order level department. troduced that became federal law. Mike to purchase a tow truck. This time, using his There were certain flaws in our security ap- Bradbury was presented with a problem of mother’s land as collateral, he obtained an paratus that failed us on 9/11 which include prosecuting the makers of videos showing the $8,000 loan. He purchased a used tow truck the lack of information-sharing between agen- killing of small onimals. Because of jurisdic- for $6,000 from a dealership in Greenwood, cies charged with determining who should and tional issues, it was hard to prove a crime on Mississippi and used the remaining $2,000 to should not be permitted to enter our borders, a local leveL I introduced a bill making the make necessary repairs to the truck. He was as well as friction and difficulties that resulted interstate distribution of such videos a federal now an auto shop owner with his own tow from some of the overlapping responsibilities crime. It sailed through the House and Senate service. of those agencies. and was signed by the President in December Now, fourteen years later, Griffin Auto Re- DHS was created to resolve some of those of 1999. Prior to it becoming law, about 3,000 pair Shop is still a thriving business. Griffin difficulties, and although it has made great different videos were sold over the Internet. credits the success and longevity of his busi- strides, more work remains to be done. The next day, virtually none were available. ness to it being ‘‘built and ran on faith’’ from The advisory panel created by the H.R. Because of a 2004 law, DNA matches in its beginning to now. ‘‘I kept my word and pro- 5913 will be instrumental in assisting Con- cold cases skyrocketed, creating a huge back- vided fair prices and that kept me with good gress and the Department of Homeland Secu- log for prosecutors Greg Totten and I dis- customers from all around and they’ve been rity in achieving missions vital to America cussed the problem and I introduced a bill to good customers for many years, said Griffin.’’ while trimming waste and improving its effi- provide federal grants to local prosecutors to Mr. Speaker, I ask my colleagues to join me ciency and efficacy. help prosecute DNA cold cases. My bill was It is essential that this Congress work in tan- in recognizing Griffin Auto Repair Shop for its included in the Children’s Safety Act of 2005 dem with the Department of Homeland Secu- dedication and passion for serving its cus- and signed into law the following year. Greg rity to ensure that the nation is protected from tomers. Totten not only tirelessly championed funding threats to our homeland. Because it will help the grants, he also worked diligently to make f to facilitate this important process, I urge my the program a success. Consequently, mur- colleagues to support H.R. 5913, the ‘‘DHS DHS ACCOUNTABILITY ACT OF 2012 derers have paid for their crimes. Accountability Act of 2012.’’ Mr. Speaker, public safety is the number SPEECH OF f one responsibility of government. I have been HON. SHEILA JACKSON LEE IN TRIBUTE TO VENTURA honored to know and work with dedicated law OF TEXAS COUNTY’S LAW ENFORCEMENT enforcement professionals who I believe are IN THE HOUSE OF REPRESENTATIVES among the best in the nation. I am honored Tuesday, November 27, 2012 HON. ELTON GALLEGLY not only to call each of them District Attorney and Sheriff, but friend. I know my colleagues Ms. JACKSON LEE of Texas. Mr. Speaker, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES join me in paying tribute to Ventura County I rise today in support of H.R. 5913, the ‘‘DHS District Attorneys Greg Totten and Mike Accountability Act of 2012,’’ which establishes Thursday, November 29, 2012 Bradbury and Sheriffs Al Jalaty, John Gil- an independent advisory panel in the legisla- Mr. GALLEGLY. Mr. Speaker, I rise in trib- lespie, Larry Carpenter, and Bob Brooks, and tive branch to: (1) comprehensively assess the ute to the dedicated and professional mem- all those in law enforcement who make our management structure and capabilities related bers of the law enforcement community with communities safe. to the Department of Homeland Security whom I have had the privilege to serve during f (DHS), and (2) make recommendations to im- my more than 30 years of public service. prove the efficiency and effectiveness of DHS It’s impossible to name them all. When I DAN DWYER management. was mayor of Simi Valley, California, I rode Moreover, the advisory panel is tasked with with patrol officers to see first-band the chal- HON. ED PERLMUTTER directing the panel to examine: (1) the effi- lenges our men and women in uniform face on OF COLORADO ciency and effectiveness of the management a daily basis. Those on the front lines of public IN THE HOUSE OF REPRESENTATIVES structure and capabilities (2) the extent to safety deserve our enduring thanks and re- which unnecessary duplication exists in such spect. Thursday, November 29, 2012 management structure and capabilities and But over the years, I have established part- Mr. PERLMUTTER. Mr. Speaker, I rise how any such duplication negatively affects nerships with certain extraordinary people, in- today to recognize and applaud Dan Dwyer for

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.017 E29NOPT1 jbell on DSK7SPTVN1PROD with E1842 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 his service to our community and receiving the Clark Jones and Herman Lee Jones. Pat’s Many long mornings, afternoons and evenings 2012 Mayor of Golden’s Award for Excellence. family affectionately called her Trisha. Young shepherding through the complex personalities Dan, an avid cyclist, made exceptional Trisha was baptized by the late civil rights and agendas was no easy task by any means, achievements in improving the health, fitness, Preacher, Reverend Timothy P. Mitchell at the but somehow Pat was able to move the and community spirit of Golden residents. He historic Ebenezer Baptist Church in Flushing, WHLDC above and beyond those personal- was a pivotal member of the community in or- Queens. Trisha graduated from Flushing High ities and agendas, which led to one of the ganizing the Foothills Running and Biking School, where she was a member of the most significant Community Benefits Agree- Club, participating in the bikeability task force, Arista Club, a student organization dedicated ments ever achieved in the City of New York serving on the board of Leadership Golden, to educational excellence. She matriculated to and in the nation that will positively enhance and working to make the Golden stage of the Michigan State University in East Lansing, and improve the quality of health, environ- USA Pro Cycling Challenge. Michigan majoring in Mathematics. Pat grad- ment, education and affordable living for all Dan was one of the organizing committee’s uated from Michigan State in 1975 with a the residents of Community Board 9, West co-chairs responsible for the staging of the Bachelor of Arts degree in Business Adminis- Harlem and beyond. USA Pro Cycling Challenge in Golden. This tration. The origin and purpose of the West Harlem was the second year the community enjoyed Pat was recruited by Price Waterhouse Development Corporation are connected with 135 of the world’s best riders as they raced Coopers where she worked as an audit man- the 25-year expansion project of Columbia over 518 miles through the beautiful scenery ager for over five years. She moved on to JP- University in the City of New York. This edu- of Golden and much of Colorado. Dan used Morgan & Company where she managed over cational mixed-use complex that began in the race to continually engage sponsors and 100 finance employees and eventually rose to 2009 will eventually span 17 acres and will in- the community in cycling year round. become the first African American woman to clude academic, commercial, cultural, and Above all, Dan exemplifies what it means to serve as a Managing Director. During her ten- community facility space as well as open live healthy through exercise, while enjoying ure, Pat also served as a manager of diver- space. It is bounded by West 125th Street to the south, West 133rd Street to the north, the community and scenery of Golden. sity, establishing mentoring programs for Afri- Mr. Dwyer is a champion in the community can American employees, and establishing a Broadway on the east, and Twelfth Avenue on the west. The integrated teaching and aca- and I am honored to congratulate him on the women’s speaker series featuring powerful demic research campus would create 6.8 mil- 2012 Mayor of Golden’s Award for Excellence. professional women, including former U.S. lion gross square feet in 16 buildings at a pro- I am sure he will exhibit the same dedication Senator, First Lady and current United States Secretary of State, the Honorable Hillary jected cost of $6.28 billion. and commitment in all his future endeavors. A consequence of this expansion project is Rodham Clinton, and former National Security f the Community Benefits Agreement (CBA) Advisor and United States Secretary of State, which is a legally enforceable document be- CELEBRATING THE LIFE OF WEST the Honorable Condoleezza Rice. Managing tween a real estate developer and a commu- HARLEM’S BELOVED ADVOCATE Director Jones retired from JP-Morgan after 17 nity that binds the developer to provide PATRICIA ARLENE JONES years of service. Pat was also a Certified Pub- agreed-upon benefits. The West Harlem Com- lic Accountant and played key leadership roles munity Benefits Agreement Between the West HON. CHARLES B. RANGEL in organizations such as American Women for Harlem Local Development Corporation and OF NEW YORK Economic Development and the American In- the Trustees of Columbia University in the City IN THE HOUSE OF REPRESENTATIVES stitute of CPAs. Highly respected for her of New York was signed on May 18, 2009, ini- Thursday, November 29, 2012 achievements in business, Pat was mentioned tiating phase one of the Columbia University’s in the 1981 edition of Outstanding Young Mr. RANGEL. Mr. Speaker, I rise to cele- Manhattanville Expansion project. Women of America. In 2005, Community Board 9 of New York brate the life of West Harlem’s beloved busi- Pat, an accomplished businesswoman and City voted to approve the creation of the local nesswoman, managing director, visionary, retired Managing Director, volunteered and development corporation to engage in negotia- community resident and advocate Patricia joined Manhattan Community Board 9 in 2001 tions with Columbia University on behalf of the Jones, who unexpectedly passed away on Fri- to advocate and serve on behalf of the West community of West Harlem. It was initially in- day, November 16, 2012. On Tuesday, No- Harlem community, where she owned her corporated on March 16, 2006 as the D9 vember 27, friends, residents and community home and which she loved so much. Pat’s Local Development Corporation, a nonprofit leaders gathered at Convent Avenue Baptist dedication, professional skill and wit led her to New York State entity. Subsequently, an Church to reflect and celebrate the life of our be elected 2nd Vice Chair of the Board, serv- amendment was filed to change the name to beloved Pat Jones, who was a faithful and ing 3 terms from 2004 to 2007. In 2008, Pat West Harlem Local Development Corporation dedicated public servant to residents, non- was elected Chair and served for two con- (WHLDC). profits and businesses throughout West Har- secutive terms, from 2008 to 2010, receiving Through Pat’s effective and determined lem and the City of New York. the admiration and support of her fellow board leadership, and with the support of our elected It is with great sorrow that my wife Alma members. Pat concurrently co-chaired the body of public officials, the WHLDC was able and I joined members of the West Harlem Manhattanville Rezoning Task Force, as well to negotiate a total of $300 million in CBA Local Development Corporation, Community as Chair of the 197–A Planning Committee. I benefits for housing, employment and eco- Planning Board 9, elected officials rep- am also proud to say that Pat Jones was ap- nomic development, education, environment, resenting the New York State Legislature and pointed to the Board of Directors of the Upper transportation, arts and culture, community fa- the New York City Council in mourning the un- Manhattan Empowerment Zone, which is one cilities and historic preservation, which in- foreseen death of our beloved Pat Jones who of nine federal zones established by President cluded $150 million from the City of New York left an unforgettable and indelible mark in all William Jefferson Clinton, by legislation I au- to preserve affordable housing. of our political and community hearts and thored and sponsored in the House of Rep- It also included $150 million from Columbia minds. We are truly thankful for her decades resentatives. University, which included the creation of a of service to our community, and for the many More significantly, history will remember Pat $20 million Affordable Housing Fund; up to $4 memories that I will personally cherish forever. Jones as the co-author and chief navigator of million in related legal services; a $30 million Great women like our beloved Pat Jones the historic Community Benefits Agreement commitment for a planned Demonstration are precious gifts we temporarily have in this between Columbia University and the City of Community K–8 Public School to be estab- world, but their assistance, contributions and New York on behalf of West Harlem and Com- lished in conjunction with Teachers College; accomplishments are far remembered and ev- munity Planning Board 9. After successfully $76 million in Columbia University’s financial erlasting. Pat was a dear friend and was negotiating the 197–A Plan for Community contributions to a benefits fund that will be known to many of us as a brilliant hardworking Board 9 through the New York City Planning paid out in installments over sixteen years, community leader who dedicated her life work Commission approval process, Pat Jones was which allows the WHLDC to determine the to fighting for and expanding historic and land- elected to fill one of the Community Board programmatic uses of these funds; $20 million mark preservation, positive community, public seats on the West Harlem Local Development worth of access to Columbia University serv- safety, health care, environmental justice and Corporation. ices and facilities to be apportioned over twen- education. Pat took on the leadership role as Chair of ty-five years (‘‘In-Kind contributions’’); and a Patricia Arlene Jones was born on July 17, the West Harlem Local Development Corpora- commitment from Columbia University to pro- 1953 in Flushing, Queens, New York. She tion (WHLDC) at a very difficult and conten- vide ‘‘Advice and Guidance’’ to the WHLDC on was the youngest of four children of Darline tious time during the negotiating process. a range of issues and programs.

VerDate Mar 15 2010 04:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K29NO8.013 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1843 During Pat’s amazing community career she Early Wright of WROX in Clarksdale, Mis- tory Operational Control Reporting and Per- served as Chair of the Board of Trustees for sissippi, the first African-American Radio Per- formance Measures Act of 2012,’’ which pro- the Children’s Arts Carnival, Treasurer of the sonalities in the South and on WQMA with vides for annual reports to Congress from the Hamilton Heights-West Harlem Community James Figgs and James Wilson. The expo- Secretary of Homeland Security on the status Preservation Organization, Member of the sure truly benefited this young and talented of operational control of the international land Board of the Harlem Venture Group, Treasurer group of singers. They soon had their own and maritime borders of the United States, as of the Hamilton Heights Homeowners Associa- radio programs on both WROX and WQMA. well as, unlawful entries through those bor- tion (HHHA) and Chair of HHHA’s Annual The group was featured regularly on Early ders. House and Garden Tour Committee. Wright’s Gospel Extravaganzas. Major record- As a Ranking Member of Homeland Secu- Let me share with you a poem Patricia ing artists touring the Delta and the Mid South rity Committee Transportation Subcommittee, I Jones authored in the 4th Grade, entitled I am sought them out as an opening act, including recognize the essential role that the Com- Thankful. ‘‘I am thankful for many things. One the Mighty Cloud of Joy, Staple Singers, Pil- mittee and this Congress play in securing our is that I have a nice home and wonderful par- grim Jubilee, Swam Silvertones, Dixie Hum- borders from terrorism, drug trafficking, and il- ents in them. Some children overseas don’t mingbirds, and the list goes on. legal immigration. This goal involves the sub- have homes as we do, and some do not even In the early 1960s, the Delta Big Four was stantial efforts of federal, state, and local law have parents. I am thankful for the schools we one of the first local Quartet gospel groups to enforcement, as well as Congressional cre- have in New York because some children in introduce musical instruments to their perform- ation of effective border policy. I recognize other countries don’t have schools and need ances. They recruited a young but talented that this bill seeks to provide additional infor- the education badly. Many people in the high school student, Larry Sims, as guitarist. mation to Congress that will be helpful to that United States are grateful for the world peace Prior to that time, most local artists sang process going forward. we have. In some countries people have to do acappella. Although many churches were not Section 2 of the Secure Fence Act of 2006 what their leaders say to do, and they don’t accustomed to instruments other than pianos, requires the Secretary of Homeland Security have the right to do what they want to, and to it turned out to be one of the best decisions to ‘‘take all actions the Secretary determines tell their feelings. I am very grateful for all the they would ever make. Very soon, groups necessary and appropriate to achieve and things that I have, and I hope that many peo- from all over were following their lead. Larry maintain operational control over the entire ple all over the world have the things that I trained Ollie and James Lee to play the lead international land and maritime border of the have.’’ and bass guitars, respectively, before leaving United States.’’ The section defines oper- Mr. Speaker, Pat Jones was a strong black the group. ational control to mean ‘‘the prevention of all woman, who understood the true meaning of They got the attention of Oris May, a Mem- unlawful entries into the United States, includ- commitment, sacrifice, hard work and effort. phis television personality that hosted a gospel ing entries by terrorists, other unlawful aliens, She now takes her place alongside our other singing show on WMC–TV Channel 5 and a instruments of terrorism, narcotics, and other Freedom Sisters of extraordinary women who, producer for Peacock Records. In 1967, the contraband.’’ group recorded its first record, ‘‘Story of the while less prominent in the media, shaped As the Representative for the 18th Congres- Blind Man.’’ Later came ‘‘Lord, Guide Me’’; much of the spirit and substance of civil rights, sional District in Houston, Texas, border secu- ‘‘Lord Why I’m Traveling’’; ‘‘Me and the Devil social and economic justice in America, just as rity and integrity are of paramount importance Had a Wrestle, But I Won’’; ‘‘Standing on a our beloved Pat Jones, whose important his- to both me and my constituents. The Port of Solid Rock’’; and ‘‘Lord If I am Too High, Bring toric contribution to the West Harlem commu- Houston is a 25-mile-long complex of public Me Down’’. and private facilities located just a few hours’ nity will surely be missed. I ask you and my Other family members were added through- sailing time from the Gulf of Mexico. Its serv- colleagues to join me in this very special con- out the years: Ruthie Ann, Ollie, Jr. and An- ices link Houston with 1,053 ports in 203 gressional salute to West Harlem Advocate, drew, the sons of Ollie, Sr. and Melissa re- countries. Patricia Arlene Jones. placed Ollie, Sr. and James Lee on the gui- f The port is ranked first in the United States tars. The group decided to add James Edward in foreign waterborne commerce, second in HONORING THE DELTA BIG FOUR because his voice and style fit most of the total tonnage, and sixth in the world. It gen- songs Rosie wrote. This also proved to be a erates about $11 billion annually and provides HON. BENNIE G. THOMPSON wise move for the group. Ollie, Jr. soon there- over 287,000 direct and indirect jobs in Texas. after entered the ministry and left the group. OF MISSISSIPPI As the port plays such a large role in the US Fortunately for the group, James Edward was IN THE HOUSE OF REPRESENTATIVES economy it is crucial that we maintain its in- an accomplished guitarist. The group added tegrity and security. Thursday, November 29, 2012 another musician, Quincy Twilley on drums. H.R. 6025 is designed to gauge the per- Mr. THOMPSON of Mississippi. Mr. Speak- Every member sang lead and chorus, the mix formance of the Department in achieving oper- er, I rise to honor an extraordinary gospel they were seeking, the catalog of songs and ational control, so that Congress may provide group, The Delta Big Four of Lambert, Mis- the personnel to meet the demand of the additional legislation, tools, and resources as sissippi. A group that believes in praising God group. The group has spent more than fifty necessary. in song. years performing traditional quartet gospel More specifically, this bill will provide for an- The members of the Delta Big Four were music. Today, most of their time is spent in nual reports on (1) the number of miles of the nurtured in a Christian home and taught the the choir at Sykes Chapel Missionary Baptist international land and maritime border be- word of God. Their parents, the late Willie, Sr. Church and working with the next generation tween the United States and Canada and the and Daisy Nobel McCray, had sixteen children of the Delta Big Four, led by Tiffany Griffin United States and Mexico that are under oper- and family time and music were important in and Larry Strickland, Jr., who are the great ational DHS control, cumulatively and by sec- the home. Most evenings the family composed grandchildren of the original members. tor; and (2) the estimated number of individ- and sang spiritual songs. The family used the Mr. Speaker, I ask my colleagues to join me uals who unlawfully enter the United States old washboard for music. in recognizing the Delta Big Four as an inspi- annually, the estimated number of individuals In the 1950s, the group was called the Delta rational gospel group. unlawfully present in the United States as of Big Four because the group originally began f the date of each such report, and the number with four members: Ollie, Sr. and Melissa, MANDATORY OPERATIONAL CON- of individuals unlawfully present in the United James Lee, and Alberta. Although other mem- TROL REPORTING AND PER- States who voluntarily exited the United States bers were added, the name remained. Rosie FORMANCE MEASURES ACT OF in the preceding year. joined the group as one of the leads; she also 2012 Border security and immigration enforce- could write and arrange. Because of her ability ment are enormous tasks requiring extensive to write songs to fit the group, the group de- SPEECH OF resources. The Federal Government aims to, veloped a uniqueness of their own. HON. SHEILA JACKSON LEE and must, work with State and local authorities At the ages of four and five, the original to share the responsibilities and the common OF TEXAS members travelled to various churches, towns, goal of a safe and secure America. IN THE HOUSE OF REPRESENTATIVES and states praising God. Years later, they Despite the many examples of successful were blessed to appear on the radio stations Tuesday, November 27, 2012 initiative and cooperative efforts, there are with the likes of Theo ‘‘Bless My Bones’’ Ms. JACKSON LEE of Texas. Mr. Speaker, plenty of legitimate concerns that must be Wade of WDIA in Memphis, Tennessee and I rise today to debate H.R. 6025, the ‘‘Manda- taken into account when discussing the best

VerDate Mar 15 2010 04:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.020 E29NOPT1 jbell on DSK7SPTVN1PROD with E1844 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 way to ensure that America’s borders are se- and yell ‘‘Heil Hitler.’’ Any civilian who did not IN CELEBRATION OF THE HARLEM cure. Significant improvements in technology address authority or Hitler in this way was ei- ARTS ALLIANCE ADVOCACY and infrastructure have been made to the ef- ther beaten or killed. Those who survive must WEEK 2012 ‘‘HARLEM AT THE forts the Federal Government is making to im- wear yellow arm bands bearing the Star of CROSSROADS: SUSTAINING OUR prove border security and immigration enforce- David to separate the Jews from the rest of ARTS AND CULTURAL RE- ment. Reports like the one proposed today are the population. SOURCES’’ important to achieving our long term goals. Eric’s father owned a jewelry store. Before f long, the store was taken from him, forcing his HON. CHARLES B. RANGEL OF NEW YORK FAYE GRIFFIN parents to make the biggest decision of their IN THE HOUSE OF REPRESENTATIVES lives. Should they stay, not knowing what lay HON. ED PERLMUTTER ahead? Or, should they sacrifice virtually ev- Thursday, November 29, 2012 OF COLORADO erything they’ve ever known and flee for the Mr. RANGEL. Mr. Speaker, today I rise to IN THE HOUSE OF REPRESENTATIVES freedom of America? They stayed hidden until recognize the Harlem Arts Alliance, Inc. as they escaped Austria on November 9, 1938. they celebrated their Sixth Annual Arts Advo- Thursday, November 29, 2012 As it turns out, history will remember this night cacy Week 2012 at The City College of New Mr. PERLMUTTER. Mr. Speaker, I rise as Kristallnacht, the ‘‘Night of Broken Glass.’’ York Aaron Davis Hall, The Schomburg Cen- today to recognize and applaud Faye Griffin The attack against Jews that evening was ter for Research in Black Culture, The Man- for her outstanding service to our community. swift. Many were killed and thousands incar- hattan Neighborhood Network’s El Barrio Fire- Faye has served Jefferson County as cerated in concentration camps. Eric vividly re- house Community Center, The Studio Mu- Treasurer, Clerk and Recorder and was most membered the sound of broken glass and the seum in Harlem, The ImageNation and The recently reelected as County Commissioner smell of burning buildings. On that night they Dwyer Cultural Center. From Monday, October for District 1. left Austria behind. 1 through Sunday, October 7, the Harlem Arts Faye is extensively involved in multiple com- Alliance (HAA) presented a seven day series munity initiatives. Currently, Faye serves on They found themselves on a boat, headed of mostly free events, designed to elevate the the Urban Drainage and Flood Control District for the country of which they had only heard platform for Harlem’s illustrious arts and cul- Board, is a council member for the Head Start and dreamed of to start a new life. It was a tural scene and to renew enthusiasm and sup- Policy Council and Rocky Flats Stewardship treacherous trip. Steerage was cramped and port for its great cultural institutions and art- Council, as well as the E–911 Board and Nox- miserable. Many people become violently ill ists. HAA recognizes the correlation between ious Weed Advisory Board. Faye is on the throughout the trek across the ocean. They a community’s vitality and economic health Boundary Control Commission, the Jefferson were allowed to take one bag each. Few and its vibrant cultural life and is committed to County Economic Development Corporation, valuables, possessions or family treasures fostering the development of Harlem’s artists, the Criminal Justice Strategic Planning Com- survived the voyage. arts institutions and cultural organizations for mittee and the C–470 Corridor Coalition. After the long ocean journey, a large figure the benefit of artists, residents, local busi- Among Faye’s many accomplishments and slowly appeared in the distance: the Statue of nesses and tourists alike. board duties, she was the driving force behind Liberty. It was a sight that Eric would remem- The HARLEM Arts Alliance (HAA) is a not- the Child and Youth Leadership Commission ber forever. for-profit arts service organization committed and pioneered the statute to establish the to nurturing the artistic growth, capacity, and commission. She is currently serving on the As a young man, Eric excelled at baseball development of artists and arts organizations Child and Youth Leadership Commission and football. He met Elaine Heritage (my based primarily in Harlem and the greater Har- board. mother) at Drexel University in 1951. They lem communities. With a membership of over I extend my deepest congratulations to my dated for a few years and later married. It was 750 individual artists and arts organizations, friend Faye Griffin for her well deserved honor a challenge at first with my father being Jew- HAA plays an essential role by helping to build by the West Chamber serving Jefferson Coun- ish and my mother being Methodist, but they the resources, network, and capacity of its ty and thank her for her many contributions to overcame these differences. Due to my fa- richly diverse association. HAA also maintains our community. I have no doubt she will ex- ther’s childhood experiences, his four children strong partnerships with numerous arts organi- hibit the same dedication and character in all were taught that differences in people are to zation and institutions throughout New York her future accomplishments. be embraced, not condemned. It is a wonder- State, the region, and the nation to maintain f ful part of our heritage to have been raised vital collaborative efforts to promote the arts in with both religions and such diversity. communities. TRIBUTE TO ERIC MATZNER This year’s theme ‘‘Harlem at the Cross- Eric was an early salesman for TV Guide, roads: Sustaining Our Arts and Cultural Re- and held jobs in advertising in the 1960s. He HON. KEN CALVERT sources,’’ highlights the need to maintain and was an original ‘‘Mad Man!’’ His creative sell- OF CALIFORNIA preserve some of the city’s most stellar arts ing was legendary, and influenced many IN THE HOUSE OF REPRESENTATIVES organizations, artists, individuals and entities young salespeople who are all successful and to help them to secure and sustain the Thursday, November 29, 2012 today. critical resources needed to continue their mis- Mr. CALVERT. Mr. Speaker, I rise today to As I think about my father’s journey, I be- sions. HAA Chairman Voza Rivers and Execu- honor and pay tribute to a good friend of mine, lieve he was alive because of the foresight of tive Director Michael Unthink have billed this Eric Matzner, of Palm Springs, California, who his parents to escape Austria, a strong will to year’s advocacy week as the Harlem Arts recently passed away. He loved his family, live, modern medicine and the drugs that were Summit. The undertaking involves the collabo- and his country. His story of escaping the available to him. If not for these, I do not be- ration of key Harlem arts institutions, artists Nazis, and then building a successful life in lieve my father would have lived to be 80 and arts leaders creating an exciting array of the U.S. is a wonderful story about America. years old and to have been a warm, loving events showcasing the Uptown arts land- The following was written by his daughter Jill: husband to my mother, Elaine, a father to his scape. It was Austria, 1938. Hitler had terrorized four children, a grandfather to his five grand- On Monday, October 1, the Harlem Arts this country and will have killed over six million children and a great grandfather to my son’s Summit honored three extraordinary cultural people before he is through. My father’s family son. icons who have contributed greatly to African is one that has lost many. Just six of his fam- American Arts and Culture, the Village of Har- ily members ultimately survive. Those wishing No one, not even my father, could imagine lem and our great nation: activist and actor to immigrate to the United States from Austria that he would see the year 2012. Although he Danny Glover, legendary theatrical producer must do so by boat, and only with the vouch- was immobile in his final years, he never com- Vy Higginsen and pioneering arts producer ing of an approved sponsor. plained. He lost most of his short term mem- and consultant Mikki Shepard. My father’s memories as a six year old are ory, but retained most of his long term memo- Danny Lebern Glover was born in San Fran- vivid; memories of the German storm troopers ries. With his ever present smile, we smiled cisco, California, the son of Carrie (ne´e marching down the street in their trademark with him, when on nearly every day he said, Hunley) and James Glover. His parents, postal ‘‘Goosestep’’ fashion. As they stopped, they ‘‘I’m telling you, this might be the best day of workers, were active in the National Associa- would raise their right arm, hand straight out my life.’’ tion for the Advancement of Colored People

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.022 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1845 (NAACP), working to advance equal rights. Vy has won numerous honors for providing Today’s Challenge, Tomorrow’s Promise,’’ Glover’s mother, daughter of a midwife, was excellent products and services to African- introduced by accomplished actress, director, born in Louisville, Georgia and graduated from American audiences. In addition to her suc- producer and Harlem resident, Tamara Tunie Paine College in Augusta, Georgia. Danny cess behind the microphone at several major (Law and Order SVU) and moderated by Glover grew up with a love for sports, like his New York stations, notably WBLS–FM, multimedia journalist, Katti Gray at Aaron father. As a teenager and a young adult, he WWRL–AM and WRKS–FM, she’s also ex- Davis Hall. suffered from epilepsy, but he claims to have celled in publishing. Always the visionary, one In a unified effort to continue building Har- ‘‘developed a way of concentrating so that sei- of her first publications was a 1970s magazine lem’s legacy as a cultural Mecca, Harlem Arts zures wouldn’t happen.’’ Using this technique, providing opportunities for black photog- Summit 2012 is presented by the HARLEM which he describes as ‘‘a type of self-hyp- raphers, graphic designers and media sales- Arts Alliance in collaboration with key Harlem nosis’’, Glover says he has not suffered a sei- people to hone their crafts. Unique NY Maga- organizations including Columbia University, zure since age 34. Danny Lebern Glover is an zine, which she published and edited, was a Greater Harlem Chamber of Commerce, 125th American actor, film director and political activ- lifestyles magazine designed for African-Amer- Street Business Improvement District, Studio ist. He is well known for his roles as Mr. Albert icans and tourists. Another of her successful Museum in Harlem, Aaron Davis Hall/City Col- Johnson in The Color Purple, as Michael Har- publishing ventures was ‘‘This Is My Song: To lege of New York, The Schomburg Center for rigan in Predator 2, as corrupt cop James pass the legacy of gospel music on,’’ an illus- Research in Black Culture, Harlem Business McFee in Witness, as Detective Roger trated book for children. In 1996, Vy Higginsen Alliance, Harlem Stage/The Gatehouse, Carib- Murtaugh in the Lethal Weapon film franchise founded Mama Foundation for the Arts as a bean Cultural Center, Harlem Community De- (where he coined the catchphrase ‘‘I’m too old conduit for her philanthropic work. The non- velopment Corporation, New Heritage Theatre for this shit’’), as Detective David Tapp in profit is dedicated to nurturing talented black Group, MIST Cinemas and Manhattan Neigh- Saw, and as George Knox in Angels in the singers, musicians, and arts administrators. As borhood Network (MNN)—El Barrio Firehouse Outfield. He has also appeared in many other the Foundation’s executive director, she’s the Community Media Center. movies, television shows, and theatrical pro- primary force behind its programs including Major support for the Summit is provided by ductions. He is an active supporter of various the acclaimed, Gospel for Teens. Product the Upper Manhattan Empowerment Zone De- humanitarian and political causes. spokesperson, public relations professional, velopment Corporation, New York City Depart- Danny began his activist career while at- keynote speaker, and ordained Interfaith Min- ment of Cultural Affairs, New York State tending San Francisco State University, as a ister, the list of Vy Higginsen’s credits go on. Council on the Arts and The National Endow- member of the Black Students Union, which, Vy Higginsen was the recipient of the Harlem ment for the Arts. Let me take this opportunity along with the Third World Liberation Front Arts Summit/Harlem Arts Advocacy Week to thank all of our Harlem Arts Advocacy and the American Federation of Teachers, col- 2012 Lifetime Achievement Award. Week community sponsors, supporters and laborated in a five-month student-led strike to Arts Producer and Consultant Mikki Shepard collaborators as we celebrated ‘‘Harlem at the establish a Department of Black Studies. The is the current Executive Producer for the world Crossroads: Sustaining Our Arts and Cultural strike was the longest student walkout in famous Apollo Theater. In this capacity, Mikki Resources’’ during the Sixth Annual Harlem United States history and it helped to estab- is part of the senior executive staff and cre- Arts Advocacy Week 2012. lished not only the first Department of Black ates institutional policies and oversees pro- Mr. Speaker, the Harlem Arts Alliance under Studies, but also the first School of Ethnic gramming, marketing and development. Her the great leadership of Chairman Voza Rivers Studies in the nation. Danny’s long history of past consultant work in the arts focused on or- and Executive Director Michael Unthink has union activism includes support for the United ganizational development, institutional pro- contributed daily to the survival and enhance- Farm Workers, UNITE HERE, and numerous gram development and assessment, strategic ment of Harlem’s beloved cultural artist and service unions across the nation. He chal- planning and implementation. Mikki’s clients arts organizations. During these economically lenged former President George W. Bush, included: The Ford Foundation, Heinz Endow- challenging times for our arts and cultural or- when he was Governor of Texas for leading a ments, Media Democracy Fund, New Jersey ganizations, I ask my colleagues to join me in penitentiary system that executed more people Performing Arts Center, Jacob’s Pillow, Opera supporting the Harlem Arts Alliance as they than any other state, people who were pre- America, Future of Music Coalition, and the continue their advocacy for the arts on behalf dominately African Americans and Hispanics. National Black Arts Festival. of the Village of Harlem and a very grateful His activism continues today as an outspoken Mikki was the Director for the Arts and Hu- nation. critic of the War in Iraq; and as a humanitarian manities at the Rockefeller Foundation and Ar- f for the arts, the Jazz Foundation of America tistic Director/Executive Producer of 651ARTS. and board member of the TransAfrica Forum. As Producer, Mikki Shepard presentations in- RECOGNIZING MIKE BIDDLE, Danny Lebern Glover was the recipient of the cludes 100 Years of Jazz and Blues Festival, PRESIDENT AND FOUNDER OF Harlem Arts Summit/Harlem Arts Advocacy Women In Jazz, Lost Jazz Shrines and an MBA POLYMERS Week 2012 Humanitarian Award. international new works program, Africa Ex- Vy Higginsen’s accomplishments are vast change. She also produced and created for HON. GEORGE MILLER and her impact on the media and culture in the Brooklyn Academy of Music (BAM) over OF CALIFORNIA New York City is immense. This Harlem na- 25 major performing arts events, such as IN THE HOUSE OF REPRESENTATIVES tive, who was born and raised on 126th DanceAfrica, Steps In Time, a Tap Dance Thursday, November 29, 2012 Street, is a noted author, playwright, radio, Festival, DanceBlack America, a festival and and TV personality. Vy has a remarkable rep- PBS special celebrating 300 years of black Mr. GEORGE MILLER of California. Mr. utation as a trailblazer. Her list of pioneering dance in America. Mikki also currently serves Speaker, I rise today and invite my colleagues achievements include first African-American as the Chair of the Boards of the Mertz Gil- to join me in recognizing and congratulating female radio personality in the prime time New more Foundation; and on the Boards of the Mike Biddle, President and Founder of MBA York City market on WBLS; first woman to Brooklyn Community Foundation, Brooklyn Polymers, a plastics recycler, upon being host a morning show on New York radio at Academy of Music (BAM), the Creative Capital awarded the 2012 Gothenburg Award for Sus- WWRL; first woman in advertising sales at Fund and the Association of Performing Arts tainable Development. Ebony magazine; first African-American Presenters. Mikki Shepard was the recipient of In receiving this prestigious award, which is woman to produce a drama on Broadway with the Harlem Arts Summit/Harlem Arts Advo- considered the equivalent of a Nobel Prize for Joe Turner’s Come and Gone by August Wil- cacy Week 2012 Arts Leadership Award. the Environment, Mr. Biddle joins a distin- son; and first African-American female writer, I would also like to congratulate and recog- guished list of past recipients, including UN producer, director of the longest-running, Off- nize Mr. Fred Powell, who was the recipient of Secretary General Kofi Annan, Vice President Broadway musical in the history of American the Harlem Arts Summit/Harlem Arts Advo- Al Gore, and the former Prime Minister of Nor- theatre with Mama, I Want to Sing, which had cacy Week 2012 Business Award. Fred was way and Director General of the World Health an unprecedented 2,200 performances over honored for his contributions and business col- Organization, Gro Harlem Brundtland. eight years from 1983 at Heckscher Theatre in laboration with local arts groups over the The United Nations estimates nearly 85 bil- East Harlem. It was also a national and inter- years. lion pounds of electronics waste is discarded national hit with performances across the The Festivities continued into the evening around the world every year. Yet due to the United States, Japan and Europe, including a with the Harlem Arts Summit 2012’s opening difficulties involved in separating and sorting six-month run in London’s fashionable West reception kick off and panel discussion entitled through the different types of plastics, only a End. ‘‘A Conversation with Harlem Arts leaders: small fraction of these plastics are recycled,

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.024 E29NOPT1 jbell on DSK7SPTVN1PROD with E1846 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 while the rest is tossed in landfills, burned, or colleagues in Congress to help create an envi- a dear friend to many. Mr. Salk passed away shipped to third world countries for environ- ronment in which Mr. Biddle’s successes can on November 10, 2012, at the age of 93, and mentally toxic and often dangerous extraction be realized here at home. he will be dearly missed. methods. f Mr. Salk grew up in Providence, Rhode Is- A self-described ‘‘garbage man,’’ Mike Bid- land, and dedicated a majority of his life to the dle set up a lab in his garage in Pittsburg, DR. MELINDA O’ROURKE service of his country. He served as a mem- California nearly twenty years ago to begin ex- ber of the 243rd Coastal Artillery, Narragansett perimenting with ways to sort and recycle HON. ED PERLMUTTER Bay Harbor Defenses beginning on January complex plastics in an attempt to turn these OF COLORADO 17, 1941. He trained as a gun commander of landfills into what he calls ‘‘above ground IN THE HOUSE OF REPRESENTATIVES the 12″ disappearing cannon and then was mines.’’ Since then, Mr. Biddle has developed transferred to the Aviation Cadet Program and Thursday, November 29, 2012 and patented a 30-step plastics recycling sys- subsequently earned flight wings as a bom- tem that includes magnetically extracting met- Mr. PERLMUTTER. Mr. Speaker, I rise bardier. He was soon advanced to a triple- als, shredding plastics, sorting them by poly- today to recognize and applaud Dr. Melinda rated bombardier, navigator, and radar oper- mer type, and producing graded pellets to be O’Rourke for her outstanding service to our ator. reused. What is truly remarkable is that this community. On August 24, 1943, Mr. Salk volunteered process uses less than ten percent of the en- Dr. O’Rourke is a community-minded busi- to become part of a crew for a mission to ergy required to make plastic from oil while ness owner who has leveraged her success to bomb an airfield in Hankow, China. His plane carrying little of the risk to the environment. reinvest in the community. She sits on the was leading the mission’s formation as these Mr. Biddle should be commended; his story Red Rocks Community College Foundation American airmen came under direct attack. A illustrates the sort of progress that can be Board of Directors and Northwest Eye and Es- 20 mm shell crashed through the windshield of made towards an economically and environ- sence Laser & Wellness which support 25 Mr. Salk’s plane, fatally wounding the pilot and mentally responsible solution to plastics waste local charities. incapacitating the co-pilot. Although he was around the world. Melinda gives her time and talent to provide not a pilot, Mr. Salk pulled the pilot from his However, his story is also illustrative of a the underserved in our communities the eye seat and proceeded to fly the plane for 15 greater problem here in the United States. care they need. She has volunteered for nu- minutes, saving at least eight U.S. Airmen. While MBA Polymers remains headquartered merous eye surgeries in Latin America with Mr. Salk earned a number of honors for his in Richmond, California, the company’s main the Vision Health International (VHI) group heroic actions, including the Purple Heart, Air processing facilities operate in China, Austria, whose mission is to provide vision care serv- Force Commendation Medal, Air Defense and the United Kingdom, where their respec- ices and sight-restoring services free of Service Medal, National Defense Service tive governments have implemented forward charge. Also, Melinda donates her time to the Medal, and the Distinguished Flying Cross thinking electronics-waste recycling regulations Stout Street Clinic by performing pro bono presented by General Chennault of the Flying that ensure a steady stream of complex plas- ophthalmic and optometric care to the home- Tigers for completing 57 missions. After the tics and materials for MBA Polymers to utilize. less. war, Mr. Salk continued his service as a flying While the United States produces more I extend my deepest congratulations to my officer with the United States Air Force for 25 electronics and plastics waste per capita than friend Dr. Melinda O’Rourke for her well de- years before retiring as a Lieutenant Colonel. any other country in the world, rather than served honor by the West Chamber serving He then spent the next 26 years of his life take advantage of this resource, U.S. brokers Jefferson County. I have no doubt she will ex- working for the Defense Intelligence Agency, ship nearly ninety-five percent of the plastics hibit the same dedication and character in all who sought out Mr. Salk for his extraordinary waste that is collected here overseas. In short, her future accomplishments. knowledge of aircraft intelligence. we are literally shipping jobs overseas be- f Mr. Speaker, Lieutenant Colonel Morton cause of our failure to implement a competing Salk was a fine patriot and I have the utmost plastics recycling program in the U.S. PERSONAL EXPLANATION respect for his bravery. Though a humble As we are paying to ship plastics to third- man, his efforts garnered him praise from the world countries with little labor protection and HON. LYNN C. WOOLSEY press, fellow citizens, and elected officials. His no environmental controls, many countries in OF CALIFORNIA courage will continue to serve as an inspira- Europe and Asia are reaping the benefits of IN THE HOUSE OF REPRESENTATIVES tion to us all. May God bless his family, and reusing and recycling their waste products. Thursday, November 29, 2012 may we always remember the life of Lieuten- Furthermore, in doing so, we are adding to our ant Colonel Morton Salk. dependency on foreign oil by needlessly con- Ms. WOOLSEY. Mr. Speaker, on November f suming petrochemicals to make plastics, while 15–16, 2012, I was unavoidably detained and simultaneously adding to the concentration of was unable to record my vote for Rollcall Nos. MICHAEL LEMOV’S PEOPLE’S WAR- carbon dioxide in the atmosphere at a time 605–608. Had I been present I would have RIOR: THE LEGACY OF JOHN when all nations should be focused on reduc- voted: MOSS ing their carbon footprint. Rollcall No. 605: NO—On Ordering the Pre- The United States cannot afford to continue vious Question HON. DAVID E. PRICE to watch from the sidelines while foreign coun- Rollcall No. 607: NO—On Agreeing to the OF NORTH CAROLINA tries become more energy efficient, more eco- Resolution IN THE HOUSE OF REPRESENTATIVES nomically competitive, and enhance their en- Rollcall No. 608: YES—Mark Twain Com- Thursday, November 29, 2012 ergy and natural resource security—all while memorative Coin Act creating good, sustainable jobs. A national Rollcall No. 609: NO—Russia and Moldova Mr. PRICE of North Carolina. Mr. Speaker, policy of plastics and waste recycling in the Jackson-Vanik Repeal Act of 2012 December 5 will mark the fifteenth anniversary U.S. is desperately needed. In doing so, we f of the death of John Moss of California, one could create tens of thousands of new skilled of the most important members to serve in this green jobs, we could save a materials manu- A TRIBUTE TO LIEUTENANT body in the last century. Moss’s life and land- facturing base and millions of barrels of oil per COLONEL MORTON SALK mark achievements have recently been re- year, and we could do it while better pro- counted in People’s Warrior by Michael tecting our environment. HON. MIKE McINTYRE Lemov, who served as his chief counsel for It is our responsibility to ensure that more OF NORTH CAROLINA eight years, and I want to direct colleagues’ entrepreneurs like Mike Biddle aren’t forced to IN THE HOUSE OF REPRESENTATIVES attention to this important book. take their business to international competi- Moss’s landmark achievements have en- tors. Rather, it’s time to bring these good, Thursday, November 29, 2012 dured, warranting the insightful accounts green jobs back to the U.S. with a broad pol- Mr. MCINTYRE. Mr. Speaker, I rise with sor- Lemov has given of their sometimes tortuous icy to encourage recycling and green product row today following the passing of Lieutenant paths to passage: the Freedom of Information development here at home. Colonel Morton Salk of Wilmington, North Act, legislation establishing the Consumer Again, I applaud Mr. Biddle and his team at Carolina. Mr. Salk served as a bombardier in Product Safety Commission, and the Magnu- MBA Polymers for winning this important World War II and was also a beloved member son-Moss Act which rejuvenated the Federal award, and I look forward to working with my of our community, a devoted family man, and Trade Commission.

VerDate Mar 15 2010 04:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.025 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1847 John Moss was first elected to the House in Evanko, for her service to the community and per game. He netted over 45 points on four 1952 and was appointed to what was then receiving the 2012 Mayor of Golden’s Award occasions, 49 points twice and a single career called the Interstate and Foreign Commerce for Excellence. high of 51 points against South Carolina State Committee four years later. In the 1960s, as Tracy was a founding member of the Gold- Bulldogs. the Senate Commerce Committee under Sen. en Resource for Education, Arts, and Theater As a freshman in 1961–62, Bob canned 54, Warren Magnuson undertook major consumer (GREAT). This organization was responsible 56, and 64 points in exhibition games. In protection initiatives, Moss fought to overcome for the very successful nights of movies and 1963–64, he was the star of Benedict’s na- resistance to such measures on the House music in the park of Golden, Colorado. tional scoring championship basketball team Committee and then, as Chairman of the GREAT’s mission to enhance, promote, and that averaged 101.2 points per game. Commerce and Finance Subcommittee, to enrich the culture of the community of Golden McCullough was the first black athlete to be make the House a full partner in their develop- has lead to great expansions in the cinematic selected for the All-Southern Textile Basketball ment. and performing arts. All-Star Team in Greenville, SC. Moss, alongside his close friend JOHN DIN- Along with GREAT, Tracy was essential in He was named to All-American Honorable GELL, was also a key figure in House reform. paving the way for the city of Golden in pur- Mention teams by sportswriters for United The two of them fought for years to give Com- chasing the 14-acre Bachman parcel at West Press International and Converse Magazine in merce subcommittees more autonomy and re- 4th Avenue and Heritage Road to be used for 1965, Bob was offered a contract by the Har- sources as a means of opening the Com- open space in December of 2010. Her com- lem Globetrotters, and was drafted by the Cin- mittee to member initiatives and making it mitment to the environment and culture of cinnati Royals of the National Basketball Asso- more hospitable to progressive legislation. In Golden offers as a model for others in the ciation. He was dropped from the Royals the mid-1970s, as reform came to both the community. when All-Star guard Oscar Robinson renewed Committee and the House, Moss gained elec- I am honored to congratulate Tracy Evanko his contract. In 1967, Bob played with the New tion as Chairman of the Commerce Sub- on receiving the 2012 Mayor of Golden’s Jersey Asbury Park Boardwalkers in the East- committee on Oversight and Investigations. He Award for Excellence. I am sure she will ex- ern Professional Basketball League, now took full advantage of loosened full committee hibit the same dedication and commitment in known as the CBA. He averaged 22 points control and enhanced resources to greatly all her future endeavors. and five assists per game and was selected to step up subcommittee activity. By the time f the All-Rookie Team, and played in the East- Moss retired in 1979, Ward Sinclair of the ern Professional League East/West All-Star Washington Post described him as ‘‘the man IN RECOGNITION OF BOB Game with NBA Stars Walter Dukes and K. C. who perfected oversight.’’ MCCULLOUGH, SR. RECIPIENT OF Jones. As a young political scientist studying Con- THE 2012 MARCELLA R. BROWN gress, and the Commerce Committees in par- FOUNDATION AWARD McCullough earned a Master of Science de- ticular, in the 1970s, I recognized the signifi- gree from Lehman College and studied addi- cance of Moss’s role. Mike Lemov’s insights HON. CHARLES B. RANGEL tionally at New York University, Cornell Uni- were indispensable as I sought to understand OF NEW YORK versity and Hunter College. He is a New York the movement toward decentralization and re- IN THE HOUSE OF REPRESENTATIVES Department of Education licensed school teacher, former counselor for Hunter College, form on the Committee and then the impact of Thursday, November 29, 2012 reform on the performance of oversight. Mike and a published researcher who has lectured talked with me for hours and opened many Mr. RANGEL. Mr. Speaker, I rise today to at conferences on mentoring in the US and doors. In a chapter I contributed to Legislative honor, recognize, and celebrate Mr. Bob abroad. Bob presented in Vancouver, Canada, Reform (edited by Leroy Rieselbach, 1978), I McCullough SR., recipient of the Marcella R. New Castle on the Thyme, England, and for concluded that, while reform had provided the Brown Foundation’s Founders Award. the National Association of Black Social Work- conditions for an invigorated, more inde- My good friend Bob McCullough Sr., is the ers in New Orleans as well as Los Angeles, pendent oversight role for the Commerce Founder & Co-Founder of several community California. Committee, the most important factor by far organizations such as the Rucker Pro Tour- In 1976–80, Bob became the Assistant Di- was the selection of a chairman with the en- nament Summer Professional Basketball rector and Counselor of the Fordham Univer- ergy, determination, and vision to seize the League, Harlem Professional Inc., National sity Upward-Bound Program, on the Rose-Hill opportunities the situation offered: John Moss. Association of Each One Teach One Inc., campus. Bronx, New York. Bob is founding And one of Moss’s greatest assets was the John Hunter Camp Fund, Rucker Profes- member of the East Harlem Abyssinian Tri- entrepreneurial Chief Counsel who came with sionals Hall of Fame, Bob Douglass Hall of angle Inc. that brought Pathmark to Harlem. Fame, 133rd & 134th streets Alumni Associa- him from the Commerce and Finance Sub- Throughout the years Bob McCullough has tion and the Pelham Fritz Basketball League. committee, Michael Lemov. received numerous honors and awards as the I am glad that the Marcella R. Brown Foun- As a North Carolinian, I was particularly commissioner of the internationally-known dation has chosen to recognize Bob for all his struck by Lemov’s appreciative treatment of Rucker Summer Professional Basketball service and devotion. The Marcella R. Brown Jim Broyhill, a Republican member from our League and as co-founder of the National As- Foundation Inc. is a well regarded organiza- state who served as ranking member of the sociation of Each One Teach One, a youth de- tion that seeks to provide assistance to youth Commerce and Finance Subcommittee during velopmental mentoring program in Harlem. who want to pursue a higher education. They Moss’s chairmanship. Broyhill’s role serves as Bob McCullough Sr., is the Founder & Co- a reminder of an era when partisan disagree- give financial support in the form of scholarships, and provide opportunities for youth to Founder of several community organizations; ments were no less strongly felt, but members Rucker Pro Tournament Summer Professional nonetheless often found a way to work get valuable work experience with non-profit organizations and select governmental agen- Basketball League, Harlem Professional Inc., through them to constructive outcomes. National Association of Each One Teach One Finally, Mr. Speaker, and on behalf of col- cies. Inc., John Hunter Camp Fund, Rucker Profes- leagues, I want to thank Mike Lemov for his Bob McCullough is a legendary Benedict sionals Hall of Fame, Bob Douglass Hall of own effective public service, which he has ex- College athlete who holds a spot in the upper Fame, 133rd & 134th streets Alumni Associa- tended with this inspiring and instructive ac- echelon of all-time great basketball players in tion and the Pelham Fritz Basketball League. count of one of the giants in our institution’s the Southern Intercollegiate Athletic Con- history. ference. A heralded New York schoolboy ath- Bob has played a pivotal role in my Con- lete, he was recruited by Coach John E. gressional District by providing programs and f Brown and scored 2,135 points for a 28.4 activities that help foster and develop minds TRACY EVANKO points per game career average during his and talents of the community youth. Because three years with the Benedict College Tigers. of his selfless devotion and unwavering dedi- HON. ED PERLMUTTER McCullough displayed textbook-pure shoot- cation, many of your young people will go on OF COLORADO ing and was quicker than everybody guarding to reach their ambitions. It is in that spirit that IN THE HOUSE OF REPRESENTATIVES him. He made studder-steps dribbling down I ask all my colleagues and our Nation to join the court then, faded back for odd-angle 10 to me in this special Congressional Recognition Thursday, November 29, 2012 17–foot jumpers that invariably went in the of the Mr. Bob McCullough Sr. recipient of the Mr. PERLMUTTER. Mr. Speaker, I rise basket. In 1964–65, he was the second lead- 2012 Marcella R. Brown Foundation’s Found- today to recognize and applaud Ms. Tracy ing scorer in the nation averaging 36.4 points ers Award.

VerDate Mar 15 2010 04:19 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A29NO8.028 E29NOPT1 jbell on DSK7SPTVN1PROD with E1848 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 RECOGNIZING THE LIFE OF SSG Jr., Willie Mae, Gail, and Lorraine. Mrs. Martin for the Talented and Gifted and the School for RAYVON BATTLE, JR. is now the proud grandmother of 34, great- Science and Engineering at Yvonne A. Ewell grandmother of 70, and great-great-grand- Townview Center for receiving the distinct HON. G. K. BUTTERFIELD mother of 16. In the words of her family, ‘‘To honor of being recognized as an ‘‘Intel School OF NORTH CAROLINA know mom is to know true love.’’ of Distinction.’’ IN THE HOUSE OF REPRESENTATIVES Mrs. Martin is a dedicated member of Mt. Intel Schools of Distinction honors U.S. Olive Baptist Church in Columbia, where she schools that have demonstrated excellence in Thursday, November 29, 2012 has worshipped faithfully each week for more math and science education. I am pleased Mr. BUTTERFIELD. Mr. Speaker, it is with than fifty years. Her favorite scripture is the that Intel recognized Townview Magnet School sadness that I rise today to honor the life of first verse of Psalm 91, ‘‘He who dwells in the for Engineering and Science School as an in- Staff Sergeant Rayvon Battle, Jr. of the United shelter of the Most High will abide in the shad- stitution that provides an innovative learning States Army. Staff Sergeant Battle lost his life ow of the Almighty.’’ Her favorite hymn is environment and programs that meet or ex- in Kandahar Province, Afghanistan on Novem- ‘‘We’ve Come This Far By Faith.’’ As she ceed national math and science benchmarks. ber 13, 2012, while trying to stop an explo- completes a century on Earth, it is apparent By this recognition, Intel is emphasizing in- sion. that she is the living embodiment of both. vestments in science and math. In order for Staff Sergeant Battle was a native of Rocky Mr. Speaker, I ask that you and our col- our country to compete in the 21st century, we Mount, North Carolina, which is in my Con- leagues join me in congratulating Mrs. Martin as a country need to make sustained robust gressional District. In 2005, he graduated from on achieving this milestone and wishing her investments to encourage our children to em- Northern Nash High School and went on to Godspeed and many more to come. brace science and math. These are the jobs enlist in the Army where he became a squad f and careers of the future. leader in the 38th Engineer Company, 4th Located in my district, Townview Magnet is IN RECOGNITION OF IBEW LOCAL Stryker Brigade Combat Team, 2’’ Infantry Di- one of the most diverse schools in Texas, with 269 vision. minorities representing over half of the student Staff Sergeant Battle was a source of great population. Townview is home to some of the pride in his hometown because he epitomized HON. FRANK PALLONE, JR. Nation’s best and brightest students. News- what it meant to serve with honor and distinc- OF NEW JERSEY week Magazine has consistently rated tion. This was demonstrated in the various IN THE HOUSE OF REPRESENTATIVES Townview’s Science and Engineering Magnet awards and decorations Staff Sergeant Battle Thursday, November 29, 2012 as one of the top high schools in the Nation. received during his career in the Army. Among Mr. PALLONE. Mr. Speaker, I rise today to Townview serves as a model for other institu- them include the Bronze Star Medal, the Army congratulate IBEW Local 269 as its members tions of learning across the country and offer Commendation Medal, two Army Achievement gather to celebrate its 100th Anniversary. The insight into the ways we can improve edu- Medals, two Army Good Conduct Medals, the spirit and strength of the IBEW’s founders cation. National Defense Service Medal, the Afghani- continues today in Local 269 and its history This latest honor exemplifies the values of a stan Campaign Medal with Bronze Service and service is truly deserving of this body’s good educational environment, as many of the Star, the Iraq Campaign Medal with three recognition. students attending Townview will have oppor- Bronze Service Stars, the Global War on Ter- The founders of the IBEW fought for the tunities to be the future leaders of this country. rorism Service Medal, and the NATO Medal. benefit of the workers. The founders strived to This honor will also serve as an inspiration to In only 25 short years, Staff Sergeant Battle create workers’ rights, safety measures and the faculty, staff and students of Townview accomplished more than most people do in a apprenticeship training. Today, the IBEW con- Magnet School to maintain a high level of full lifetime. tinues the legacy of its founders to make a work. I commend the faculty and students for Unfortunately, Staff Sergeant Battle per- better life for all, and these principles are evi- achieving this honor, and lend my support to ished while serving his country—prematurely dent in Local 269. the future success of Townview. ending a promising life and career. He is sur- IBEW Local 269 ensures that central New Mr. Speaker, the students, teachers, prin- vived by his wife, Dorris Battle; his father, Jersey and Bucks County, Pennsylvania re- cipals and parents of Townview Science and Rayvon Battle, Sr.; and his grandmother, Dora ceive highly skilled and qualified electrical Engineering Magnet should all be very proud Harris. workers. IBEW Local 269 is committed to up- for achieving this great honor. Mr. Speaker, I ask my colleagues to join me holding its expectation of quality craftsmanship f in offering heartfelt condolences to Staff Ser- and on-budget projects with a 5-year appren- TRIBUTE TO ROBERTO MARMO geant Battle’s family, and sincere appreciation ticeship training program. The specialized for his selfless efforts in defense of our great members work as wiremen, outside linemen, nation. I pray that his life remains a source of residential wiremen, and telecommunications HON. ROBERT A. BRADY inspiration to the Rocky Mount community and technicians to help develop and maintain com- OF PENNSYLVANIA Americans nationwide. We are forever in- munities. They are experienced in working in IN THE HOUSE OF REPRESENTATIVES debted to his family for the ultimate sacrifice a wide range of areas, including airports, edu- Thursday, November 29, 2012 he paid on our behalf. cational institutions, military installations, his- Mr. BRADY of Pennsylvania. Mr. Speaker, I f torical sites and monuments, and many oth- rise today to honor Mr. Roberto Marmo for his ers. Since 1912, the members of IBEW Local TRIBUTE TO JOSEPHINE MARTIN years of success both politically and profes- 269 have provided proficient service to the sionally in the United States and Italy. For community. much of his life, Roberto Marmo has enjoyed HON. JAMES E. CLYBURN Mr. Speaker, once again, please join me in great success both in politics and his entrepre- OF SOUTH CAROLINA honoring IBEW Local 269 and its 100th Anni- neurial endeavors. IN THE HOUSE OF REPRESENTATIVES versary. Mr. Marmo’s career in politics spans several Thursday, November 29, 2012 f decades beginning with his time as a provin- Mr. CLYBURN. Mr. Speaker, I rise today to CONGRATULATING THE SCHOOL cial councilor of Canelli in the 1980’s. In the pay tribute to Mrs. Josephine Blocker Martin FOR THE TALENTED AND GIFT- following decade, Mr. Marmo served the on the occasion of her one hundredth birth- ED AND THE SCHOOL FOR comune of Canelli as Mayor. From 1999 until day. Born December 6, 1912 in Montgomery, SCIENCE AND ENGINEERING AT 2008, he held the position of President of the South Carolina, Mrs. Martin has lived for over YVONNE A. EWELL TOWNVIEW Province of Asti. Currently, Mr. Marmo is a eighty years in Columbia, where she has CENTER member of the Chamber of Deputies serving made such positive impacts on so many that the people of Italy as a member of the Com- she is known to most—relatives and non-rel- HON. EDDIE BERNICE JOHNSON mission on Budget and Treasury. atives alike—as ‘‘Mother Martin.’’ OF TEXAS In addition to his political successes, Mr. She and Mr. Willie Martin were united in Marmo is an accomplished entrepreneur in the IN THE HOUSE OF REPRESENTATIVES Holy Matrimony on October 24, 1928, and Piedmont region of Italy. He holds the roles of they remained married until his death in 1981. Thursday, November 29, 2012 President and Chief Executive Officer of the Together they had ten children, Florence, Ms. EDDIE BERNICE JOHNSON of Texas. Cantina Sociale di Canelli-Cooperative as well James, Thomas, Charles, Curtis, Amanda, Will Mr. Speaker, I rise to congratulate the School as the President of the Cellars of Canelli

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Winetrading Ltd. After taking over at the Can- hired by my colleague Mr. UPTON upon attain- Kappa Beta Omega chapter in Vallejo, CA. tina Sociale di Canelli in 2004, a company on ing chairmanship on the Energy and Com- Mr. and Mrs. Elliott were also church members the verge of bankruptcy, Mr. Marino has guid- merce Subcommittee on Oversight and Inves- and avid volunteers, dedicating their time to ed the business to a position of financial sta- tigations. Formerly a state and federal pros- organizations like the Omega Boys Club and bility. In recent years, the wine cellar has en- ecutor, Mr. Harrison’s single-minded commit- The Adkins Project. Ö joyed annual profits in excess of 20 million ment to oversight contributed immensely to A woman of many talents, Mrs. Elliott was and produced over 14 million bottles. the atmosphere of accountability fostered by known for her fine sense of fashion, her Mr. Speaker, I encourage my colleagues to committee staff. penchant for collecting and her excellent cook- join me in honoring Roberto Marmo and As a husband and father commuting to ing. Above all, she was incredibly committed thanking him for his years of service in the Washington from New York City on a weekly to the wellbeing of her family, always making Republic of Italy and influence in the United basis, Mr. Harrison sacrificed greatly to main- ample time for loved ones and friends. States. tain a top-notch oversight staff. His complete f dedication to the Subcommittee on Oversight On a personal note, I have known Lydia and Investigation was exemplified in the work longer than anyone in my life except for my 2012 NATIONAL BLUE RIBBON he did with me. immediate family. My mother, Mildred, met SCHOOLS I’m sure that I speak on behalf of every Lydia in 1948 and they became the best of member of the Subcommittee on Oversight friends. She was my sister Beverly’s God- HON. JOHN P. SARBANES and Investigation in saying that Mr. Harrison mother and she was part of our extended fam- OF MARYLAND was a treasured asset and will be missed ily. My mother, two sisters, Beverly and Mil- IN THE HOUSE OF REPRESENTATIVES dearly. dred, and I loved her; and we have many wonderful memories of Lydia, her beloved late Thursday, November 29, 2012 f husband, Hank, and her sons Henry Jr. and Mr. SARBANES. Mr. Speaker, I rise today HONORING LYDIA MARIE ELLIOTT Terence. We will miss her tremendously, but to applaud the work of the 269 schools that we thank God for her friendship—and for the have been selected by the U.S. Department of HON. BARBARA LEE many joyous times we spent with Lydia and Education as 2012 National Blue Ribbon OF CALIFORNIA her family. Schools. This prestigious honor recognizes the IN THE HOUSE OF REPRESENTATIVES Today, California’s 9th Congressional Dis- schools’ accomplishments in improving stu- Thursday, November 29, 2012 trict salutes and honors a wonderful human dent academic achievement and in attaining being, Mrs. Lydia Marie Elliott. The contribu- overall academic excellence. I am proud to re- Ms. LEE of California. Mr. Speaker, I rise tions she made to others throughout her life port that ten of these schools are in Maryland, today to honor the extraordinary life of Mrs. are countless and precious. Our community is having previously been selected as Maryland Lydia Marie Elliott. A dedicated educator, indebted to her many civic contributions over Blue Ribbon Schools on the basis of sustained homemaker and active community member, the decades and her legacy of love and com- high performance or significant improvement Mrs. Elliott and her husband of 65 years, the passion will continue in the years to come. My in reading and mathematics as measured by late Henry Elliott, were stalwart members of thoughts are with Lydia’s family and her ex- Maryland State Assessments. I am particularly the Bay Area community for five decades. A tended group of loved ones as we celebrate proud of the accomplishments of the four Na- devoted wife, mother, grandmother, great- her incredible life. May her soul rest in peace. tional Blue Ribbon Schools—Crofton Meadows grandmother, sister and friend, Mrs. Lydia Elementary School, Woodholme Elementary Marie Elliott will be forever remembered for f School, St. Augustine School, and Saint her warmth and compassion. With her passing on November 15, 2012, we are reminded of Peter’s School—that are currently or will soon IN TRIBUTE TO U.S. ARMY COL. her life’s journey and the joyful legacy she in- be located in Maryland’s 3rd District. JOHN MORIARITY (RET.) The passage of No Child Left Behind in spired. 2002 charged schools with additional respon- Lydia Marie Pitts Elliott was born on Novem- sibilities to measure and report academic ber 12, 1923, and was the fifth of Jesse and HON. ELTON GALLEGLY progress. These new requirements set a high Bell Beatrice Pitts’ eight children. After attend- bar, requiring schools to demonstrate gains in ing Mark Hanna High School in Tullahassee OF CALIFORNIA and meeting the love of her life, Henry Wilford student proficiency and improvements in clos- IN THE HOUSE OF REPRESENTATIVES ing the achievement gap. The National Blue Elliott who taught Math and Science there, Ribbon Schools exemplify the goals of No Lydia and Henry were married on January 11, Thursday, November 29, 2012 Child Left Behind, and serve as exemplars of 1943. While her husband served overseas, how best to help children reach their highest Mrs. Elliott earned her bachelor’s degree at Mr. GALLEGLY. Mr. Speaker, I rise in trib- potential. As we work toward a long-overdue Oklahoma’s Langston University, joining Alpha ute to U.S. Army Col. John Moriarity (Ret.), reauthorization of the Elementary and Sec- Kappa Alpha Sorority and beginning a lifetime who chaired my U.S. Military Academy Nomi- ondary School Act (ESEA), we must carefully commitment to the organization and her fellow nating Board for 26 years. review the successes of the National Blue Rib- sorority sisters. A graduate of the U.S. Military Academy at bon Schools to identify strategies and best After being reunited with her husband in West Point, Col. Moriarity and the rest of the practices that can be shared, and which other Japan, Mrs. Elliott enjoyed traveling the globe board, who represented different branches of schools may benefit from examining and as an army spouse, visiting many of the the armed services, year after year selected adopting. I look forward to continuing to sup- world’s major cities and countries and giving the best and the brightest from my district for port the work of the National Blue Ribbon birth to the couple’s two sons during that time. our military academies. In my 26 years in awardees and all schools in Maryland, to en- Upon Mr. Elliott’s retirement from the army, Congress, they chose more than 250 excep- sure that they have the tools and resources the family moved to the Bay Area, where tional young men and women for nomination they need to continue helping students excel. Henry became the first African American mid- to the U.S. Military Academy at West Point the f dle and high school principal in Vallejo, CA. U.S. Air Force Academy, U.S. Naval Acad- Over the course of 25 years, Mrs. Elliott emy, and U.S. Merchant Marine Academy. IN RECOGNITION OF MR. TODD served the Richmond Unified School District, HARRISON teaching arts and crafts and advancing to the The cadets were challenged and tested for position of head teacher. She continued her four years. In the end, they became U.S. mili- HON. MICHAEL C. BURGESS studies in education while actively participating tary leaders charged with defending America with local community organizations like the and the ideals we cherish. We bid them God- OF TEXAS speed. IN THE HOUSE OF REPRESENTATIVES Order of the Eastern Star, Beta Pi Sigma So- rority, Inc., the National Council of Negro Mr. Speaker, I know my colleagues join me Thursday, November 29, 2012 Women and the NAACP. She was also a life- in paying tribute to my personal friend Col. Mr. BURGESS. Mr. Speaker, I rise today to time member of Alpha Kappa Alpha Sorority, John Moriarity (Ret.), both for his service to honor Mr. Todd Harrison, the former Chief Inc. reaching the title of ‘‘Golden Soror’’ in our country as a U.S. Army officer and for Oversight Counsel to the House Committee on 1997 for her outstanding 50-year membership helping to select the next generation of our fin- Energy and Commerce. Mr. Harrison was and acting as a charter member of a local est military officers.

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A29NO8.034 E29NOPT1 jbell on DSK7SPTVN1PROD with E1850 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2012 PALESTINIAN UNILATERAL cacy for the city’s Downtown Specific Plan, the TRIBUTE TO MAYOR RONALD O. DECLARATION OF STATEHOOD Cotati Arts Project and the establishment of LOVERIDGE the Cotati Historical Society Museum. HON. HENRY A. WAXMAN Ms. Orchard conducted all of the research HON. KEN CALVERT OF CALIFORNIA needed to secure the adoption of a living OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES wage ordinance, ensuring that all city employ- IN THE HOUSE OF REPRESENTATIVES Thursday, November 29, 2012 ees would receive adequate pay, and was instrumental in the adoption of a policy allowing Thursday, November 29, 2012 Mr. WAXMAN. Mr. Speaker, the Palestinian Cotati to recognize the Mexican Matricula as a Mr. CALVERT. Mr. Speaker, I rise today to leadership’s decision to seek status as a non- form of identification. honor and pay tribute to an individual whose member observer state in the United Nations Her most enduring legacy is the creation of dedication and contributions to California and General Assembly is a reckless and dan- Falleti Park in downtown Cotati. Slated for the City of Riverside are exceptional. River- gerous move. The General Assembly’s vote to high density housing development, Ms. Or- side has been fortunate to have dynamic and approve this gambit is a new low point for the chard worked with the property owners and dedicated community leaders who willingly institution. the County Open Space District to save the and unselfishly give their time and talent and I commend President Obama for his unwav- parcel as a reminder of the city’s rural herit- make their communities a better place to live ering stance opposing the Palestinian motion age. and work. Mayor Ronald 0. Loveridge is one and the tireless efforts by this Administration Along with these accomplishments, Ms. Or- of these individuals. At a celebration on De- to try and avert today’s outcome. cember 4, 2012, Mayor Loveridge will be hon- No country has done more than the United chard represented the city on the Sonoma County Mayors and Councilmembers Associa- ored as he retires after 33 years of service to States to advance the true cause of Pales- the Riverside community. tinian statehood. No one has done more to tion Legislative Committee, chaired the Citi- Mayor Loveridge was born and raised in the undermine that goal than the Palestinians zens Advisory Committee of the Sonoma Bay Area of Northern California. He received themselves. County Agricultural Preservation and Open his Bachelor’s degree from the University of Time and again the Palestinian leadership Space District, served as a Director of the the Pacific and his Master’s degree and doc- has chosen empty slogans over substantive North Bay Watershed Association and as liai- torate in political science from Stanford Uni- achievements. These attempted short cuts son to the Association of Housing, Community versity. Mayor Loveridge has served in his have shortchanged the Palestinian people who and Economic Development Policy Com- current office since 1994, and prior to that aspire to achieve genuine statehood with the mittee. served on the City Council for 15 years. Not political, economic and social infrastructure to Mr. Speaker, although Ms. Orchard is retir- only is he an outstanding public servant, he support a stable, functioning democracy. ing from the Cotati City Council, we are con- has taught courses in American Politics, Mass Today’s vote undermines the key principle fident that she will continue to be an active Media, Public Opinion, and Local Leadership of mutual recognition that has been the foun- participant in civil life in her community. Ac- in California at the University of California, dation of a generation of diplomacy and suc- cordingly, it is both fitting and proper that we Riverside since 1965. He is committed to the cessive Security Council resolutions con- acknowledge her today. young people in the Riverside community, in- cerning the peace process. It threatens to fur- troducing them to government through intern- ther derail a U.N. system already struggling f ship projects and field work. under the weight of an unrelenting Palestinian agenda to attack Israel in the U.N. Human TRIBUTE TO GIANLUCA During his 16 years as Mayor, he has Rights Council and the U.N. Educational, Sci- ARCANGIOLI played a pivotal role in the political landscape entific and Cultural Organization. We now of our community, region and state. He has must consider the irreversible damage that served and chaired many boards at the com- could be wrought by irresponsible action in the HON. ROBERT A. BRADY munity, regional, state, and national levels. The Mayor is currently a member of the Great- World Health Organization, the International OF PENNSYLVANIA Court of Justice or the International Criminal er Riverside Chambers of Commerce, Inland Court. IN THE HOUSE OF REPRESENTATIVES Empire Scholarship Fund Board of Directors, Habitat for Humanity Riverside Board of Direc- This maneuver will also make it more dif- Thursday, November 29, 2012 ficult for the United States to constructively en- tors, La Sierra University Foundation Board of gage the Palestinian leadership and chart a Mr. BRADY of Pennsylvania. Mr. Speaker, I Directors, and Community Foundation Advi- productive path ahead. rise today to honor Mr. Gianluca Arcangioli for sory Council. He represents the Inland region At this uncertain time, the one thing that is his years of dedicated service in defending as a member of South Coast Air Quality Man- abundantly clear is that the United States is civil liberty, both domestically and abroad. Mr. agement District Board, the Southern Cali- committed to standing with Israel. We will con- Arcangioli has consistently demonstrated both fornia Association of Governments Regional tinue to do all we can to maintain stability and bravery and intelligence in the face of crisis. Council, March Joint Powers Authority, the In- land Empire Economic Partnership Board of security as we navigate the way forward. Born in Naples, Italy, Gianluca received offi- Directors, and the Southern California Good- f cer training in 1993 and served as an Italian will Board of Directors. Statewide, the Mayor police officer until transferring to Kosovo HONORING JANET ORCHARD serves on the California Forward Local Gov- where he would be awarded a medal for ernment Task Force, California Mayor’s Edu- peace keeping. Following his completion in cation Roundtable, the League of California HON. LYNN C. WOOLSEY Kosovo, Gianluca Arcangioli moved to the Cities Board of Directors, and was a President OF CALIFORNIA U.S. and served as a police officer at the Con- and member of the California Air Resources IN THE HOUSE OF REPRESENTATIVES sulate General of Italy in the cities of Philadel- Board as well as the past Chair and member phia and New York City. Thursday, November 29, 2012 of the California Assembly Fellow Program. Ms. WOOLSEY. Mr. Speaker, I rise today, Gianluca Arcangioli has displayed his com- He currently serves as the second Vice Presi- along with my colleague, Congressman MIKE mendable abilities on several occasions, in- dent of the National League of Cities. THOMPSON, to acknowledge and honor Janet cluding his effort in handling the Hudson River The Mayor has received many honors Orchard’s record of public service upon her re- tragedy in New York on August 8, 2009. Offi- throughout his career in public service. These tirement from the Cotati City Council. cer Arcangioli was praised for his effort and include: National Association of Regional Ms. Orchard was first elected to the Council high standards on a professional and human Councils, Tom Bradley Award for his out- in 2002, re-elected in 2004 and 2008 and level as well as his exceptional support given standing leadership and commitment to im- served as Mayor in 2002, 2006, and 2011. to diplomats, friends, and family of the victims. proving transportation and maintaining the re- During her tenure, the Council adopted the Most recently, Mr. Arcangioli exhibited his apti- gion’s preferred quality of life; Boy Scouts of city’s mobile home rent stabilization ordinance tude by diligently dealing with the Hurricane America, California Inland Empire Council, Mt. and formula-based fast food ordinances, and Irene crisis in New York. Rubidoux Division Distinguished Citizen of the approved Cotati’s first medical marijuana dis- Mr. Speaker, I encourage my colleagues to Year Award; California Baptist University Spirit pensary. She was also instrumental in helping join me in honoring Mr. Gianluca Arcangioli for of Citizenship Award; American Lung Associa- shape the downtown area through her advo- his dedication to protecting the lives of many. tion in recognition of his efforts to improve the

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.039 E29NOPT1 jbell on DSK7SPTVN1PROD with November 29, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1851 quality of air in the Inland Empire through pas- call him a fellow community member, Amer- Publishing now circulates additional Christian sage of a clean vehicle fleet procurement pol- ican and friend. I know that many community and conservative magazines. icy; Robert Presley Community Service members are grateful for his service and sa- Salem Web Network began in 1999 with a Award—Friends of California School for the lute him as he retires and moves onto the next single website—OnePlace.com. Today, SWN Deaf, Riverside in recognition for Outstanding phase of his life. consists of the most well-known brands in the and Invaluable Service to the Community; In- f faith marketplace such as Crosswalk.com, land Congregations United for Change Award CrossCards.com, and GodTube.com. for his efforts on behalf of youth and his help IN TRIBUTE TO EDWARD G. in organizing a youth task force resulting in a ATSINGER III Additionally, Salem purchased Town- ® variety of effective youth programs; Toast- hall.com in 2006 and conservative political masters International Communication and HON. ELTON GALLEGLY blog HotAir.com in 2010, providing conserv- Leadership Award for his contributions to the OF CALIFORNIA ative commentary, news, and blogging to an Business, Professional, and Local Community; IN THE HOUSE OF REPRESENTATIVES ever-expanding audience. In 2011, Salem launched its Church Products division with the Keep Riverside Clean and Beautiful for his Thursday, November 29, 2012 contribution towards accomplishing the organi- acquisition of Worship House Media, an zation’s 1996–1997 goals; Neighbors United Mr. GALLEGLY. Mr. Speaker, I rise in trib- ecommerce retailer of videos and other multi- for Unwavering Commitment in Making Our ute to my personal friend, Edward G. Atsinger media to churches. Neighborhood a Safe and Pleasant Place to III, who, with his brother-in-law Stuart Throughout it all, Ed Atsinger has been at Live; California Preservation Foundation in Epperson, started with ownership in Christian the helm. He has been Chief Executive Offi- recognition of Outstanding Achievement in the radio stations in California and North Carolina cer, a director of the Company and a director Field of Historic Preservation; and United Way and grew Salem Communications Corporation of each of the Company’s subsidiaries since for service and dedication to United Way of into a national Christian media powerhouse. their inception. He was President of Salem the Inland Valleys, among many others. Based in Camarillo, California, Salem Com- from its inception through June 2007. He has I have come to know Mayor Loveridge well munications purchased radio properties in key been engaged in the ownership and operation through many years working together on a va- markets across the United States and con- of radio stations since 1969. riety of public projects in Riverside, and it has verted them to flourishing Christian talk sta- Ed Atsinger has been a member of the been an honor to work with him on behalf of tions. In the 1990s, Salem expanded beyond board of directors of the National Religious the people of Riverside, California. I can per- Christian Teaching Talk, successfully rolling Broadcasters for a number of years; he was sonally attest to the Mayor’s incredible work- out formats featuring Contemporary Christian re-elected to a three-year term on the board in ethic, professionalism, and positive attitude. Music, News Talk, Spanish-language Christian He and his wife Marsha have raised two and most recently, business programming. February 2010. He has also been a member daughters. The Mayor is an avid reader and In addition, Salem Radio Network is one of of the National Association of Broadcasters hiking enthusiast; his favorite hike is up Mount the leading full-service networks in the U.S., Radio Board since 2008. He has been a mem- Rubidoux. syndicating talk, news, and music program- ber of the board of directors of Oaks Christian In light of all Mayor Loveridge has done for ming to approximately 2,000 Christian-for- School in Westlake Village, California since Riverside, it is only fitting that he be honored matted and general market radio stations 1999. as he retires from public service. Mayor throughout the country. Mr. Speaker, I know my colleagues join me Loveridge’s tireless passion for public service In 1999, Salem purchased CCM Maga- in paying tribute to Edward G. Atsinger III for has contributed immensely to the betterment zine—an industry standard in the contem- fulfilling his vision of spreading Christian val- of our region and the state and I am proud to porary Christian music community. Salem ues throughout the U.S.

VerDate Mar 15 2010 03:46 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.042 E29NOPT1 jbell on DSK7SPTVN1PROD with Thursday, November 29, 2012 Daily Digest Senate Death of Former Senator Warren B. Rudman: Chamber Action Senate agreed to S. Res. 604, relative to the death Routine Proceedings, pages S7127–S7278 of the Honorable Warren B. Rudman, former United Measures Introduced: Four bills and two resolu- States Senator for the State of New Hampshire. tions were introduced, as follows: S. 3647–3650, and Page S7277 S. Res. 603–604. Page S7215 Measures Considered: Measures Reported: National Defense Authorization Act—Agree- H.R. 2471, to amend section 2710 of title 18, ment: Senate continued consideration of S. 3254, to United States Code, to clarify that a video tape serv- authorize appropriations for fiscal year 2013 for mili- ice provider may obtain a consumer’s informed, writ- tary activities of the Department of Defense, for ten consent on an ongoing basis and that consent military construction, and for defense activities of may be obtained through the Internet, with an the Department of Energy, to prescribe military per- amendment in the nature of a substitute. Page S7214 sonnel strengths for such fiscal year, taking action on the following amendments proposed thereto: Measures Passed: Pages S7136–46, S7148–S7206 No-Hassle Flying Act: Committee on Commerce, Adopted: Science, and Transportation was discharged from fur- Levin (for Kohl/Boozman) Amendment No. 2888, ther consideration of S. 3542, to authorize the As- to provide for the payment of a benefit for the non- sistant Secretary of Homeland Security (Transpor- participation of eligible members in the Post-De- tation Security Administration) to modify screening ployment/Mobilization Respite Absence program due requirements for checked baggage arriving from to Government error. Pages S7136–37 preclearance airports, and the bill was then passed, Levin (for Manchin) Amendment No. 2924, to re- after agreeing to the following amendment proposed quire an additional element in the report on the ac- thereto: Pages S7275–76 curacy of the Defense Enrollment Eligibility Report- Levin (for Klobuchar) Amendment No. 3286, to ing System. Pages S7136–37 include the Committee on Homeland Security and Levin (for Webb) Amendment No. 2949, to ex- Governmental Affairs of the Senate in the commit- tend the temporary increase in accumulated leave tees to which the report on re-screening of baggage carryover for members of the Armed Forces. Pages S7136–37 is required to be submitted. Page S7276 Levin (for Wyden) Amendment No. 2960, to re- American Diabetes Month: Committee on quire a report on mechanisms to ease the reintegra- Health, Education, Labor, and Pensions was dis- tion into civilian life of members of the National charged from further consideration of S. Res. 600, Guard and the Reserves following a deployment on supporting the goals and ideals of American Diabe- active duty. Pages S7136–37 tes Month, and the resolution was then agreed to, Levin (for Sessions) Amendment No. 2963, to au- after agreeing to the following amendment proposed thorize the posthumous honorary promotion of Ser- thereto: Page S7276 geant Paschal Conley to second lieutenant in the Levin (for Shaheen) Amendment No. 3287, to Army. Pages S7136–37 make minor changes. Page S7276 Levin (for Heller) Amendment No. 2969, to require a report on the future availability of TRICARE National Nurse-Managed Health Clinic Week: Prime throughout the United States. Pages S7136–38 Senate agreed to S. Res. 603, designating the week Levin (for Hoeven) Amendment No. 2991, to ex- of November 26 through November 30, 2012, as press the sense of the Senate on the maintenance by National Nurse-Managed Health Clinic Week. the United States of a triad of strategic nuclear de- Page S7277 livery systems. Pages S7136–38 D977

VerDate Mar 15 2010 07:50 Nov 30, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29NO2.REC D29NOPT1 jbell on DSK7SPTVN1PROD with D978 CONGRESSIONAL RECORD — DAILY DIGEST November 29, 2012 Levin (for Barrasso) Amendment No. 3083, to au- United States combat and military and security oper- thorize the Secretary of Defense to maintain the ations to the Government of Afghanistan. readiness and flexibility of the intercontinental bal- Pages S7148–49, S7151–52 listic missile force. Pages S7136–38 Blumenthal Modified Amendment No. 3124, to By a unanimous vote of 95 yeas (Vote No. 208), prevent human trafficking in government con- Cornyn Amendment No. 3158, to require the Sec- tracting. Pages S7152–54 retary of Veterans Affairs to submit to Congress a Inhofe Amendment No. 2972, to express the sense plan to reduce the current backlog of veterans of Congress that the bugle call commonly known as claims. Pages S7143–44, S7145 ‘‘Taps’’ should be designated as the National Song of By 54 yeas to 41 nays (Vote No. 209), Hagan Military Remembrance. Page S7154 Amendment No. 3095, to strike the prohibition on By 66 yeas to 29 nays (Vote No. 211), Gillibrand biofuel refinery construction. Pages S7144–45, S7145–46 Modified Amendment No. 3058, to provide for cer- Portman Amendment No. 2995, to enhance au- tain treatment of autism under the TRICARE pro- thorities relating to the admission of defense industry civilians to certain Department of Defense edu- gram. Pages S7156–58 Portman/Akaka Amendment No. 2956, to require cational institutions and programs. Page S7149 Levin (for Webb) Amendment No. 2948, to ex- a report on Department of Defense efforts to stand- tend the authority to provide a temporary increase in ardize educational transcripts issued to separating rates of basic allowance for housing under certain members of the Armed Forces. Page S7159 circumstances. Page S7149 Whitehouse Amendment No. 3180, to provide for Levin (for Sessions) Amendment No. 2962, to ex- scientific frameworks with respect to recalcitrant press the sense of Congress on the submittal to Con- cancers. Pages S7162–64 gress of the homeland defense hedging policy and Levin (for Lieberman) Modified Amendment No. strategy of the Secretary of Defense. Pages S7149–50 3090, to improve the provision of assistance to fire Levin (for Inhofe) Amendment No. 2971, to ex- departments and to reauthorize the United States press the sense of the Senate on the protection of Fire Administration. Pages S7169–74 Department of Defense airfields, training airspace, Levin (for McCaskill) Amendment No. 2929, to and air training routes. Pages S7149–50 improve authorities and limitations relating to war- Levin (for Casey) Amendment No. 2986, to re- time contracting and other acquisition-related provi- quire contractors to notify small business concerns sions. Pages S7174–75 that they have been included in offers relating to Levin (for McCaskill) Amendment No. 2942, to contracts let by Federal agencies. Pages S7149–50 expand whistleblower protections to non-Defense Levin (for Murray/Burr) Amendment No. 2989, to contractor and grantee employees. Pages S7174–76 extend the authority of the Secretary of Veterans Af- Levin (for Boxer/Coburn) Amendment No. 3230, fairs and the Secretary of Labor to carry out a pro- to reauthorize and modify the responsibilities of the gram of referral and counseling services to veterans United States Advisory Commission on Public Di- at risk of homelessness who are transitioning from plomacy through fiscal year 2014. Pages S7174–76 certain institutions. Pages S7149–50 Levin (for Vitter) Amendment No. 3085, to re- Levin (for Hatch/Lee) Amendment No. 2966, to quire additional elements in the plan on the ration- reauthorize and expand the multi-trades demonstra- alization of cyber networks and cyber personnel of tion project. Pages S7174–76 the Department of Defense. Pages S7149–50 Levin (for Inhofe) Amendment No. 2973, to ex- Levin (for Coburn) Amendment No. 3110, to re- press the sense of the Senate on training of mental quire a report on the balances carried forward by the health counselors for members of the Armed Forces, Department of Defense at the end of fiscal year veterans, and their families. Pages S7174–76 2012. Pages S7149–50 Levin (for Boxer) Amendment No. 2980, to re- Levin (for Manchin) Amendment No. 3166, to require an Inspector General of the Department of De- quire a report on the future of family support pro- fense report on allowable costs of compensation of grams of the Department of Defense. Pages S7149–50 employees of Department of Defense contractors. Levin (for Boxer) Amendment No. 2981, to pro- Pages S7174–77 hibit the issuance of a waiver for commissioning or Levin (for Casey/Begich) Amendment No. 2994, enlistment in the Armed Forces for any individual to require a report on a program on the return of convicted of a felony sexual offense. Pages S7149–51 rare earth phosphors from Department of Defense By 62 yeas to 33 nays (Vote No. 210), Merkley fluorescent lighting waste to the domestic rare earth Modified Amendment No. 3096, to express the supply chain. Pages S7174–77 sense of Congress on the accelerated transition of

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Pages S7174–77 the Select Committee on Intelligence and the Com- Levin (for Vitter) Amendment No. 3086, to re- mittee on Foreign Relations of the Senate and the quire assessments by the Air Force of the effects of Permanent Select Committee on Intelligence and the proposed movements of airframes on joint readiness Committee on Foreign Affairs of the House of Rep- training. Pages S7174–77 resentatives to the list of congressional committees Levin (for Shaheen) Amendment No. 3098, to re- to receive the submission of reports on the program quire a report by the suspension and debarment offi- for scientific engagement for nonproliferation. cials of the military departments and the Defense Pages S7196–98 Logistics Agency. Pages S7174–78 Levin (for Wicker) Amendment No. 3220, to ex- Levin (for Coburn) Amendment No. 3186, to re- press the sense of Congress in support of the Israeli quire a study on small arms and ammunition acqui- Iron Dome defensive weapon system. Pages S7196–98 sition. Pages S7174–78 Levin (for Johanns) Amendment No. 3222, to ex- Inhofe (for Coons/Inhofe) Amendment No. 3201, press the expectation of Congress to be consulted by to express the sense of the Senate on ongoing efforts the Secretary of Defense before the Secretary pursues to apprehend or remove Joseph Kony and his top a change in the command status of the United States commanders from the battlefield and end atrocities Cyber Command. Pages S7196–98 perpetuated by his Lord’s Resistance Army. Levin (for Coburn) Amendment No. 3237, to set Pages S7180–81 forth consequences for the failure of the Department Levin (for Durbin) Modified Amendment No. of Defense to obtain audits with an unqualified 3199, to impose sanctions with respect to persons opinion on its financial statements by fiscal year that provide significant financial, material, or tech- 2017. Pages S7196–99 nological support to the rebel group known as M23 Levin Amendment No. 3243, to commend the operating in the Democratic Republic of the Congo. Enduring Strategic Partnership Agreement between Pages S7189–91, S7203–06 the United States of America and the Islamic Re- By 54 yeas to 41 nays (Vote No. 212), Ayotte public of Afghanistan. Pages S7196–S7200 Amendment No. 3245, to prohibit the use of funds Levin (for Lieberman) Amendment No. 3256, to for the transfer or release of certain individuals from require reports from the Comptroller General of the United States Naval Station, Guantanamo Bay, United States on certain aspects of joint professional Cuba. Pages S7178–80, S7191–92 military education. Pages S7196–S7200 By 67 yeas to 29 nays (Vote No. 213), Feinstein Levin (for Cornyn) Amendment No. 3260, to pro- Amendment No. 3018, to clarify that an authoriza- hibit the use of funds to enter into contracts or tion to use military force, a declaration of war, or agreements with Rosoboronexport. Pages S7196–S7200 any similar authority shall not authorize the deten- Levin (for McCain) Amendment No. 3261, to re- tion without charge or trial of a citizen or lawful quire the submittal to Congress of risk assessments permanent resident of the United States. on changes in United States troop levels in Afghani- Pages S7181–88, S7193 stan. Pages S7196–S7200 Levin (for Blumenthal) Amendment No. 2940, to Levin (for Kyl) Amendment No. 3271, to pro- provide certain requirements relating to the retire- mote the development of an adequate, reliable, and ment, adoption, care, and recognition of military stable supply of critical and essential minerals in the working dogs. Page S7196 United States in order to strengthen and sustain the Levin (for Brown (MA)) Amendment No. 3036, to military readiness, national security, and critical in- require reports on the potential security threat posed frastructure of the United States. Pages S7196–S7201 by Boko Haram. Page S7196 Levin (for Webb) Amendment No. 3275, to ex- Levin (for Toomey/Casey) Amendment No. 3064, press the sense of the Senate on the situation in the to require a study on the Bradley Fighting Vehicle Senkaku Islands. Pages S7196–S7201 industrial base. Page S7196 Levin (for Nelson (NE)/Kirk) Amendment No. Levin Amendment No. 3114, to authorize the re- 3279, to express the sense of Congress that external pair, overhaul, and refurbishment of defense articles and independent oversight of the National Nuclear

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BUSINESS MEETING Small Business Administration, after receiving testi- Committee on the Judiciary: Committee ordered mony from Michael Chodos, Associate Administrator favorably reported the following business items: for Entrepreneurial Development, and Sean Greene, H.R. 2471, to amend section 2710 of title 18, Associate Administrator for Investment, and Senior United States Code, to clarify that a video tape serv- Advisor for Innovation Policy, both of the U.S. ice provider may obtain a consumer’s informed, writ- Small Business Administration; David R. Clough, ten consent on an ongoing basis and that consent National Federation of Independent Business, Port- may be obtained through the Internet, with amend- land, Maine; Joshua Etemadi, Construction Bonds, ments; and Inc., Herndon, Virginia, on behalf of the National The nomination of Angela Tammy Dickinson, to Association of Surety Bond Producers; Diana be United States Attorney for the Western District Furchtgott-Roth, Manhattan Institute for Policy Re- of Missouri, Department of Justice. search, Washington, D.C.; Scott Gardiner, Granite CREATING JOBS AND GROWING THE State Economic Development Corporation, Ports- ECONOMY mouth, New Hampshire; Fonda Lindfors New, Qua- ternary Resource Investigations, LLC (QRI), Baton Committee on Small Business and Entrepreneurship: Com- Rouge, Louisiana; and Julie R. Weeks, Womenable, mittee concluded a hearing to examine creating jobs Empire, Michigan. and growing the economy, focusing on legislative proposals to strengthen the entrepreneurial eco- INTELLIGENCE system, including S. 3442, to provide tax incentives Select Committee on Intelligence: Committee held closed for small businesses, improve programs of the Small hearings on intelligence matters, receiving testimony Business Administration, and S. 3638, to establish from officials of the intelligence community. an Office of Entrepreneurial Support within the Committee recessed subject to the call. h House of Representatives Committee Elections: The House agreed to H. Res. Chamber Action 822, electing Members to certain standing commit- Public Bills and Resolutions Introduced: 9 public tees of the House of Representatives. Page H6524 bills, H.R. 6611–6619; and 2 resolutions, H. Res. Senate Message: Message received from the Senate 822–823 were introduced. Page H6535 today appears on page H6507. Additional Cosponsors: Pages H6535–36 Senate Referral: S. 1998 was referred to the Com- Reports Filed: There were no reports filed today. mittee on Homeland Security and the Committee on Speaker: Read a letter from the Speaker wherein he Oversight and Government Reform. Page H6534 appointed Representative Fleischmann to act as Quorum Calls—Votes: One yea-and-nay vote de- Speaker pro tempore for today. Page H6507 veloped during the proceedings of today and appears on page H6523–24. There were no quorum calls. Recess: The House recessed at 10:55 a.m. and re- convened at 12 noon. Page H6513 Adjournment: The House met at 10 a.m. and adjourned at 3:23 p.m. Chaplain: The prayer was offered by the guest chaplain, Reverend Dr. Leslie Callahan, St. Paul’s Baptist Church, Philadelphia, PA. Pages H6513–14 Committee Meetings STEM Jobs Act of 2012—Rule for Consideration: ROLE OF RECEIVERS IN A SPECTRUM The House agreed to H. Res. 821, the rule that is SCARCE WORLD providing for consideration of H.R. 6429, to amend Committee on Energy and Commerce: Subcommittee on the Immigration and Nationality Act to promote in- Communications and Technology held a hearing en- novation, investment, and research in the United titled ‘‘The Role of Receivers in a Spectrum Scarce States and to eliminate the diversity immigrant pro- World’’. The testimony was heard from Ron Repasi, gram, by a yea-and-nay vote of 243 yeas to 170 Deputy Chief, Office of Engineering and Tech- nays, Roll No. 611, after the previous question was nology, Federal Communications Commission; and ordered without objection. Pages H6517–24 public witnesses.

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EXAMINING THE IMPACT OF THE a hearing on H.R. 511, to amend title 18, United PROPOSED RULES TO IMPLEMENT BASEL States Code, to prohibit the importation of various III CAPITAL STANDARDS injurious species of constrictor snakes. Testimony Committee on Financial Services: Subcommittee on Fi- was heard from public witnesses. nancial Institutions and Consumer Credit; and Sub- committee on Insurance, Housing and Community IDENTITY THEFT AND TAX FRAUD: Opportunity held a joint hearing entitled ‘‘Exam- GROWING PROBLEMS FOR THE INTERNAL ining the Impact of the Proposed Rules to Imple- REVENUE SERVICES, PART 4 ment Basel III Capital Standards’’. Testimony was Committee on Oversight and Government Reform: Sub- heard from George French, Deputy Director, Divi- committee on Government Organization, Efficiency sion of Risk Management Supervision, Federal De- and Financial Management held a hearing entitled posit Insurance Corporation; Michael S. Gibson, Di- ‘‘Identity Theft and Tax Fraud: Growing Problems rector, Division of Banking Supervision and Regula- for the Internal Revenue Services, Part 4’’. Testi- tion, Board of Governors of the Federal Reserve Sys- mony was heard from Beth Tucker, Deputy Com- tem; John Lyons, Chief National Bank Examiner, missioner for Operations Support, Internal Revenue Office of the Comptroller of the Currency; and pub- Service; J. Russell George, Inspector General, Treas- lic witnesses. ury Inspector General for Tax Administration; Nina THE FUTURE OF MONEY: DOLLARS AND E. Olson, National Taxpayer Advocate, Internal Rev- SENSE enue Service; and James R. White, Director, Stra- tegic Issues, Government Accountability Office. Committee on Financial Services: Subcommittee on Do- mestic Monetary Policy and Technology held a hear- A LOOK INTO THE FEDERAL RESPONSE TO ing entitled ‘‘The Future of Money: Dollars and RISING RATES OF AUTISM Sense’’. Testimony was heard from Richard A. Peter- son, Deputy Director, United States Mint; Lorelei St. Committee on Oversight and Government Reform: Full James, Director, Physical Infrastructure Issues, Gov- Committee held a hearing entitled ‘‘1 in 88 Chil- ernment Accountability Office; and public witnesses. dren: A Look Into the Federal Response to Rising Rates of Autism’’. Testimony was heard from Alan ISRAEL’S RIGHT TO DEFEND ITSELF: Guttmacher, Director, Eunice Kennedy Shriver Na- IMPLICATIONS FOR REGIONAL SECURITY tional Institute of Child Health and Human Devel- AND U.S. INTERESTS opment, National Institutes of Health; Coleen Boyle, Committee on Foreign Affairs: Full Committee held a Director of the National Center on Birth Defects and hearing entitled ‘‘Israel’s Right to Defend Itself: Im- Developmental Disabilities, Centers for Disease Con- plications for Regional Security and U.S. Interests’’. trol and Prevention; and public witnesses. Testimony was heard from public witnesses. MISCELLANEOUS MEASURE HOW BEST TO IMPROVE OUR NATION’S AIRPORT PASSENGER SECURITY SYSTEM Committee on Foreign Affairs: Subcommittee on the THROUGH COMMON SENSE SOLUTIONS Western Hemisphere held a markup on H.R. 1798, to prevent foreign states that do business, issue secu- Committee on Transportation and Infrastructure: Sub- rities, or borrow money in the United States, and committee on Aviation held a hearing entitled ‘‘How then fail to satisfy United States court judgments to- Best to Improve our Nation’s Airport Passenger Se- taling $100,000,000 or more based on such activi- curity System Through Common Sense Solutions’’. ties, from inflicting further economic injuries in the Testimony was heard from John Pistole, Adminis- United States, from undermining the integrity of trator, Transportation Security Administration; United States courts, and from discouraging respon- Charles K. Edwards, Acting Inspector General, De- sible lending to poor and developing nations by un- partment of Homeland Security; Steve Lord, Direc- dermining the secondary and primary markets for tor, Homeland Security and Justice Issues, Govern- sovereign debt. The bill was forwarded, as amended. ment Accountability Office; and public witnesses. LEGISLATIVE MEASURE Committee on Natural Resources: Subcommittee on Joint Meetings Fisheries, Wildlife, Oceans and Insular Affairs held No joint committee meetings were held.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Friday, November 30 9 a.m., Friday, November 30

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: Consideration of H.R. 6429— of S. 3254, National Defense Authorization Act. At ap- STEM Jobs Act of 2012. proximately 9:30 a.m., Senate will vote on or in relation to Sessions Amendment No. 3009, Cardin Amendment No. 3025, Menendez Amendment No. 3232, and Nelson (FL) Amendment No. 3073.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E1848 Rangel, Charles B., N.Y., E1832, E1835, E1837, E1840, King, Peter T., N.Y., E1832 E1842, E1844, E1847 Boren, Dan, Okla., E1831 Lee, Barbara, Calif., E1849 Sarbanes, John P., Md., E1849 Brady, Robert A., Pa., E1848, E1850 McCaul, Michael T., Tex., E1837 Sessions, Pete, Tex., E1832 Burgess, Michael C., Tex., E1849 McCollum, Betty, Minn., E1835 Terry, Lee, Nebr., E1840 Butterfield, G.K., N.C., E1848 McIntyre, Mike, N.C., E1846 Thompson, Bennie G., Miss., E1833, E1836, E1839, Calvert, Ken, Calif., E1844, E1850 Miller, George, Calif., E1845 Clyburn, James E., S.C., E1848 Miller, Jeff, Fla., E1831 E1840, E1843 Farr, Sam, Calif., E1831 Pallone, Frank, Jr., N.J., E1848 Waxman, Henry A., Calif., E1850 Fitzpatrick, Michael G., Pa., E1831 Perlmutter, Ed, Colo., E1832, E1835, E1836, E1837, Woolsey, Lynn C., Calif., E1846, E1850 Gallegly, Elton, Calif., E1841, E1849, E1851 E1839, E1840, E1841, E1844, E1846, E1847 Jackson Lee, Sheila, Tex., E1834, E1836, E1839, E1841, Poe, Ted, Tex., E1834, E1837, E1839 E1843 Price, David E., N.C., E1846

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