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

Vol. 158 WASHINGTON, TUESDAY, NOVEMBER 13, 2012 No. 144 House of Representatives The House met at noon and was PLEDGE OF ALLEGIANCE THE TRUTH ABOUT BENGHAZI called to order by the Speaker. The SPEAKER. Will the gentleman (Mr. KUCINICH asked and was given f from South Carolina (Mr. WILSON) permission to address the House for 1 PRAYER come forward and lead the House in the minute.) Mr. KUCINICH. We put together a bi- The Chaplain, the Reverend Patrick Pledge of Allegiance. Mr. WILSON of South Carolina led partisan congressional coalition to try J. Conroy, offered the following prayer: to stop the war in Libya. That four Loving and gracious God, we give the Pledge of Allegiance as follows: Americans, including our ambassador, You thanks for giving us another day. I pledge allegiance to the Flag of the As the Members of the people’s House United States of America, and to the Repub- were killed confirmed our worst fears: regather after our biennial elections, lic for which it stands, one nation under God, that American power was being used to may Your spirit of peace descend upon indivisible, with liberty and justice for all. open the door for jihadists, creating them. As the 112th Congress moves to- more instability in the region. ward a close, may all here attend to f Congress still doesn’t know why our the business at hand, providing what is people in Libya were left vulnerable. needed for the benefit of our Nation. SEQUESTRATION IS TARGETING We still don’t know why the U.S. mili- May all Members, regardless of the OUR MILITARY tary was not sent to their defense. It is of the highest importance that General outcome of the election, trust that (Mr. WILSON of South Carolina their future service, be it in the House Petraeus, who led the CIA at the time, asked and was given permission to ad- be brought before Congress to testify or not, will be imbued with Your grace. dress the House for 1 minute and to re- May they be confident that Americans as to what really happened in vise and extend his remarks.) Benghazi, whether there was a security of goodwill are grateful for their serv- Mr. WILSON of South Carolina. Mr. ice in the past and wish them well into lapse or whether the administration Speaker, yesterday with Veterans Day, temporized on security and stood down the future. our country celebrated and remem- We ask Your blessing as well on to mollify violent, disparate groups bered the brave men and women who which have nothing in common with those newly elected who will be joining have served in our Armed Forces, dedi- this assembly for the 113th Congress. our Nation. cating their lives to protecting our U.S. involvement in Libya is a dis- May their transition into office be freedom and keeping American fami- smooth and marked by the civility of aster, compounded by the deaths of lies safe. Unfortunately, sequestration four Americans. It is imperative that democratic change of government, is targeting these honorable individ- which is the rightful pride of the we find out the truth about Benghazi, uals and our national security by being wherever it leads, whoever it affects. United States of America. implemented unless taxes are in- And finally, we ask Your blessing on f creased. Defense spending, according to America’s veterans. May our Nation be The Hill newspaper, is 15.1 percent of THE OBAMA ADMINISTRATION faithful to them, providing whatever the budget but is subject to 50 percent CONTINUES TO BLOCK INFORMA- their needs may be after they gave of the cuts. TION years of their lives in service rather Raising taxes during times of eco- than personal gain. They are an inspi- (Mr. BURGESS asked and was given nomic uncertainty limits the creation ration to us. We should not forget nor permission to address the House for 1 of new jobs. America’s small businesses neglect our responsibility to them. minute and to revise and extend his re- May all that is done this day be for should be encouraged to create jobs. marks.) Your greater honor and glory. This will reduce the unsustainable def- Mr. BURGESS. Mr. Speaker, on Sep- Amen. icit. House Republicans were reelected tember 11 of this year, four Americans, last week on the premise of not voting including our United States ambas- f to raise taxes. I support the legislation sador, were killed in an attack at the THE JOURNAL of House Armed Services Committee Benghazi consulate. The SPEAKER. The Chair has exam- Chairman BUCK MCKEON to stop se- On September 25, I sent a letter to ined the Journal of the last day’s pro- questration and promote peace through President Obama regarding the numer- ceedings and announces to the House strength. ous inconsistencies voiced by people his approval thereof. In conclusion, God bless our troops, within his administration and what Pursuant to clause 1, rule I, the Jour- and we will never forget September the they were saying following the attack. nal stands approved. 11th in the global war or terrorism. I have not heard back.

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 01:19 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A13NO7.000 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6330 CONGRESSIONAL RECORD — HOUSE November 13, 2012 On November 1, I emailed the State Mr. DREIER. Mr. Speaker, this being leagues to protect American sov- Department, requesting they speak the first day that we’ve convened since ereignty to support our domestic avia- with me, for more information. Our of- the election, I want to begin by ex- tion industry and vote in favor of H.R. fice emailed every business day and re- pressing my appreciation to our chap- 1956. ceived no response until November 7. lain, Father Conroy, for his very in- f Then, in a scripted response, they re- spiring and thoughtful prayer. COMMUNICATION FROM THE fused my request to speak with me. No Mr. Speaker, we are here this week DEMOCRATIC LEADER one, not one person, is willing to talk to deal with a very important issue. about the details. And I will say that we were all taught The SPEAKER pro tempore (Mr. Since they wouldn’t talk to me in the as kids, better late than never. We’re WOMACK) laid before the House the fol- privacy of my office, let me just ask here because U.S. workers at this point lowing communication from the Honor- them here in a public forum: Why did don’t have access to 140 million poten- able NANCY PELOSI, Democratic Leader: our ambassador die, and how did our tial consumers for their goods and HOUSE OF REPRESENTATIVES, ambassador die? It’s been 2 months. services. I’m talking about the vote Washington, DC, November 13, 2012. You should know. Was it smoke inhala- that we’re going to have on so-called Hon. JOHN BOEHNER, Speaker of the House, tion, or was it some other cause? Was ‘‘Russia Permanent Normal Trade Re- there physical evidence of torture on U.S. Capitol, Washington, DC. lations.’’ DEAR SPEAKER BOEHNER: Pursuant to sec- the ambassador’s body as it was re- Mr. Speaker, Vladimir Putin is not a tion 1238(b)(3) of the Floyd D. Spence Na- turned? And why were the bodies re- good guy. Vladimir Putin has inflicted tional Defense Authorization Act of Fiscal turned to Andrews Air Force Base horrendous human rights policies on Year 2001 (22 U.S.C. 7002), amended by the Di- when protocol dictates they go to the people of Russia. We have seen vision P of the Consolidated Appropriations Dover for the immediate investigation? crony capitalism take hold. And that’s Resolution, 2003 (22 U.S.C. 6901), I am pleased These questions need to be answered. to reappoint Mr. Michael Wessel of Falls why it’s very important, Mr. Speaker, Church, VA, to the United States-China Eco- The State Department needs to be that the United States of America be forthcoming. The administration needs nomic and Security Review Commission. at the table as part of the WTO’s effort Thank you for your attention to this ap- to be forthcoming. to force Russia to live with the rules- I pray this Congress will exercise pointment. based trading system. Sincerely, that authority. Last year we exported $11 billion in NANCY PELOSI, f goods and services to Russia. If we can House Democratic Leader. THE OUTPOURING OF VOLUN- pass PNTR, we will double that to $22 f TEERS IN REBUILDING NEW JER- billion by 2017. RECESS SEY Mr. Speaker, it’s a very important vote. We need to make sure that it’s The SPEAKER pro tempore. Pursu- (Mr. PALLONE asked and was given ant to clause 12(a) of rule I, the Chair permission to address the House for 1 successful this week, and I’m gratified that it’s going to be done in a bipar- declares the House in recess until ap- minute.) proximately 5 p.m. today. Mr. PALLONE. Mr. Speaker, I want- tisan way. Accordingly (at 2 o’clock and 12 min- ed to point out to my colleagues that f utes p.m.), the House stood in recess. the damage in my district and through- out my State in the aftermath of Hur- b 1410 f ricane Sandy was nothing less than EU EMISSIONS TRADING SCHEME b 1702 catastrophic. But I really want to talk PROHIBITION AFTER RECESS about the rebuilding effort today and (Mrs. BLACKBURN asked and was what we need to do over the long term. The recess having expired, the House The amount of outpouring, if you given permission to address the House was called to order by the Speaker pro will, from volunteers, from just regular for 1 minute and to revise and extend tempore (Mr. WOMACK) at 5 o’clock and people in the district, was just over- her remarks.) 2 minutes p.m. Mrs. BLACKBURN. Mr. Speaker, a whelming. I want to thank FEMA. I f want to thank the Red Cross, the Sal- little bit later today the House is going to vote on the European Union Emis- ANNOUNCEMENT BY THE SPEAKER vation Army, and all the different PRO TEMPORE groups that are out there and continue sions Trading Scheme Prohibition Act. to be out there today helping with this This is a bill that is very important to The SPEAKER pro tempore. Pursu- effort. The outpouring of volunteers our civilian and civil aviation opera- ant to clause 8 of rule XX, the Chair from our own district and from New tors. It would block them from partici- will postpone further proceedings Jersey was just incredible. pating in the European Union’s emis- today on motions to suspend the rules Just a few days ago, I remember sion trading scheme. on which a recorded vote or the yeas going to Union Beach, which was one of Now the reason this is important is and nays are ordered, or on which the the towns that was hardest hit, and because of this: according to vote incurs objection under clause 6 of seeing so many people bring in food Bloomberg news, the inclusion of the rule XX. and clothing and cleaning supplies. One airline industry in the EU’s 2005 cap- Record votes on postponed questions guy who owns a pizza place brought in and-trade program will cost U.S. air- will be taken later. a pizza oven and was making pizzas, line companies between—get this— f $10.1- and $39.4 billion from 2012 to 2020. and another guy brought in a TV so EUROPEAN UNION EMISSIONS people could watch TV at the center Now who do you think is going to pay that cost? Consumers are going to pay TRADING SCHEME PROHIBITION where people come to sign up for ACT OF 2011 FEMA. It was just amazing. It showed it. the spirit, if you will, of the people The House has already decided we Mr. MICA. Mr. Speaker, I move to that they were willing to do that. don’t want a cap-and-trade system. We suspend the rules and pass the bill (S. Thank you all again. Obviously, voted against that domestically, so 1956) to prohibit operators of civil air- we’re going to work on rebuilding, why would we want our airline indus- craft of the United States from partici- which is certainly the next step here in try to have to participate in this on an pating in the European Union’s emis- Congress and elsewhere. international basis? MIT economists sions trading scheme, and for other f have looked at it and said the new rule purposes. will increase costs on passengers flying The Clerk read the title of the bill. BETTER LATE THAN NEVER to Europe, all to subsidize their cap- The text of the bill is as follows: (Mr. DREIER asked and was given and-trade systems. S. 1956 permission to address the House for 1 With rising fuel costs and a down Be it enacted by the Senate and House of Rep- minute and to revise and extend his re- economy, we simply cannot afford this. resentatives of the United States of America in marks.) So for these reasons, I urge my col- Congress assembled,

VerDate Mar 15 2010 01:19 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.002 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6331 SECTION 1. SHORT TITLE. Florida (Mr. MICA) and the gentleman fact directed to compensate for emis- This Act may be cited as the ‘‘European from West Virginia (Mr. RAHALL) each sions. It was basically a money-and-tax Union Emissions Trading Scheme Prohibi- will control 20 minutes. grab by European powers and not real- tion Act of 2011’’. The Chair recognizes the gentleman ly accomplishing it. So they put a nice SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS from Florida. title on it and imposed a tax—again, TRADING SCHEME. GENERAL LEAVE unfair—against and in total violation (a) IN GENERAL.—The Secretary of Trans- Mr. MICA. First of all, Mr. Speaker, of international law and U.S. sov- portation shall prohibit an operator of a civil I ask unanimous consent that all Mem- ereignty. aircraft of the United States from partici- So we have tried to work with the pating in the emissions trading scheme uni- bers may have 5 legislative days in laterally established by the European Union which to revise and extend their re- European Union. As the chair of the in EU Directive 2003/87/EC of October 13, 2003, marks and include extraneous mate- Transportation Committee, we led a as amended, in any case in which the Sec- rials on S. 1956. meeting here in Washington with EU retary determines the prohibition to be, and The SPEAKER pro tempore. Is there officials and sat down one floor below in a manner that is, in the public interest, objection to the request of the gen- where I’m standing in March of 2011 taking into account— tleman from Florida? and tried to resolve the differences. We (1) the impacts on U.S. consumers, U.S. There was no objection. actually led a delegation and went to carriers, and U.S. operators; Mr. MICA. Mr. Speaker, I yield my- (2) the impacts on the economic, energy, Brussels, the headquarters of the Euro- and environmental security of the United self such time as I may consume. pean Union; met in Brussels in June States; and Thank you so much, Mr. Speaker and and July of 2011 and further discussed (3) the impacts on U.S. foreign relations, my colleagues, and welcome back. The trying to come to some agreement to including existing international commit- Congress is back in session today, and resolve differences on this matter. ments. I guess all people’s property and wel- And then we took our case, as Mem- (b) PUBLIC HEARING.—After determining fare and everything else is now at risk. bers of the United States Congress, to that a prohibition under this section may be But I’m pleased to be here to help less- the International Civil Aviation Orga- in the public interest, the Secretary must en some of that risk that is a threat hold a public hearing at least 30 days before nization, which is located in Montreal. imposing any prohibition. which has been offered to the United That’s the international civil aviation (c) REASSESSMENT OF DETERMINATION OF States in the form of a European Union group that sets some of the policies PUBLIC INTEREST.—The Secretary— emissions trading scheme. and the standards for international and (1) may reassess a determination under The bill that I propose today is S. national aviation around the world. In subsection (a) that a prohibition under that 1956, which replaces the bill that was fact, in October, a year ago, before we subsection is in the public interest at any passed a year ago in October of 2011, introduced this legislation, we con- time after making such a determination; and and that’s H.R. 2594. That’s legislation (2) shall reassess such a determination vinced I believe it was some 27 or 28 of after— which I authored which basically does the 35 of their governing body to vote (A) any amendment by the European Union the same thing, again, giving the au- in favor of a position we held, which to the EU Directive referred to in subsection thority to prohibit the United States other nations also held. And I think (a); or aircraft and operators of commercial only a small minority of some of the (B) the adoption of any international aviation from participating in the Eu- European Union core nations, in fact, agreement pursuant to section 3(1). ropean Union’s emissions trading prevailed in that vote. So we succeeded (C) enactment of a public law or issuance scheme. of a final rule after formal agency rule- in garnering international support be- Let me take just a minute and ex- cause this isn’t a tax that affects only making, in the United State to address air- plain what this is. Several years ago, craft emissions. the United States, but it affects coun- the European Union and some of the SEC. 3. NEGOTIATIONS. tries around the world. So we had (a) IN GENERAL.—The Secretary of Trans- folks that are honestly concerned many international partners who said portation, the Administrator of the Federal about emissions that come from avia- this is unfair, it’s not properly crafted, Aviation Administration, and other appro- tion, commercial aviation in par- and it lacked transparency and defini- priate officials of the United States Govern- ticular, decided to come up with a tion. ment— scheme or a plan to impose a tax on all (1) should, as appropriate, use their author- aircraft. Now, if this had been done b 1710 ity to conduct international negotiations, within the confines of the European In fact, when we sat with the Euro- including using their authority to conduct international negotiations to pursue a world- Union, I don’t think we would be stand- pean Union counterparts, parliamen- wide approach to address aircraft emissions, ing here. But what they did is really go tarian to parliamentarian, they could including the environmental impact of air- beyond the borders of the European not define exactly what they were craft emissions; and Union and say that any aircraft enter- doing or how they were going to im- (2) shall, as appropriate and except as pro- ing the European Union from another pose this. And I think they’re still at a vided in subsection (b), take other actions nation will be subject to an emissions loss because they don’t have it com- under existing authorities that are in the tax—and not when it reached the bor- pletely settled. public interest necessary to hold operators of ders of the European Union or their So there is some good news on the civil aircraft of the United States harmless from the emissions trading scheme referred states, but from where it departed. horizon. Yesterday, the EU announced to under section 2. So this would be, first of all, counter the postponement of imposing the (b) EXCLUSION OF PAYMENT OF TAXES AND to international agreements. It is also Emissions Trading Scheme to inter- PENALTIES.—Actions taken under subsection a tax that they propose to impose on us national flights until 2014. Now, that’s (a)(2) may not include the obligation or ex- that is unfair in every way, violates a temporary delay of imposition. They penditure of any amounts in the Airport and national agreements that we’ve had, have said that they’d leave some of the Airway Trust Fund established under section and it unilaterally imposes this emis- decision up to ICAO, but ICAO does not 9905 of the Internal Revenue Code of 1986, or amounts otherwise made available to the De- sions trading scheme on all of the set policy for the United States of partment of Transportation or any other countries, including the United States. America. Federal agency pursuant to appropriations It would have a very damaging effect, We are a sovereign Nation, and we Acts, for the payment of any tax or penalty first of all, because it does not do what must, again, I think, defend the posi- imposed on an operator of civil aircraft of it was set up for. The purpose of this tion, our position, our sovereignty and the United States pursuant to the emissions was to try to limit or even compensate concurrence with international trade trading scheme referred to under section 2. for emissions; and the scheme, as pro- agreements that have previously been SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES. posed, did neither. agreed on. We’ve got to hold people’s In this Act, the term ‘‘civil aircraft of the First of all, it would impose a tax on feet to the fire and respect also U.S. United States’’ has the meaning given the the airlines, which would be passed on sovereignty. term under section 40102(a) of title 49, United to consumers, so we would have higher So that’s how we have gotten our- States Code. aviation taxes. Secondly, when they selves into this fix. We have a tem- The SPEAKER pro tempore. Pursu- collected the money, the plan was porary delay; maybe that’s because of ant to the rule, the gentleman from flawed in that the money was not in this legislation that’s up today. But we

VerDate Mar 15 2010 01:19 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A13NO7.002 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6332 CONGRESSIONAL RECORD — HOUSE November 13, 2012 must move forward, I think, in giving sion of ETS application to inter- U.S. aviation operators without the the Secretary of Transportation and national flights as long as a global deal consent of the United States Govern- our officials the ability to thwart this is reached. But Congress must enact ment raises significant legal concerns kind of unfair tax imposed on our car- this bill regardless, to send a strong under international law, including vio- riers, and that’s exactly what this leg- message to the EU that whether the lations of the Chicago Convention and islation does. International Aviation Organization is the U.S.-EU Air Transport Agreement. We’re not doing it by ourselves. We able to act on the EU’s timetable or There are also concerns that the have dozens of other countries that ex- not, the EU’s unilateral scheme is not Emissions Trading Scheme is nothing pressed their opposition. So we join our the proper way to solve a global prob- more than a revenue raiser for the EU colleagues, both Democrat and Repub- lem. Member States, as there is no require- lican, in the committee in bringing for- This bill will protect U.S. airlines ment that EU Member States must use ward this bill. It is modeled after what and all those who rely on them for the funds for anything related to the the House passed in October of 2011. travel and employment from the unjust reduction of emissions by the civil And by passing this bipartisan, bi- effects of the Emissions Trading aviation sector. cameral legislation that the Senate has Scheme. This bill directs the Secretary The EU Emissions Trading Scheme now passed, we are notifying the Euro- of Transportation to prohibit U.S. air- will take money from the airline indus- pean Union that we are not going to lines from participating in the Emis- try that would otherwise be invested in support the scheme and that, in fact, sions Trading Scheme if the Secretary NextGen technologies and the purchase we want a positive outcome. finds that it is in the public interest. of new aircraft, two proven methods for We want a long-term solution, but we The bill also encourages the govern- improving environmental performance will not allow the United States to be ment to continue negotiating with the and reducing emissions. held hostage. The European Union or EU on a resolution, and it prohibits use Airlines for America, an air trans- any other nation or group of nations of the Airport and Aviation Trust port trade association, testified before cannot hold us hostage on these tax Fund, or any appropriated funds, to our Aviation Subcommittee last year and international flight issues. pay penalties to EU countries on behalf that the extraction of capital from the So we’ll work with ICAO, and we’ll of airlines. aviation system, as envisioned under continue to work with the European It ensures that American taxpayers the EU Emissions Trading Scheme, Union and others. And in the mean- will not end up paying the bill for a could threaten over 78,000 American time, I ask my colleagues to support counterproductive emissions scheme jobs. This is unacceptable. But despite serious legal issues and Senate bill 1956. that causes more problems than it objections by the international com- I reserve the balance of my time. solves. I urge my colleagues to support munity, the European Union is press- Mr. RAHALL. Mr. Speaker, I yield this legislation. ing ahead with its plans. In September myself such time as I may consume. I reserve the balance of my time. 2011, 21 countries, including the United I rise in support of S. 1956, a bill to Mr. MICA. Mr. Speaker, I’m pleased States, signed a joint declaration protect America’s airline workers, pas- to yield 6 minutes at this point to the against the EU Emissions Trading sengers, and airlines from an Emissions gentleman from Wisconsin (Mr. PETRI), Scheme in New Delhi, India. Trading Scheme by the European who chairs the Aviation Subcommittee In the last year, there have been sev- Union that flies in the face of the in the House. eral other multinational meetings of international community. Mr. PETRI. I thank my chairman. countries who oppose the scheme, in- In my view, the EU’s proposed Emis- I rise in support of the bill before us, cluding meetings that took place in sions Trading Scheme is inconsistent Senate bill 1956, the European Union Russia and in the United States. with international aviation law and Emissions Trading Scheme Prohibition The bill before us directs the Sec- practice. Additionally, airlines and Act of 2011. retary of Transportation to prohibit labor groups oppose it because it will In January 2012, the European Union U.S. aircraft operators from partici- impose new and unjustified costs on began to unilaterally apply its Emis- pating in this illegal scheme. The bill the industry and destroy American sions Trading Scheme to all civil avia- also directs appropriate U.S. govern- jobs. Rather than solving a serious tion operators landing in or departing ment officials to negotiate a worldwide global problem, the Emissions Trading from one of the EU Member States. approach to address aircraft emissions, Just yesterday, the EU announced it Scheme has created an international and to take appropriate actions to hold was going to postpone the application distraction. U.S. civil operators harmless from the Along with 35 Democratic and Repub- of the Emissions Trading Scheme on EU’s Emissions Trading Scheme. lican colleagues, I was pleased to co- international operators until 2014. sponsor a similar bill last year. As I Prior to that announcement, EU Mem- b 1720 said when the House passed the bill, re- ber States would have required inter- The EU needs to slow down and care- ducing the aviation emissions is a goal national air carriers and operators to fully weigh its decision to include worth pursuing. I do not think anyone pay for emission allowances and, in international civil aviation in its emis- disagrees on that. some cases, penalties for carbon emis- sions trading scheme. A better ap- But the EU’s Emissions Trading sions starting in April of next year. proach would be to work with the Scheme, when applied to U.S. airlines, While this postponement is a good international civil aviation community is the wrong way to achieve the right first step, it is not a total withdrawal through the U.N. International Civil objective. It goes against international of this illegal scheme, and therefore, Aviation Organization to establish con- law and agreements, and it brings the we must press ahead with this bipar- sensus-driven initiatives to reduce hand of European regulators into our tisan legislation to ensure U.S. opera- aviation emissions. own airspace. The EU’s go-it-alone ap- tors and consumers are protected. I am pleased to see movement on the proach is not the way to find a global The EU Emissions Trading Scheme is part of the EU to work with the inter- solution to a global problem. legally questionable in a number of national community at ICAO to seek a A large part of the international ways. First, it applies to the entire global approach to civil aviation emis- community rejects the EU’s approach. length of the flight, including those sions. While the postponement for a The United States has joined more parts of the flight outside the EU’s air- year is a positive sign, it is not enough than 20 other countries in signing two space. For instance, if a flight leaves to ensure U.S. operators will not be declarations pointing out the many Los Angeles to London, taxes would be negatively impacted by the trading fatal flaws in the Emissions Trading levied not just for the portion of the scheme at some point in the future. Scheme, and calling on EU members to flight over the United Kingdom, but Therefore, we are moving forward with rejoin ongoing work within the Inter- also for the portions of the flight over this bipartisan bill to ensure U.S. oper- national Civil Aviation Organization. the United States, Canada, and inter- ators will not ever be subjected to the European leaders appear to be get- national waters. illegal European scheme. ting the message. Just yesterday, EU The European Union’s unilateral ap- I urge my colleagues to support this officials announced a one-year suspen- plication of their emissions scheme to bipartisan, bicameral legislation.

VerDate Mar 15 2010 01:19 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.007 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6333 Mr. RAHALL. Mr. Speaker, I am sion by enacting a retaliatory measure, thority or the discretion to impose pleased to yield 5 minutes to the dis- which will undermine rather than ad- some difference with the European tinguished ranking member on the En- vance progress towards an agreement. Union. You can’t fold the United ergy and Commerce Committee, the There are other serious problems States’ tent here. gentleman from California (Mr. WAX- with this bill. The bill directs the Sec- The other point that was made by MAN). retary of Transportation, if he finds it Mr. WAXMAN was that we aren’t work- Mr. WAXMAN. Thank you very much in the public interest, to bar U.S. air- ing with them. Well, we hosted them for yielding to me. lines from complying with the EU re- right here. We sat and talked to them. Mr. Speaker, I rise in opposition to quirement to control carbon pollution. Then we went to Brussels. We sat and the Thune bill. It also directs the Secretary to hold talked to them. Then we went to Mon- A warmer planet has less ice, higher the U.S. airlines harmless from the re- treal with the ICAO, the International sea levels, more water in the atmos- quirements. If we bar the airlines from Civil Aviation Organization, which phere, more powerful storms, more fre- complying, they will incur steep pen- helped settle some of these matters and quent floods, dryer droughts, and worse alties estimated at over $20 billion by set the standards. When we left, they wildfires. Two weeks ago, Hurricane 2020. The Thune bill then says the gov- voted 26–36 to agree with the United Sandy brought a powerful and tragic ernment is going to have to hold the States. So, in the international body, reminder that the combination of sea airlines harmless from this cost. That they were defeated. level rise and more powerful storms means that taxpayers may be on the This does impose a penalty and a tax can be deadly, devastating and ex- hook for over $20 billion, although the on the United States. It’s unfair. If it’s tremely costly. Hurricane Sandy was bill also limits the use of appropriated within the European Union, that may only the latest and most dramatic in a funds. Or the hold harmless provision be within their discretion to do it, but series of extreme weather events. Over would force the Secretary to use exist- not from the point of departure in the the past 2 years, we’ve had record- ing authority to require European air- United States into the European Union breaking temperatures, the worst lines to pay the fees to compensate the or, for that matter, from any sovereign drought in 50 years, major floods, nu- U.S. airlines. nation. The money doesn’t go to clean merous tornadoes and thunderstorms, Rather than doing something con- it up. I know Mr. WAXMAN loves the en- and vast wildfires. structive about global warming, we are vironment—so do I—but this money This is what global warming looks going to ignite a trade war with the doesn’t go for that purpose. It can be like, and if we continue to ignore it, it Europeans. We ought to be working used for anything. It’s not for engine will soon look far worse. We should be with them in an international context technology; it’s not for the restoration doing all that we can to reduce carbon to do something rather than punish of the environment; and it doesn’t stop pollution and slow global warming, but them if they punish us and have the emissions. the Thune bill, instead, tries to stop ef- taxpayers pay the bill because the Eu- So this bill does represent a bipar- forts to reduce carbon pollution. ropeans have waited 10 years for an tisan, bicameral compromise, but it Specifically, the bill targets the Eu- international agreement and nothing gives us the authority to hold their ropean Union’s requirement that air- has happened. feet to the fire and get a solution. lines modestly reduce their carbon pol- The SPEAKER pro tempore. The I reserve the balance of my time. lution. Aviation is a significant and time of the gentleman has expired. b 1730 fast-growing source of carbon pollu- Mr. RAHALL. I yield the gentleman tion, and talks on an international an additional 30 seconds. Mr. RAHALL. Mr. Speaker, the gen- agreement to control this pollution Mr. WAXMAN. Even if you oppose tleman I’m going to yield to now may have languished for over a decade. So, the EU aviation requirements, the be departing the Congress after this since nothing was happening for 10 Thune bill makes no sense. It’s unnec- session; but we will still value his pro- years, the European Union acted to re- essary and it’s counterproductive, as fessionalism, his expertise, and cer- quire, for the price of only a few dollars the European Union just agreed to tainly his friendship for the very near a ticket—just a small fraction of the delay the requirements targeted by the and distant future. fee that the airlines impose on con- bill. It also risks taxpayer dollars, I’m happy to yield 5 minutes to the sumers just to pay for their bags going threatens to provoke an international gentleman from Illinois (Mr. COS- on the same airplane—that the amount trade war, and jeopardizes U.S. na- TELLO), the once chairman and now of money be imposed unless the air- tional security. ranking member of our Aviation Sub- lines can reduce the contribution to I urge my colleagues to oppose this committee on Transportation. global warming. unnecessary and misguided bill. Mr. COSTELLO. I thank the ranking These environmental requirements Mr. MICA. Mr. Speaker, might I just member for yielding, and I thank him are no more a violation of national sov- inquire as to how much time remains for his kind words and his friendship, ereignty than the aviation safety and on both sides? as well. security requirements imposed over- The SPEAKER pro tempore. The gen- Mr. Speaker, I rise in support of S. seas by the United States or the taxes tleman has 61⁄2 minutes remaining. 1956, a bill that will protect U.S. air- on aviation imposed by other nations. There are 111⁄2 minutes remaining on lines, their employees, and passengers Everyone, including the European the other side. from an overreaching law of the Euro- Union, agrees it would be better to ad- Mr. MICA. I yield myself 2 minutes. pean Union that unfairly charges U.S. dress this issue on aviation from a Mr. Speaker, I have the greatest re- airlines for emissions in U.S. airspace global basis rather than through re- spect for Mr. WAXMAN and his leader- on flights between the United States gional requirements. ship on many issues. Some of them we and Europe. The Obama administration Last week, international negotia- agree on—we’re both art lovers and we has taken a strong stance against the tions made progress on developing such both have great wives—but I have to EU’s emission trading scheme on the an alternative to the EU requirements. disagree with him on a couple of grounds it is inconsistent with inter- In response, the European Union an- points. First, I’d have to disagree with national aviation law and practice. Ad- nounced yesterday that it would delay him on some of the climate statements ditionally, airlines and labor groups the enforcement of the aviation re- that he made. I could spend the rest of also oppose it because it will impose an quirements for a year in order to cre- the time debating that, but that’s not unjustified cost on the industry and de- ate a positive atmosphere and facili- what is before us. stroy American jobs. tate progress on global alternatives. What is before us is legislation that I’m pleased to note that just yester- That makes the Thune bill unneces- actually gives the administration and day, as you heard already, the Euro- sary. The airlines now do not have to the Secretary of Transportation the pean leaders said that they would sus- comply with the EU requirements for authority and also the discretion to pend application of the ETS to inter- at least a year and a half. The Thune work on this issue. If you don’t have national flights for a year, pending a bill is counterproductive. It would re- the backing of Congress, how can he global agreement on international spond to the European Union’s conces- negotiate? He wouldn’t have the au- emissions at the U.N. International

VerDate Mar 15 2010 01:19 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.009 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6334 CONGRESSIONAL RECORD — HOUSE November 13, 2012 Civil Aviation Organization, but that from the Air Line Pilots Association, bipartisan, bicameral solution that will announcement in no way weakens the the Airports Council International, the accomplish the goal we set out. case for passing this bill. We must send American Society of Travel Agents, Again, I ask my colleagues to vote in a strong message to the EU that, re- the Transportation Trades Depart- support of S. 1956, and I’m pleased to gardless of whether ICAO delivers on a ment, the AFL–CIO, the U.S. Chamber yield back the balance of my time. deal on the EU’s timetable, the U.S. of Commerce, the U.S. Travel Associa- The SPEAKER pro tempore (Mr. Government opposes the EU’s unilat- tion, and the Independent Pilots Asso- WHITFIELD). The question is on the mo- eral local solution to a global problem. ciation, among many other groups that tion offered by the gentleman from This bill is similar to the bill that have sent a ‘‘dear colleague’’ to all of Florida (Mr. MICA) that the House sus- passed the House last year, a bill that us. pend the rules and pass the bill, S. 1956. I was pleased to cosponsor, along with To reiterate what I said in my open- The question was taken; and (two- Chairman MICA, Ranking Member ing comments, the European Union’s thirds being in the affirmative) the RAHALL, Chairman PETRI, and 32 other ETS will do nothing to decrease avia- rules were suspended and the bill was Democratic and Republican Members. tion emissions. The solution to de- passed. Similar to the House bill, this bill calls creasing aviation emissions lies in an A motion to reconsider was laid on upon the Department of Transpor- international agreement currently pro- the table. tation to prohibit U.S. airlines from gressing through the International f participating in the emissions trading Civil Aviation Organization that is STREAMLINING CLAIMS PROC- scheme. This bill further protects our slated for consideration October 2013 at ESSING FOR FEDERAL CON- national interest by ensuring that both that body’s triennial assembly. TRACTOR EMPLOYEES ACT airlines and U.S. taxpayers are held With that, I urge my colleagues to harmless from the emissions trading support the pending legislation and Mr. WALBERG. Mr. Speaker, I move scheme. commend Chairman MICA and Sub- to suspend the rules and pass the bill I congratulate my friends Senator committee Chairman PETRI and our (H.R. 6371) to amend title 40, United THUNE and Senator MCCASKILL for hav- Ranking Member COSTELLO for all of States Code, to transfer certain func- ing championed this legislation in the the hard work that they have put into tions from the General Accountability other body. This bill sends a strong this legislation, and I yield back the Office to the Department of Labor re- message from Congress that we do not balance of my time. lating to the processing of claims for support what the EU is doing for a va- Mr. MICA. I yield myself the balance the payment of workers who were not riety of reasons. of my time. paid appropriate wages under certain As I noted last year in our Aviation Mr. Speaker, again I’d urge my col- provisions of such title. Subcommittee hearing on the emis- leagues to pass S. 1956. The Clerk read the title of the bill. sions trading scheme, and again on the This does represent an honest effort The text of the bill is as follows: House floor when the House passed its to find a solution to deal with global H.R. 6371 own bill, climate change is a global emissions. They are a problem. We Be it enacted by the Senate and House of Rep- problem that requires a global solu- have tried to work with our European resentatives of the United States of America in tion. Working through ICAO, the Union counterparts. Again, we’ve had Congress assembled, United States is committed to finding meetings nonstop. When some of this SECTION 1. SHORT TITLE. issue began, we went there and talked. This Act may be cited as the ‘‘Stream- a global solution to address aviation lining Claims Processing for Federal Con- emissions based on consensus. I’m opti- We took it to the international body of tractor Employees Act’’. mistic that the global agreement can, ICAO. They voted 26–36 to side with the SEC. 2. TRANSFER OF ADMINISTRATIVE AUTHOR- in fact, be reached. United States’ position; but sometimes ITY TO THE DEPARTMENT OF More than 20 other international in this business, you have to bring LABOR. partners have joined the United States things to a head. (a) AUTHORITY OF COMPTROLLER GENERAL in producing strong declarations call- We passed this legislation a year ago TO PAY WAGES AND LIST CONTRACTORS VIO- LATING CONTRACTS.—Section 3144 of title 40, ing on the EU to come back to the with bipartisan support—Mr. COS- United States Code, is amended— TELLO, Mr. RAHALL, our side of the table and to work on an international (1) in the section heading, by striking ‘‘of plan. aisle. It was a little bit tougher meas- Comptroller General’’; and At the same time, we must recognize ure than what has come from the Sen- (2) in subsection (a)(1), by striking ‘‘Comp- that our own government and airlines ate. The Senate did give discretion to troller General’’ and inserting ‘‘Secretary of are doing the right thing to reduce the DOT Secretary and the administra- Labor’’. harmful carbon emissions. The FAA tion so that they had both the author- (b) REPORT OF VIOLATIONS AND WITH- and the airline industry are investing ity and also the discretion to act. HOLDING OF AMOUNTS FOR UNPAID CONTRACTS billions of dollars in the NextGen air I don’t think yesterday that the Eu- AND LIQUIDATED DAMAGES.—Section 3703(b)(3) ropean Union would have deferred to of title 40, United States Code, is amended by traffic upgrades, and the FAA plans to striking ‘‘Comptroller General’’ both places reduce emissions by 2 percent through ICAO for a year if we hadn’t pressed it appears and inserting ‘‘Secretary of these improvements. Further, U.S. air- this; but we do need to bring folks to- Labor’’. lines improved fuel efficiency by ap- gether of goodwill, find a solution, The SPEAKER pro tempore. Pursu- proximately 110 percent since 1978. something that is fair. And if we do ant to the rule, the gentleman from want to clean up the environment and From 2000 to 2009, U.S. carriers reduced Michigan (Mr. WALBERG) and the gen- we want to have people pay a penalty fuel burn and carbon emissions by 15 tleman from Virginia (Mr. SCOTT) each percent while carrying 7 percent more for polluting, then we should ensure will control 20 minutes. passengers. NextGen will help aircraft that that money goes back into clean- The Chair recognizes the gentleman operators save money and, in fact, save ing up the pollution or at least devel- from Michigan. more than 1.4 billion gallons of fuel, oping the technology or offsetting the cutting the carbon emissions by nearly damage that’s being done. The current b 1740 14 million tons by 2018. scheme—and it is a scheme, which I GENERAL LEAVE Mr. Speaker, I’m pleased to support have a definition of ‘‘scheme’’ here. A Mr. WALBERG. Mr. Speaker, I ask this legislation. I urge my colleagues scheme is a systematic plan of action, unanimous consent that all Members to support it. a secret, or devious plan, a plot. That’s may have 5 legislative days in which to Mr. MICA. Mr. Speaker, we don’t not what we need to do here. We do revise and extend their remarks on have any further speakers on our side, need to work together, find a solution H.R. 6371. and I reserve the balance of my time to that’s fair for sovereign nations and The SPEAKER pro tempore. Is there close. also accomplishes the laudable goal objection to the request of the gen- Mr. RAHALL. Mr. Speaker, I yield that we all set out to do. tleman from Michigan? myself the balance of my time. I’m glad I helped force the issue. I ap- There was no objection. In conclusion, let me again reiterate preciate my colleagues joining in this Mr. WALBERG. Mr. Speaker, I yield the support that this legislation has effort, and I think this is a reasonable myself such time as I may consume.

VerDate Mar 15 2010 01:28 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.011 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6335 The bill before us will take a small public service. While we may differ on gentleman from Michigan for intro- yet important step toward greater effi- a range of issues, no one can question ducing the bill. ciency in Federal construction con- her strong commitment to working Mr. Speaker, I yield back the balance tracting. For more than 80 years, Fed- families. I wish Representative WOOL- of my time. eral contractors have been required to SEY and her family all the best in the Mr. WALBERG. Mr. Speaker, I yield pay workers the locally prevailing years ahead, and may they be long and myself the balance of my time. wage. Additionally, since 1961, those filled with good health. The American people expect us to do same workers have been entitled to one I reserve the balance of my time. all we can to promote better efficiency and a half times their basic rate of pay Mr. SCOTT of Virginia. I yield myself within the Federal Government. Wash- for every hour worked that exceeds 40 such time as I may consume. ington allocates hundreds of billions of hours per week. First, Mr. Speaker, I would like to dollars each year on construction While the Department of Labor is ob- associate myself with the kind remarks projects, affecting the lives of workers ligated to enforce these laws, the Gov- about the gentlelady from California. and employers across the country. We ernment Accountability Office has long She has had an excellent career in Con- should never allow unnecessary bu- been responsible for processing claims gress, and has elected not to return. We reaucracy to squander taxpayer re- of workers being denied their appro- will certainly miss her and her advo- sources or stand between workers and priate wages. If a Labor Department cacy for those most in need. the wages they have earned. I urge my investigation determines a contractor Mr. Speaker, I rise in support of the colleagues to support H.R. 6371, the has not been paid the appropriate pending legislation. H.R. 6371, the Streamlining Claims Processing for wage, the names of affected employees Streamlining Claims Processing for Federal Contractor Employees Act. are sent to the GAO by the department. Federal Contractor Employees Act, I yield back the balance of my time. The GAO then ensures underpaid work- will transfer certain responsibilities The SPEAKER pro tempore. The ers receive the compensation they are for overseeing and administering the question is on the motion offered by due. The GAO’s responsibility in this Davis-Bacon Act from the Government the gentleman from Michigan (Mr. process is purely administrative. The Accountability Office to the Depart- WALBERG) that the House suspend the GAO makes no determination on the ment of Labor. rules and pass the bill, H.R. 6371. merit of each claim nor does it have Mr. Speaker, I agree with the gen- The question was taken. the authority to question the judgment tleman from Michigan that this is a The SPEAKER pro tempore. In the of the Labor Department. In fact, the sensible and technical fix since the De- opinion of the Chair, two-thirds being GAO doesn’t even directly deliver to partment of Labor is responsible for in the affirmative, the ayes have it. workers their lost wages. Instead, that many aspects of enforcing prevailing Mr. WALBERG. Mr. Speaker, on that responsibility is vested with the De- wage law. This change will allow for I demand the yeas and nays. partment of Treasury. greater efficiency in the Davis-Bacon The yeas and nays were ordered. While claims processing was once prevailing wage protections and will The SPEAKER pro tempore. Pursu- routine business for the GAO, this au- help ensure that workers receive un- ant to clause 8 of rule XX, further pro- thority has increasingly transitioned paid wages as quickly as possible. ceedings on this question will be post- to the executive agencies charged with The gentleman from Michigan has poned. enforcing the law, such as the Depart- pointed out that we should always pro- f ment of Defense involving matters of mote streamlined and efficient govern- military pay. Additionally, personnel ment. That’s why I’m particularly dis- SPACE LAUNCH LIABILITY changes within the GAO are making it appointed that this bill does not also PROVISIONS EXTENSION more difficult for the agency to meet transfer GAO’s debarment authority Mr. PALAZZO. Mr. Speaker, I move this responsibility. Key staff members under the Davis-Bacon Act. Moving to suspend the rules and pass the bill have retired and more are expected to that additional function would place (H.R. 6586) to extend the application of do so at any time. The GAO should not more enforcement functions under one certain space launch liability provi- have to undertake this administrative roof. sions through 2014. burden any longer. Mr. Speaker, I support Davis-Bacon The Clerk read the title of the bill. H.R. 6371 will transfer this payment because it provides protections to con- The text of the bill is as follows: authority from the GAO to the Depart- tractors and subcontractors working H.R. 6586 ment of Labor, thereby reducing un- on federally funded contracts. The Be it enacted by the Senate and House of Rep- necessary bureaucracy and ensuring most obvious protection is that it re- resentatives of the United States of America in workers receive their compensation in quires all contractors and subcontrac- Congress assembled, a timely manner. By reforming the tors to pay the prevailing wage, deny- SECTION 1. EXTENSION. claims process, we can remove ing unfair competition to those con- Section 50915(f) of title 51, United States redundancies and promote greater effi- tractors who underpay their employ- Code, is amended by striking ‘‘December 31, ciency within the Federal Government. ees. Davis-Bacon protections prevent 2012’’ and inserting ‘‘December 31, 2014’’. I urge my colleagues to support the government spending from driving The SPEAKER pro tempore. Pursu- Streamlining Claims Processing for down living standards. Improved pro- ant to the rule, the gentleman from Federal Contractor Employees Act. ductivity on projects with prevailing Mississippi (Mr. PALAZZO) and the gen- Before I conclude, I would like to wage application offsets higher wages. tleman from Illinois (Mr. COSTELLO) take a moment to recognize a distin- Furthermore, better-skilled workers each will control 20 minutes. guished colleague who will soon be en- attracted by the higher wages are like- The Chair recognizes the gentleman joying a well-deserved retirement. I ly to complete the jobs more effi- from Mississippi. wish she were with us this evening, but ciently and with higher-quality work. b 1750 travel arrangements don’t always work Studies have shown that construction out as planned. Since 1993, Representa- workers in prevailing wage States GENERAL LEAVE tive LYNN WOOLSEY has proudly rep- produce 13 to 15 percent more value Mr. PALAZZO. Mr. Speaker, I ask resented the people of California’s added from their work compared to unanimous consent that all Members Sixth Congressional District. Her per- workers in States without prevailing may have 5 legislative days to revise sonal story has informed her work in wage laws. and extend their remarks and to in- public office, as well as inspired many Now I recognized that everyone does clude extraneous material on H.R. 6586, of her colleagues on Capitol Hill, my- not agree with the underlying prin- the bill now under consideration. self included. ciples of the Davis-Bacon Act. How- The SPEAKER pro tempore. Is there I have had the opportunity over the ever, regardless of one’s position on the objection to the request of the gen- last 2 years to work closely with Rep- underlying law, we can all agree that tleman from Mississippi? resentative WOOLSEY on the Sub- the law ought to be administered as ef- There was no objection. committee on Workforce Protections ficiently as possible. That’s why I rise Mr. PALAZZO. Mr. Speaker, I yield and witness firsthand her passion for in support of H.R. 6371, and thank the myself such time as I may consume.

VerDate Mar 15 2010 01:28 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.015 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6336 CONGRESSIONAL RECORD — HOUSE November 13, 2012 I want to begin by thanking Members only for third-party claims and only not updated the program since its in- for their bipartisan support of this leg- for amounts that exceed the maximum ception in 1988. This has resulted in an islation. probable loss determined by the Office increased liability exposure for the H.R. 6586 is a very simple bill. It ex- of Commercial Space Transportation. U.S. taxpayer, and that exposure grows tends for 2 years a commercial space Mr. Speaker, our commercial space every year. I am concerned that tax- transportation risk-sharing and liabil- launch industry needs this extension. payer liability exposure is growing at ity regime that was established by While there are only a small number of the same time the industry and its as- Congress in 1988 with passage and en- commercial launches occurring today sociated insurance market is maturing. actment of the Commercial Space from domestic spaceports, this is about One would tend to think that the oppo- Launch Act Amendments. The struc- to change. site should be the case. I hope that we ture of the liability regime is modeled First, NASA relies on commercial can begin to address these issues before on the Price-Anderson Act that gov- providers to carry cargo, and eventu- the next extension is necessary in 2014. erns risk-sharing for the nuclear power ally crew, to and from the inter- I want to thank Chairman HALL and industry. national space station. SpaceX has al- Subcommittee Chairman PALAZZO for There are several features of the ready flown its first mission to ISS working with us on this bill, and I re- Commercial Space Launch Act Amend- earlier this fall, and together with Or- serve the balance of my time. ments, but one that is central to to- bital Sciences Corporation, these two Mr. PALAZZO. Mr. Speaker, I yield 3 day’s debate is indemnifying commer- companies are under contract to com- minutes to the gentleman from Texas, cial launch and reentry operators plete 20 cargo missions before the end Chairman HALL of the Science, Space, against catastrophic losses suffered by of 2016. and Technology Committee. the uninvolved public, or ‘‘third par- Secondly, commercial manned Mr. HALL. Mr. Speaker, I, of course, ties.’’ spaceflights—orbital and suborbital— rise in support of H.R. 6586, to extend Since 1988, the Office of Commercial will require indemnification in order to the application of certain space launch Space Transportation has licensed launch from U.S. spaceports. While it’s liability regimes. Everybody is hoping that the House more than 200 commercial space not clear when these types of services won’t be divided, that we’re all going launches and three reentries without will begin, just like today’s commer- to work together. This is a good chance any claims for Federal coverage for cial communications satellite cus- to show them that we are all together loss of life, serious injury, or signifi- tomers, launch customers will rely on cant property claims. The 1988 Act was on a good bill. an indemnification regime for third- Commercial launch in the United driven in part by the emergence of for- party claims, or the business is at risk States has a very enviable record. Our eign launch services companies that of going offshore. rockets are highly reliable, and were made competitive through gov- I urge all Members to support this SpaceX, which has flown two Falcon 9 ernment subsidies and preferential for- legislation, and I reserve the balance of rockets to the international space sta- eign national laws, including indem- my time. tion and returned two payloads, is the nification. Mr. COSTELLO. Mr. Speaker, I yield first commercial company to success- Foreign launch companies continue myself such time as I may consume. fully reenter payloads from space. And to be formidable competitors. If this I rise in support of H.R. 6586, to ex- in the next 2 months, Orbital Sciences program were allowed to lapse, it tend the application of certain space Corporation is scheduled to launch its would threaten our domestic market launch liability provisions through new rocket that is designed to carry for launches, as the cost of insurance 2014. cargo to the space station. would significantly increase. First established by Congress as part No matter these successes, our indus- The Office of Commercial Space of the Commercial Space Launch Act try faces serious pricing challenges Transportation, as part of its licensing Amendments of 1988, the commercial from foreign operators. They are able and permitting mission, administers fi- space transportation risk-sharing li- to offer substantially cheaper launch nancial responsibility and risk-sharing ability and insurance regime is a vital costs because of industrial policy and requirements for commercial launch program for the commercial space in- less expensive labor costs. They also and reentry operators. They calculate dustry and has been extended five offer generous indemnification cov- the required amount of financial re- times since its original enactment. erage. In a report released earlier this sponsibility based on the maximum The current extension expires on De- summer, the Government Account- probable loss of the license applicant’s cember 31 of this year, so it is impor- ability Office stated: proposed launch or reentry. In the tant for Congress to act now so that The United States provides less total event there is a catastrophic accident, there is sufficient time for this legisla- third-party liability coverage than China, the operator’s insurance coverage tion to make its way to the President France, or Russia—the primary countries would be first in line. The govern- before the current authority expires. that have conducted commercial space ment’s liability would then cover ex- Under the current three-tier regime, launches in the last 5 years. cess claims above the insured amounts, commercial space launch providers are As Chairman Palazzo mentioned a but not to exceed $2.7 billion. And I required to purchase third-party liabil- few minutes ago, commercial launch also want to note that to trigger Fed- ity insurance to compensate for max- activity in the United States is ex- eral indemnification, the administra- imum probable losses from third-party pected to pick up in the years to come: tion must submit a request to Congress claims up to a level of $500 million. For first through NASA’s reliance on com- for claims in excess of insurance cov- claims above those maximum probable mercial launch companies to ferry erage, and Congress must, in turn, pass losses, the U.S. Government may pay cargo and astronauts to and from the a separate appropriation bill to fund successful liability claims up to $1.5 international space station, and sec- the request. Responsibility for any billion above that insured level subject ond, through the introduction of com- claims above the Federal cap would re- to funds being appropriated by Con- mercial human spaceflight services. vert to the launch or reentry operator. gress for that purpose. Finally, for suc- The bill before us would extend the The Space and Aeronautics Sub- cessful claims above the government indemnification regime for 2 years to committee held two hearings this Con- indemnification, the launch providers December 31, 2014. It’s important that gress examining the activities of the assume responsibility for payment. we pass this bill to ensure that we do Office of Commercial Space Transpor- This risk-sharing regime has been vi- not jeopardize the ability of NASA to tation and the performance of its li- tally important for the development of get cargo flights to the space station or censing and indemnification regime. a commercial space launch industry in inhibit our commercial launch opera- Administration and industry witnesses the United States. Moreover, to date, tors’ ability to compete for future pay- provided compelling evidence that in- the regime has not cost the U.S. Gov- loads. demnification for third-party claims is ernment a penny in third-party claims. The Committee on Science, Space, needed to preserve the U.S. commercial However, I would be remiss if I did and Technology will continue to mon- launch market. I want to reiterate that not note some concerns about the pro- itor the activities of the Office of Com- the Federal Government’s exposure is gram in its current form. Congress has mercial Space Transportation and the

VerDate Mar 15 2010 01:28 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.019 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6337 evolving space launch market to en- lades for the wonderful job they’ve the gentleman from Mississippi (Mr. sure that the current risk-sharing and done for America’s science and space PALAZZO) that the House suspend the liability regime, including indem- programs, as well as for our country as rules and pass the bill, H.R. 6586. nification, is properly structured. a whole. So, thank you both very The question was taken. I thank Chairman PALAZZO of Mis- much. The SPEAKER pro tempore. In the sissippi and Ranking Member COSTELLO I rise in support of H.R. 6586. It ex- opinion of the Chair, two-thirds being of Illinois for sponsoring and sup- tends the commonsense limitations on in the affirmative, the ayes have it. porting this bill, and I urge all Mem- liability exposure for commercial space Mr. PALAZZO. Mr. Speaker, I object bers to support it as well. launches. to the vote on the ground that a Mr. COSTELLO. I continue to reserve A few years ago when I was the chair- quorum is not present and make the the balance of my time. man of the Space and Aeronautics Sub- point of order that a quorum is not Mr. PALAZZO. Mr. Speaker, I yield 2 committee, the FAA was directed to present. minutes to the gentleman from Texas provide an ongoing analysis of the ra- The SPEAKER pro tempore. Pursu- (Mr. SMITH). tionale for and potential unintended ant to clause 8 of rule XX, further pro- Mr. SMITH of Texas. I thank the consequences of this indemnification ceedings on this question will be post- chairman for yielding. provision. poned. First of all, I do want to thank the According to the analysis, the two chairman of the Space Subcommittee, options before us then were to extend f STEVE PALAZZO of Mississippi, for this liability provision, which has bringing this must-pass legislation to never cost the American taxpayer a COMMUNICATION FROM THE the floor today. I also want to thank dime, or option number two—though CLERK OF THE HOUSE my friend and colleague from Texas, unintended—would be to give a com- The SPEAKER pro tempore laid be- RALPH HALL, the chairman of the petitive advantage to China and other fore the House the following commu- Science Committee, and the profes- foreign launch providers. This, of nication from the Clerk of the House of sional staff of the committee for shep- course, is the same choice that we are Representatives: herding this bill and getting us to the making today. If we give foreign rocket OFFICE OF THE CLERK, point where we are now. companies such an advantage, then we HOUSE OF REPRESENTATIVES, b 1800 are costing American jobs while under- Washington, DC, November 13, 2012. Last June, the Space and Aero- mining both our economy and our na- Hon. JOHN A. BOEHNER, The Speaker, House of Representatives, nautics Subcommittee heard testi- tional security. Back in 2004, I authored the current Washington, DC. mony on why government indemnifica- DEAR MR. SPEAKER: Pursuant to the per- tion for commercial rocket launches regulatory regime for human spaceflight, which has worked well be- mission granted in Clause 2(h) of Rule II of must be extended. At that hearing, the Rules of the U.S. House of Representa- yond our expectations. tives, the Clerk received the following mes- Frank Slazer from the Aerospace In- Recently, in cooperation with our dustries Association said it best about sage from the Secretary of the Senate on No- majority whip, Mr. MCCARTHY, and my why this indemnification is needed: vember 13, 2012 at 4:18 p.m.: friends on both sides of the aisle, we That the Senate passed without amend- Many foreign launch providers competing extended that regime as the Science ment H.R. 4114. against U.S. companies already benefit from Committee’s part of the recent FAA re- With best wishes, I am generous indemnification rules. For exam- Sincerely, ple, the European company Arianespace is authorization bill. It would be very KAREN L. HAAS. required to purchase insurance up to just 60 tempting to try to revisit that regu- million Euros, roughly $75 million. Any dam- latory issue or some other provisions f ages above this cap are the guaranteed re- with this legislation. sponsibility of the French Government. So, I would like to thank Chairman RECESS We cannot afford to drive away highly PALAZZO for offering a bill that asks The SPEAKER pro tempore. Pursu- skilled technical jobs to foreign countries only the critical question before us: do where the regulatory frameworks provide ant to clause 12(a) of rule I, the Chair we extend launch indemnification, or better critical risk management tools. declares the House in recess until ap- do we hand the launch industry com- Lastly, a non-renewal could impede new proximately 6:30 p.m. today. U.S. entrants to the commercial launch mar- pletely over to foreign competitors? Accordingly (at 6 o’clock and 7 min- ket, discourage future space launch innova- The choice is clear. The answer is tion and entrepreneurial investment. With- clear. America must remain the pre- utes p.m.), the House stood in recess. out a level playing field for competition, new eminent space-going Nation, which f U.S. entrants could find it highly undesir- means we need to pass H.R. 6586, and I able to begin their business ventures in the ask my colleagues to join me in sup- United States. b 1830 porting this legislation. The FAA’s launch indemnification Mr. COSTELLO. Mr. Speaker, I con- AFTER RECESS authority has been in place for over 20 tinue to reserve the balance of my years, benefiting the American com- The recess having expired, the House time. was called to order by the Speaker pro mercial space industry. The bill before Mr. PALAZZO. Mr. Speaker, I have tempore (Mr. WOMACK) at 6 o’clock and us would extend indemnification for 2 no further requests for time, and if the 30 minutes p.m. more years, and I hope that we can ad- gentleman is prepared to yield back, I dress a longer-term legislative solution am prepared to close. f when addressing NASA reauthorization Mr. COSTELLO. Mr. Speaker, we and commercial space legislation next have no further speakers on our side. REPORT ON RESOLUTION PRO- year. I’d like to thank Chairman HALL for VIDING FOR CONSIDERATION OF Mr. Speaker, I wanted to thank the his services as chairman of the com- H.R. 6156, RUSSIA AND MOLDOVA chairman again for yielding me time. mittee. He’s a wonderful person. He has JACKSON-VANIK REPEAL AND Mr. COSTELLO. Mr. Speaker, I con- done a great job chairing the full com- SERGEI MAGNITSKY RULE OF tinue to reserve the balance of my mittee, and he is one of the people that LAW ACCOUNTABILITY ACT OF time. I’m going to miss the most here in this 2012 Mr. PALAZZO. Mr. Speaker, I yield 3 Congress, and my friend from Cali- minutes to the gentleman from Cali- fornia as well, and from Texas, and Mr. DREIER, from the Committee on fornia (Mr. ROHRABACHER). Chairman PALAZZO. Rules, submitted a privileged report Mr. ROHRABACHER. Mr. Speaker, With that, Mr. Speaker, I urge pas- (Rept. No. 112–693) on the resolution (H. first and foremost, I would like to sage of this legislation, and I yield Res. 808) providing for consideration of thank Chairman HALL for the great back the balance of my time. the bill (H.R. 6156) to authorize the ex- leadership that he’s provided to our Mr. PALAZZO. Mr. Speaker, I have tension of nondiscriminatory treat- committee, and also Mr. COSTELLO, no further requests for time, and I ment (normal trade relations treat- who will be voluntarily leaving this yield back the balance of my time. ment) to products of the Russian Fed- body, and he has done such a fine job. The SPEAKER pro tempore. The eration and Moldova and to require re- Both of these gentlemen deserve acco- question is on the motion offered by ports on the compliance of the Russian

VerDate Mar 15 2010 02:50 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.020 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6338 CONGRESSIONAL RECORD — HOUSE November 13, 2012 Federation with its obligations as a Gingrey (GA) Luja´ n Roskam Lipinski Pallone Shuler member of the World Trade Organiza- Gohmert Lummis Ross (AR) Lucas Pelosi Sires Gonzalez Lungren, Daniel Ross (FL) Lynch Pence Slaughter tion, and for other purposes, which was Goodlatte E. Roybal-Allard Mack Platts Tiberi referred to the House Calendar and or- Gosar Marchant Royce Maloney Reed Towns dered to be printed. Granger Marino Runyan Manzullo Rogers (AL) Van Hollen Graves (GA) Matheson Ryan (OH) Markey Rogers (MI) Walsh (IL) f Graves (MO) Matsui Ryan (WI) McGovern Rothman (NJ) Walz (MN) Green, Al McCarthy (CA) Sa´ nchez, Linda Miller, George Ruppersberger Waters ANNOUNCEMENT BY THE SPEAKER Green, Gene McCarthy (NY) T. Neal Rush Griffin (AR) McCaul Sanchez, Loretta PRO TEMPORE Griffith (VA) McCollum Sarbanes The SPEAKER pro tempore. Pursu- Grijalva McDermott Scalise b 1849 Grimm McHenry Schakowsky ant to clause 8 of rule XX, proceedings Guinta McIntyre Schiff So (two-thirds being in the affirma- will resume on motions to suspend the Guthrie McKeon Schilling tive) the rules were suspended and the rules previously postponed. Hahn McKinley Schmidt bill was passed. Hall McMorris Schock Votes will be taken in the following Hanabusa Rodgers Schrader The result of the vote was announced order: Hanna McNerney Schwartz as above recorded. H.R. 6371, by the yeas and nays; Harper Meehan Schweikert A motion to reconsider was laid on H.R. 6586, de novo. Harris Meeks Scott (SC) Hartzler Mica Scott (VA) the table. f Hastings (FL) Michaud Scott, Austin Stated for: Hastings (WA) Miller (FL) Scott, David STREAMLINING CLAIMS PROC- Hayworth Miller (MI) Sensenbrenner Mrs. CAPPS. Mr. Speaker, on rollcall No. Heck Miller (NC) Serrano ESSING FOR FEDERAL CON- 604, had I been present, I would have voted Heinrich Miller, Gary Sessions ‘‘yea.’’ TRACTOR EMPLOYEES ACT Hensarling Moore Sewell Herger Moran Sherman Ms. SLAUGHTER. Mr. Speaker, on rollcall The SPEAKER pro tempore. The un- Herrera Beutler Mulvaney Shimkus No. 604, had I been present, I would have finished business is the vote on the mo- Higgins Murphy (CT) Shuster voted ‘‘yea.’’ tion to suspend the rules and pass the Himes Murphy (PA) Simpson Hinchey Myrick Smith (NE) Mr. FILNER. Mr. Speaker, on rollcall 604, I bill (H.R. 6371) to amend title 40, Hinojosa Nadler Smith (NJ) was away from the Capitol due to prior com- United States Code, to transfer certain Hirono Napolitano Smith (TX) mitments to my constituents. Had I been functions from the General Account- Hochul Neugebauer Smith (WA) present, I would have voted ‘‘yea.’’ ability Office to the Department of Holt Noem Southerland Honda Nugent Speier Mr. LANGEVIN. Mr. Speaker, I was un- Labor relating to the processing of Huelskamp Nunes Stark claims for the payment of workers who Huizenga (MI) Nunnelee Stearns avoidably detained on rollcall No. 604. Had I were not paid appropriate wages under Hultgren Olson Stivers been present, I would have voted ‘‘yea.’’ Hunter Olver Stutzman Mr. GUTIERREZ. Mr. Speaker, I was un- certain provisions of such title, on Hurt Owens Sullivan which the yeas and nays were ordered. Issa Palazzo Sutton avoidably absent in the House Chamber for The Clerk read the title of the bill. Jackson Lee Pascrell Terry votes today. Had I been present, I would have The SPEAKER pro tempore. The (TX) Pastor (AZ) Thompson (CA) voted ‘‘yea’’ on rollcall vote 604. Jenkins Paul Thompson (MS) question is on the motion offered by Johnson (GA) Paulsen Thompson (PA) the gentleman from Michigan (Mr. Johnson, E. B. Pearce Thornberry f WALBERG) that the House suspend the Johnson, Sam Perlmutter Tierney Jones Peters Tipton rules and pass the bill. Jordan Peterson Tonko COMMUNICATION FROM THE The vote was taken by electronic de- Kaptur Petri Tsongas CLERK OF THE HOUSE vice, and there were—yeas 361, nays 3, Keating Pingree (ME) Turner (NY) not voting 65, as follows: Kelly Pitts Turner (OH) The SPEAKER laid before the House Kildee Poe (TX) Upton the following communication from the [Roll No. 604] Kind Polis Vela´ zquez Clerk of the House of Representatives: YEAS—361 King (IA) Pompeo Visclosky King (NY) Posey Walberg OFFICE OF THE CLERK, Ackerman Burgess Denham Kingston Price (GA) Walden HOUSE OF REPRESENTATIVES, Adams Butterfield Dent Kinzinger (IL) Price (NC) Wasserman Washington, DC, November 8, 2012. Aderholt Calvert DesJarlais Kissell Quayle Schultz Alexander Camp Deutch Hon. JOHN BOEHNER, Kline Quigley Watt The Speaker, House of Representatives, Altmire Canseco Diaz-Balart Kucinich Rahall Waxman Amash Cantor Dicks Labrador Rangel Webster Washington, DC. Amodei Capuano Dingell Lance Rehberg Welch DEAR MR. SPEAKER: I have the honor to Austria Carney Dold Landry Reichert West transmit herewith a scanned copy of a letter Baca Carson (IN) Donnelly (IN) Lankford Renacci Westmoreland received from Mr. Christopher M. Thomas, Baldwin Carter Doyle Larsen (WA) Reyes Whitfield Barber Cassidy Dreier Director of Elections, Department of State, Latham Ribble Wilson (FL) State of Michigan, indicating that, accord- Barletta Castor (FL) Duffy LaTourette Richardson Wilson (SC) Barrow Chabot Duncan (SC) Latta Richmond Wittman ing to the unofficial returns of the Special Barton (TX) Chaffetz Duncan (TN) Lee (CA) Rigell Wolf Election held November 6, 2012, the Honor- Bass (CA) Chandler Ellison Levin Rivera Womack able David Curson was elected Representa- Bass (NH) Chu Ellmers Lewis (CA) Roby Woodall tive to Congress for the Eleventh Congres- Benishek Clarke (MI) Emerson LoBiondo Roe (TN) Woolsey sional District, State of Michigan. Berg Clyburn Engel Loebsack Rogers (KY) Yarmuth With best wishes, I am Berkley Coble Eshoo Lofgren, Zoe Rohrabacher Yoder Berman Coffman (CO) Farenthold Long Rokita Young (AK) Sincerely, Biggert Cohen Farr Lowey Rooney Young (FL) KAREN L. HAAS, Bilbray Cole Fattah Luetkemeyer Ros-Lehtinen Young (IN) Clerk. Bilirakis Conaway Fincher Enclosure. Bishop (GA) Connolly (VA) Fitzpatrick NAYS—3 Bishop (NY) Conyers Flake Broun (GA) Campbell McClintock Bishop (UT) Cooper Fleischmann STATE OF MICHIGAN, RUTH JOHNSON, Black Costa Fleming NOT VOTING—65 SECRETARY OF STATE, DEPART- Blackburn Costello Flores MENT OF STATE, Blumenauer Courtney Fortenberry Akin Carnahan Gowdy Lansing, MI, November 8, 2012. Bonamici Cravaack Foxx Andrews Cicilline Gutierrez Bonner Crawford Frank (MA) Bachmann Clarke (NY) Holden Hon. KAREN L. HAAS, Boswell Crenshaw Franks (AZ) Bachus Clay Hoyer Clerk, House of Representatives, The Capitol, Boustany Critz Frelinghuysen Bartlett Cleaver Israel Washington, DC. Brady (PA) Crowley Fudge Becerra Cuellar Jackson (IL) DEAR MS. HAAS: This is to advise you that Braley (IA) Culberson Garamendi Bono Mack DeLauro Johnson (IL) the unofficial results of the Special Election Brooks Cummings Gardner Boren Doggett Johnson (OH) Brown (FL) Davis (CA) Garrett Brady (TX) Edwards Lamborn held on Tuesday, November 6, 2012, to fill the Buchanan Davis (IL) Gerlach Burton (IN) Filner Langevin existing vacancy for Representative in Con- Bucshon DeFazio Gibbs Capito Forbes Larson (CT) gress from the Eleventh Congressional Dis- Buerkle DeGette Gibson Capps Gallegly Lewis (GA) trict of Michigan, show that David Curson

VerDate Mar 15 2010 04:28 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.024 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6339 received 159,267 or 48.39% of the total number ter received from Ms. Mary Sue Helm, Direc- The SPEAKER. Is there objection to of votes cast for that office. tor of Elections and Administration, Office the request of the gentleman from It would appear from these unofficial re- of the Secretary of State, State of Kentucky, Washington? sults that David Curson was elected as Rep- indicating that, according to the unofficial There was no objection. resentative in Congress from the Eleventh returns of the Special Election held Novem- Mr. ROGERS of Kentucky. Mr. Congressional District of Michigan. ber 6, 2012, the Honorable Thomas Massie was To the best of our knowledge and belief at elected Representative to Congress for the Speaker, I ask unanimous consent that this time, there is no contest to this elec- Fourth Congressional District, State of Ken- the gentleman from Kentucky, the tion. tucky. Honorable THOMAS MASSIE, be per- As soon as the official results are certified With best wishes, I am, mitted to take the oath of office today. to this office by all counties involved, an of- Sincerely, His certificate of election has not ar- ficial Certificate of Election will be prepared KAREN L. HAAS, rived, but there is no contest and no for transmittal as required by law. Clerk. question has been raised with regard to A full listing of the unofficial results for Enclosure. each candidate is attached for your informa- his election. tion. The SPEAKER. Is there objection to COMMONWEALTH OF KENTUCKY, Sincerely, the request of the gentleman from Ken- OFFICE OF THE SECRETARY OF STATE, CHRISTOPHER M. THOMAS, Frankfort, KY, November 7, 2012. tucky? Director of Elections. Hon. KAREN L. HAAS, There was no objection. f Clerk, House of Representatives, The Capitol, COMMUNICATION FROM THE Washington, DC. b 1900 CLERK OF THE HOUSE DEAR MS. HAAS: This is to advise that the The SPEAKER. Will the Representa- unofficial results of the Special Election The SPEAKER laid before the House held on Tuesday, November 6, 2012, for Rep- tives-elect and the members of their the following communication from the resentative in Congress, Fourth Congres- respective delegations present them- Clerk of the House of Representatives: sional District of Kentucky, show that selves in the well. OFFICE OF THE CLERK, Thomas Massie received 174, 087 of the total The Representatives-elect will please HOUSE OF REPRESENTATIVES, number of votes cast for that office. A chart raise their right hands. Washington, DC, November 8, 2012. providing the unofficial vote totals received Mr. CURSON of Michigan, Ms. for each candidate seeking the unexpired Hon. JOHN BOEHNER, DELBENE, and Mr. MASSIE appeared at term for U.S. Representative in Congress, The Speaker, House of Representatives, the bar of the House and took the oath 4th District is attached. Washington, DC. It would appear from the unofficial results of office, as follows: DEAR MR. SPEAKER: I have the honor to that Thomas Massie was elected as Rep- Do you solemnly swear that you will sup- transmit herewith a facsimile copy of a let- resentative in Congress from the Fourth port and defend the Constitution of the ter received from the Honorable Sam Reed, Congressional District of Kentucky. United States against all enemies, foreign Washington Secretary of State, indicating To the best of our knowledge and belief at and domestic; that you will bear true faith that, according to the unofficial returns of this time, we are not aware of any contest or and allegiance to the same; that you take the Special Election held November 6, 2012, recount to this election. this obligation freely, without any mental the Honorable Suzan DelBene was elected As soon as the official results are certified reservation or purpose of evasion; and that Representative to Congress for the First to this office by all counties involved, the you will well and faithfully discharge the du- Congressional District, State of Washington. Secretary of State will deliver the certified ties of the office on which you are about to With best wishes, I am vote totals to the KY State Board of Elec- enter, so help you God. Sincerely, tions for the issuance of an official Certifi- The SPEAKER. Congratulations, you KAREN L. HAAS, cate of Election on November 20, 2012. An are now Members of the 112th Congress. Clerk. original Certificate of Election for the unex- Enclosure. pired term for the Fourth Congressional Dis- trict of Kentucky will be sent to you subse- f SECRETARY OF STATE, quent to the November 20, 2012 meeting of Olympia, WA, November 7, 2012. the KY State Board of Elections. WELCOMING THE HONORABLE Hon. KAREN L. HAAS, Thank you and if we may assist further, DAVID ALAN CURSON TO THE Clerk, House of Representatives, please do not hesitate to contact me. HOUSE OF REPRESENTATIVES The Capitol, Washington, DC. Sincerely, DEAR MS. HAAS: This is to advise you that MARY SUE HELM, The SPEAKER. Without objection, the unofficial results of the Special Election Director of Elections & Administration. the dean of the House, the gentleman held on Tuesday, November 6, 2012, for Rep- f from Michigan (Mr. DINGELL) is recog- resentative in Congress from the First Con- nized for 1 minute. gressional District of Washington, show that SWEARING IN OF THE HONORABLE There was no objection. Suzan DelBene received 128,638 votes, or DAVID ALAN CURSON, OF MICHI- Mr. DINGELL. Mr. Speaker, I rise to 60.14%, of the total votes cast for that office, GAN; THE HONORABLE SUZAN K. tabulated so far. welcome my good friend DAVE CURSON It would appear from these unofficial re- DELBENE, OF WASHINGTON; AND to the Congress of the United States. sults that Suzan DelBene was elected as Rep- THE HONORABLE THOMAS He has spent his life serving his fellow resentative in Congress from the First Con- MASSIE, OF KENTUCKY, AS MEM- man, first as a U.S. marine in Vietnam, gressional District of Washington. BERS OF THE HOUSE then as a representative of the UAW, To the best of our knowledge and belief at Mr. DINGELL. Mr. Speaker, I ask and now as a Member of this distin- this time, there is no contest to this elec- guished body. tion. unanimous consent that the gentleman As soon as the official results are certified from Michigan, the Honorable DAVID He is also, first and foremost, a fam- to this office by all counties involved, an of- ALAN CURSON, be permitted to take the ily man. He has been married to his ficial Certificate of Election will be prepared oath of office today. wonderful wife, Sharon, for 22 years. for transmittal as required by law. His certificate of election has not yet Together with her, he has done an ex- Sincerely. arrived, but there is no contest and no traordinary job raising two daughters SAM REED. question has been raised with regard to and one son; they are Lisa, Katie, and f his election. David, Jr. COMMUNICATION FROM THE The SPEAKER. Is there objection to I have no doubt that our good friend CLERK OF THE HOUSE the request of the gentleman from DAVID will do a magnificent job rep- resenting the interests of the people of The SPEAKER laid before the House Michigan? Michigan’s 11th District. I know he can the following communication from the There was no objection. Mr. DICKS. Mr. Speaker, I ask unani- count on my support, and I hope that Clerk of the House of Representatives: mous consent that the gentlewoman my colleagues will extend him that OFFICE OF THE CLERK, from Washington, the Honorable SUZAN same courtesy. DAVE is a good man, HOUSE OF REPRESENTATIVES, K. DELBENE, be permitted to take the and the Nation is fortunate to have Washington, DC, November 7, 2012. oath of office today. him here. Hon. JOHN BOEHNER, The Speaker, House of Representatives, Her certificate of election has not ar- Mr. Speaker, at this moment, I yield Washington, DC rived, but there is no contest and no to the distinguished gentleman from DEAR MR. SPEAKER: I have the honor to question has been raised with regard to Michigan (Mr. UPTON), the dean of the transmit herewith a facsimile copy of a let- her election. Republican delegation.

VerDate Mar 15 2010 04:28 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A13NO7.012 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6340 CONGRESSIONAL RECORD — HOUSE November 13, 2012 Mr. UPTON. Mr. Speaker, I, too, wish the struggles her parents went through Thanks again. I appreciate all of DAVE CURSON a warm welcome in join- in raising her family and of working your support. ing this body. her way through college. She earned a Mr. DICKS. I yield back the balance We have great Members on both sides bachelor’s degree from Reed College in of my time. of the aisle. I will say, from the Repub- Portland and received an MBA from f lican perspective, that I don’t think the University of Washington. b 1910 any of us knew you before. We surely Following her academic work, SUZAN look forward to getting to know you in had a very successful career at Micro- WELCOMING THE HONORABLE the next couple of weeks. We know soft and at two high-tech startup com- THOMAS MASSIE TO THE HOUSE that you’ll be an active Member, and panies, and then was appointed direc- OF REPRESENTATIVES we look forward to your service and to tor of the Washington Department of The SPEAKER. Without objection, getting to know you well. And we wish Revenue. SUZAN is a high-energy per- the gentleman from Kentucky (Mr. you the very best. son, someone who will work well with ROGERS) is recognized for 1 minute. Mr. DINGELL. At this time, Mr. our delegation and with all of our col- There was no objection. Speaker, I yield to my dear friend, our leagues here in the House in the next Mr. ROGERS of Kentucky. Thank new Member from Michigan’s 11th Dis- Congress. you, Mr. Speaker. trict, DAVE CURSON, with my congratu- At this time, I would like to yield to I have the distinct honor and privi- lations and good wishes. the gentleman from Washington’s lege of representing the Kentucky dele- Mr. CURSON of Michigan. Thank Fourth Congressional District, Con- gation as we welcome our newest mem- gressman HASTINGS, the chairman of you, Congressman DINGELL. It’s always ber, TOM MASSIE from Lewis County, been an honor to work with you. the Natural Resources Committee, who Kentucky. And thank you, Mr. Speaker. And joins me in welcoming our newest THOMAS earned two engineering de- thanks to all my new colleagues, and Member. grees from MIT. He founded SensAble Mr. HASTINGS of Washington. I thanks to all the guests. And thanks to Technologies, Inc., based on his inven- my wife, Sharon, who has been my thank the gentleman for yielding. And let me be the first here in this tion that made computers easier to rock; and my family, who gave me the post session of Congress to say that use, raised over $32 million of venture courage and the strength to get here; this is the last session that our senior capital, created 70 jobs, and obtained 24 and to all my supporters, the hundreds patents. Then he came home to a farm colleague from Washington (Mr. DICKS) of volunteers, and the many union will be serving, and he will be certainly in Kentucky to raise his family. brothers and sisters that worked so missed. And I want to be the first to Ten years ago, he and Rhonda, his hard to get me elected; and to all the say that we will miss you here in this high school sweetheart, moved back voters, regardless of whose lever they body. home to Kentucky to raise their four pulled, because they participated in But when somebody leaves, somebody children where they live on a farm in this country’s greatest act of free- new comes in, albeit not the same dis- rural Lewis County, Kentucky. dom—the right to elect their own gov- trict. SUZAN, I want to welcome you to But you can’t keep a good man down. ernment. the Washington caucus. While we’re a He wanted to be of service to the pub- I spent my entire adult life solving diverse State, as you well know, we lic, and he ran for the county execu- problems for working families, but I have found that on issues we agree on, tive’s job in Lewis County on the Ohio am but one man. So when I speak, you we work very, very well together, and River, and, of course, won that race. will hear the voice of over 500,000 resi- we look forward to working with you. That was in 2010. dents of Michigan’s 11th District who And I know that this is not your first Now we are honored to present to simply want a piece, their small share run here, so I’ll congratulate you more you, in a minute, the newest member of the American Dream. And I know on the second run than the first run. of the Kentucky delegation rep- with the genius that works in this Welcome to the Congress. resenting the Fourth Congressional great Hall, that together, we can col- Mr. DICKS. I now yield to SUZAN District. lectively achieve that goal and move DELBENE to address the House. Before I introduce TOM, let me turn this country forward. Ms. DELBENE. I want to thank Con- to my colleague, Mr. YARMUTH, from I am humbled and honored to be a gressman DICKS and Congressman HAS- the Third District. part of this distinguished group, and I TINGS for the very kind introduction. Mr. YARMUTH. Thank you, Mr. ROG- want to thank every one of you. I look It’s a great honor to be here. ERS. I appreciate this opportunity. forward to working with you. Mr. Speaker, Leader PELOSI, mem- For those of us in the Kentucky dele- Mr. DINGELL. Mr. Speaker, I yield bers of the Washington delegation, and gation, Kentucky always comes first, back the balance of my time. Members of the 112th Congress, it’s and I appreciate this opportunity to f truly an honor for me to be here with welcome TOM MASSIE and his family to you today. the House of Representatives and also WELCOMING THE HONORABLE I would first like to thank all those to the Kentucky delegation. SUSAN K. DELBENE TO THE who supported me throughout this TOM has very big shoes to fill. He HOUSE OF REPRESENTATIVES journey; in particular, my family; my steps in the shoes of Geoff Davis, who The SPEAKER. Without objection, husband, Kurt, who is up in the gallery; honorably served that Fourth Congres- the gentleman from Washington (Mr. and my children, Rebecca and Zachary, sional District for a number of years. DICKS) is recognized for 1 minute. who are both off in college right now. I He now has the responsibility of rep- There was no objection. am very grateful to share this moment resenting about 20,000 of my former Mr. DICKS. Mr. Speaker, it is a great with them. constituents, and I think 151⁄2 holes of pleasure for the Washington congres- It’s a great privilege to represent the that hallowed golf course which he now sional delegation to welcome our new- people of Washington’s First Congres- has in his district. est Member, SUZAN DELBENE, who had sional District, both the current and I want to welcome THOMAS and his the distinction of winning not just one, the future versions of it. I am honored family, thank them for their service in but two elections last week. to be given this opportunity by the advance, congratulate them on their She was elected in a special election voters of western Washington, and I election, and also invite TOM to join to fill the remainder of Congressman truly appreciate their support. I will the Congressional Bourbon Caucus, Jay Inslee’s term, and she was also work very, very hard to serve them which is one of the most popular cau- elected last week to be the Representa- well. cuses in the Congress. tive of a newly configured First Dis- I look forward to working with all of Mr. ROGERS of Kentucky. It is now trict in the 113th Congress. you, and I am honored to be able to my great pleasure to recognize and Throughout her campaign, SUZAN serve alongside the very distinguished yield to the new member of the Ken- was able to successfully connect with members of the Washington delegation. tucky delegation, THOMAS MASSIE. voters because of her upbringing and I am very excited to roll up my sleeves Mr. MASSIE. First, I’d like to recog- because of her experience. She spoke to and get to work right away. nize the great service of Congressman

VerDate Mar 15 2010 04:28 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.030 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6341 Geoff Davis for the State of Kentucky. Sharia was claiming responsibility for bring over 100,000 Americans who He served us well, and those are some this well-planned ambush and assas- fought in World War II to our Nation’s very big shoes to fill. sination. Allegedly, the administration Capitol for Honor Flight. Thank you, Mr. Speaker, and thank also watched the attack occur in the I had the great opportunity this you, Chairman ROGERS, for the intro- White House’s Situation Room, and week, during a special gathering on duction. that’s when a request for military help this Veterans Day week of the friends Tonight I have in the gallery my was made and denied. of the World War II Memorial Com- family. My grandmother is here, my CIA operatives were twice told to mittee, to meet these phenomenal mother is here, and my four children, stand down instead of helping the Am- Americans. Earl Morse and Jeff Miller but most of all my wife, Rhonda, is bassador. Why did the Ambassador’s have devoted so much of their private here. I need to thank them for their calls for help go unanswered? The lives to bringing great joy to Ameri- loving support through all of this. American people need to know this: cans across this country. We should I’m honored to represent the great What happened? Why didn’t the U.S. recognize them. We should thank them. people of Kentucky’s Fourth Congres- help the Ambassador when he was We should remember. sional District. I’ll be a staunch de- under attack? And what individuals Those of us who have relatives that fender of the Constitution, an unwaver- killed the Ambassador? And what has have fought in the military, those of us ing advocate for personal liberties, eco- the United States done to track these who appreciate those who have—on nomic freedom, and fiscal responsi- outlaws down, hold them accountable this Veterans Day week, let us give due bility. I look forward to working with for this—yet another attack on 9/11? credit to what brings us together as a all of the Members of this House of And that’s just the way it is. people, our great sense of patriotism, our great sense of valor, and the appre- Congress to advance these great Amer- f ican principles, thereby ensuring a ciation we could give to those Ameri- prosperous future for our country. CONGRATULATING SOLOMON cans who help to make the lives of oth- Thank you. May God bless America. SCHECTER ON ITS 50TH ANNI- ers complete. Mr. ROGERS of Kentucky. Mr. VERSARY Mr. Speaker, I thank you for giving me this moment to highlight what I Speaker, I yield back the balance of (Mr. DOLD asked and was given per- my time. will bring to the floor tomorrow. mission to address the House for 1 Thank you to Honor Flight. Thank you f minute and to revise and extend his re- to the Morse and Miller families. ANNOUNCEMENT BY THE SPEAKER marks.) Thank you to the Friends of the World Mr. DOLD. Mr. Speaker, I rise to rec- War II Memorial, and thank you to all The SPEAKER. Under clause 5(d) of ognize a tremendous milestone in the rule XX, the Chair announces to the of our World War II veterans, their 10th District of Illinois in the Chicago families, and descendants. House that, in light of the administra- area. tion of the oath to the gentlewoman Recently, the Solomon Schecter Day f from Washington and the gentlemen School of Metropolitan Chicago cele- GLOBAL ENTREPRENEURSHIP from Kentucky and Michigan, the brated its 50th anniversary. Founded in WEEK whole number of the House is 433. 1962 with only 27 students in its first (Mr. YODER asked and was given f class, Solomon Schecter has grown permission to address the House for 1 b 1920 over the years to provide education to minute and to revise and extend his re- over 2,500 proud graduates. SPACE LAUNCH LIABILITY marks.) As a school that integrates general Mr. YODER. Mr. Speaker, I rise to PROVISIONS EXTENSION and Judaic studies, Solomon Schecter make note of an important week in the The SPEAKER pro tempore (Mr. has promoted a love of learning and ongoing effort to renew our Nation’s WOMACK). The unfinished business is unique sense of community amongst economy. This week is Global Entre- the question on suspending the rules its students, parents, educators, and preneurship Week. and passing the bill (H.R. 6586) to ex- volunteer leaders. New entrepreneurs and innovators tend the application of certain space Schecter students also forge valuable are the key to putting Americans back launch liability provisions through connections with students at Keshet, a to work. With two out of every three 2014. Jewish day school that serves children jobs coming from small businesses, and The Clerk read the title of the bill. with developmental disabilities. Mr. 100 percent of the net new jobs coming The SPEAKER pro tempore. The Speaker, I recently visited Keshet and from companies less than 5 years old, question is on the motion offered by was very impressed by the incredible these risk-takers are the key to our the gentleman from Mississippi (Mr. work that they do in meeting the needs economic prosperity. Simply put, if PALAZZO) that the House suspend the of the children there. they don’t grow and expand, then nei- rules and pass the bill. But Solomon Schecter is more than ther will our economy. The question was taken; and (two- just a school; it’s a community, the I was pleased to help celebrate Global thirds being in the affirmative) the strength of which can be seen in the Entrepreneurship Week this week by rules were suspended and the bill was fact that over 700 people came to addressing many of these budding passed. proudly show their support at its re- startups at the Kaufman Foundation in A motion to reconsider was laid on cent 50th anniversary celebration. Kansas City. A true gem of the Mid- the table. I’d like to wish Solomon Schecter west, the Kaufman Foundation is the f Day School continued success in the world’s largest foundation devoted to TERROR ATTACK IN LIBYA future. entrepreneurship. Mr. Speaker, we know jobs aren’t (Mr. POE of Texas asked and was f created by bureaucrats in Washington, given permission to address the House b 1930 D.C. They are created by the for 1 minute and to revise and extend innovators across our Nation. As we HONORING EARL MORSE AND his remarks.) continue to see our economy lagging JEFF MILLER FOR THEIR CON- Mr. POE of Texas. Mr. Speaker, it’s behind, let’s renew our efforts to sup- TRIBUTIONS ON BEHALF OF been 2 months since four Americans port startups, innovators and entre- HONOR FLIGHT were murdered by terrorists in preneurs that take the risks to create Benghazi, Libya. For 2 weeks the ad- (Ms. KAPTUR asked and was given jobs. ministration claimed this was a spon- permission to address the House for 1 f taneous protest in response to a movie, minute.) but now we know that was all a cha- Ms. KAPTUR. Mr. Speaker, tomor- SUPPORTING RECOGNITION OF rade. row I intend to bring to the floor the MALALA YOUSUFZAI The administration knew within 2 photos of two American families that (Ms. JACKSON LEE of Texas asked hours that the terror group Ansar al- have been instrumental in helping and was given permission to address

VerDate Mar 15 2010 02:59 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.032 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE H6342 CONGRESSIONAL RECORD — HOUSE November 13, 2012 the House for 1 minute and to revise gates of the House of Representatives, tion 204(c) of the International Emergency and extend her remarks.) the text of which is carried in 5 U.S.C. Economic Powers Act, 50 U.S.C. 1703(c), a Ms. JACKSON LEE of Texas. Mr. 3331: six-month periodic report on the national Speaker, there’s so much that we can ‘‘I, AB, do solemnly swear (or af- emergency with respect to Somalia that was declared in Executive Order 13536 of April 12, acknowledge and respect as we come firm) that I will support and defend 2010; to the Committee on Foreign Affairs. back to work on behalf of the Amer- the Constitution of the United 8267. A letter from the Secretary, Depart- ican people. I’d like my colleagues to States against all enemies, foreign ment of Health and Human Services, trans- allow me, for a moment, to raise the and domestic; that I will bear true mitting Fiscal year 2011 Report to Congress issue of the recognition of introducing faith and allegiance to the same; on Funding Needs for Contract Support a legislative initiative to award the that I take this obligation freely, Costs of Self-Determination Awards; to the Committee on Natural Resources. Congressional Gold Medal to Malala without any mental reservation or 8268. A letter from the Acting Deputy Di- Yousufzai, the little girl in Pakistan purpose of evasion; and that I will rector, Office of Sustainable Fisheries, who had the courage to stand up well and faithfully discharge the NMFS, National Oceanic and Atmospheric against the heinousness of the Taliban. duties of the office on which I am Administration, transmitting the Adminis- On October 9, 2012, Malala was shot about to enter. So help me God.’’ tration’s final rule — Atlantic Highly Migra- and nearly killed by Taliban operatives has been subscribed to in person and tory Species: Atlantic Bluefin Tuna Fish- because she advocated simply for edu- filed in duplicate with the Clerk of the eries [Docket No.: 120306154-2241-02] (RIN: cating girls in Pakistan. Her shooting 0648-XC162) received October 4, 2012, pursuant House of Representatives by the fol- to 5 U.S.C. 801(a)(1)(A); to the Committee on has sent shock waves through the re- lowing Members of the 112th Congress, Natural Resources. gion and around the world. Leaders pursuant to the provisions of 2 U.S.C. 8269. A letter from the Acting Deputy Di- across the globe have condemned her 25: rector, Office of Sustainable Fisheries, Na- shooting, while Taliban leaders remain DAVID ALAN CURSON, Michigan Elev- tional Oceanic and Atmospheric Administra- unrepentant. In fact, as she heals in a enth; THOMAS MASSIE, Kentucky tion, transmitting the Administration’s final rule — Magnuson-Stevens Act Provisions; British hospital, they have continued Fourth; SUZAN K. DELBENE, Wash- Fisheries Off West Coast States; Biennial to threaten that she will be shot again ington First. if she comes to the soil. Specifications and Management; Inseason f Adjustments [Docket No.: 100804324-1265-02] Sixty-one million children worldwide EXECUTIVE COMMUNICATIONS, (RIN: 0648-BC36) received October 4, 2012, pur- are not enrolled in school, of which 32 suant to 5 U.S.C. 801(a)(1)(A); to the Com- million are girls. Pakistan has the sec- ETC. mittee on Natural Resources. ond highest number of girls who are Under clause 2 of rule XIV, executive 8270. A letter from the Director, Office of not attending school in the world. communications were taken from the Sustainable Fisheries, NMFS, National Oce- As a cochair and founder of the Paki- Speaker’s table and referred as follows: anic and Atmospheric Administration, trans- stan Caucus, the Congressional Paki- mitting the Administration’s final rule — 8261. A letter from the Regulatory Spe- Spiny Lobster Fishery of the Gulf of Mexico stan Caucus, I urge my colleagues to cialist, LRAD, Department of the Treasury, and South Atlantic; Amendment 11; Correc- rush toward this legislation and sign transmitting the Department’s final rule — tion [Docket No.: 110908576-2240-02] (RIN: on. The United Nations declared Satur- Short-Term Investment Funds [Docket No.: 0648-BB44) received October 4, 2012, pursuant day, November 10, 2010, Malala Day, OCC-2011-0023] (RIN: 1557-AD37) received Oc- to 5 U.S.C. 801(a)(1)(A); to the Committee on and many are advocating for a Nobel tober 10, 2012, pursuant to 5 U.S.C. Natural Resources. 801(a)(1)(A); to the Committee on Financial 8271. A letter from the Acting Director, Of- Peace Laureate. Services. I ask my colleagues to join me in ad- fice of Sustainable Fisheries, NMFS, Na- 8262. A letter from the Regulatory Spe- tional Oceanic and Atmospheric Administra- vocating to recognize this brave little cialist, LRAD, Department of the Treasury, tion, transmitting the Administration’s final girl who stands for the children of the transmitting the Department’s final rule — rule — Fisheries of the Exclusive Economic world. Annual Stress Test [Docket ID: OCC-2011- Zone Off Alaska; Shallow-Water Species 0029] (RIN: 1557-AD58) received October 10, f Fishery by Vessels Using Trawl Gear in the 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Gulf of Alaska [Docket No.: 111207737-2141-02] LEAVE OF ABSENCE Committee on Financial Services. (RIN: 0648-XC204) received October 4, 2012, 8263. A letter from the Director, Office of By unanimous consent, leave of ab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Congressional Affairs, Nuclear Regulatory mittee on Natural Resources. sence was granted to: Commission, transmitting the Commission’s 8272. A letter from the Director, Office of Mr. REED (at the request of Mr. CAN- final rule — Design, Inspection, and Testing Sustainable Fisheries, NMFS, National Oce- TOR) for today and Wednesday on ac- Criteria for Air Filtration and Adsorption anic and Atmospheric Administration, trans- count of attending the funeral of a fall- Units of Post-accident Engineered-Safety- mitting the Administration’s final rule — en soldier in his district. Feature Atmosphere Cleanup Systems in Main Hawaiian Islands Deep 7 Bottomfish Light-Water-Cooled Nuclear Power Plants Mr. CICILLINE (at the request of Ms. Annual Catch Limits and Accountability [NRC-2012-xxxx] received October 4, 2012, pur- Measures for 2012-13 [Docket No.: 120628195- PELOSI) for today on account of attend- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2414-02] (RIN: 0648-XC089) received October 4, ing a funeral in the district. mittee on Energy and Commerce. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the f 8264. A letter from the Director, Office of Committee on Natural Resources. Congressional Affairs, Nuclear Regulatory 8273. A letter from the Director, Office of ADJOURNMENT Commission, transmitting the Commission’s Sustainable Fisheries, NMFS, National Oce- Mr. YODER. Mr. Speaker, I move final rule — Withdrawal of Regulatory Guide anic and Atmospheric Administration, trans- 5.67 [NRC-2012-xxxx] received October 4, 2012, that the House do now adjourn. mitting the Administration’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Atlantic Highly Migratory Species; Lifting The motion was agreed to; accord- mittee on Energy and Commerce. Trade Restrictive Measures [Docket No.: ingly (at 7 o’clock and 34 minutes 8265. A letter from the Secretary, Depart- 120510051-2335-02] (RIN: 0648-BC16) received p.m.), under its previous order, the ment of Treasury, transmitting as required October 4, 2012, pursuant to 5 U.S.C. House adjourned until tomorrow, by section 401(c) of the National Emergency 801(a)(1)(A); to the Committee on Natural Wednesday, November 14, 2012, at 10 Act, 50 U.S.C. 1641(c), and section 204(c) of Resources. a.m. for morning-hour debate. the International Emergency Economic Pow- 8274. A letter from the Director, Office of ers Act, 50 U.S.C. 1703(c), section 505(c) of the Sustainable Fisheries, NMFS, National Oce- f International Security and Development Co- anic and Atmospheric Administration, trans- operation Act of 1985, 22 U.S.C. 2349aa-9(c), mitting the Administration’s final rule — OATH OF OFFICE MEMBERS, RESI- and pursuant to Executive Order 13313 of Temporary Rule To Establish Management DENT COMMISSIONER, AND DEL- July 31, 2003, a six-month periodic report on Measure for the Limited Harvest and Posses- EGATES the national emergency with respect to Iran sion of South Atlantic Red Snapper in 2012 The oath of office required by the that was declared in Executive Order 12170 of [Docket No.: 120709225-2365-01] (RIN: 0648- sixth article of the Constitution of the November 14, 1979; to the Committee on For- BC32) received October 4, 2012, pursuant to 5 eign Affairs. U.S.C. 801(a)(1)(A); to the Committee on Nat- United States, and as provided by sec- 8266. A letter from the Secretary, Depart- ural Resources. tion 2 of the act of May 13, 1884 (23 ment of the Treasury, transmitting as re- 8275. A letter from the Acting Deputy Di- Stat. 22), to be administered to Mem- quired by section 401(c) of the National rector, Office of Sustainable Fisheries, bers, Resident Commissioner, and Dele- Emergencies Act, 50 U.S.C. 1641(c), and sec- NMFS, National Oceanic and Atmospheric

VerDate Mar 15 2010 03:37 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K13NO7.034 H13NOPT1 PWALKER on DSK7TPTVN1PROD with HOUSE November 13, 2012 CONGRESSIONAL RECORD — HOUSE H6343 Administration, transmitting the Adminis- 8283. A letter from the Director, Office of Modernization Act Capital Loss tration’s final rule — Reef Fish Fishery of Sustainable Fisheries, NMFS, National Oce- Carryforward Effective Date (Rev. Rul. 2012- the Gulf of Mexico; Gulf of Mexico Individual anic and Atmospheric Administration, trans- 29) received October 2, 2012, pursuant to 5 Fishing Quota Progarms [Docket No.: mitting the Administration’s final rule — U.S.C. 801(a)(1)(A); to the Committee on 090206140-91081-03] (RIN: 0648-XC227) received Fisheries of the Caribbean, Gulf of Mexico, Ways and Means. October 15, 2012, pursuant to 5 U.S.C. and South Atlantic; Snapper-Grouper Fish- 8295. A letter from the Assistant Director 801(a)(1)(A); to the Committee on Natural ery Off the Southern Atlantic States; for Legislative Affairs, Consumer Financial Resources. Amendment 20A [Docket No.: 100812344-2449- Protection Bureau, transmitting the Annual 8276. A letter from the Acting Director, Of- 02] (RIN: 0648-AY74) received October 15, 2012, Report of the Student Loan Ombudsman; fice of Sustainable Fisheries, NMFS, Na- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- jointly to the Committees on Financial tional Oceanic and Atmospheric Administra- mittee on Natural Resources. Services and Education and the Workforce. tion, transmitting the Administration’s final 8284. A letter from the Acting Deputy Di- f rule — Fisheries of the Northeastern United rector, Office of Sustainable Fisheries, States; Northeast Multispecies Fishery; NMFS, National Oceanic and Atmospheric REPORTS OF COMMITTEES ON Fishing Year 2012 Days-at-Sea Adjustment Administration, transmitting the Adminis- PUBLIC BILLS AND RESOLUTIONS for Common Pool Fishery; Announcement of tration’s final rule — Fisheries of the Exclu- Under clause 2 of rule XIII, reports of Fishing Year 2011 Sector Annual Catch Enti- sive Economic Zone Off Alaska; Pacific Cod tlement Carryover [Docket No.: 120109034- in the Bering Sea and Aleutian Islands Man- committees were delivered to the Clerk 2153-02] (RIN: 0648-XC168) received October 15, agement Area [Docket No.: 111213751-2102-02] for printing and reference to the proper 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 0648-XC224) received October 15, 2012, calendar, as follows: Committee on Natural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. DREIER: Committee on Rules. House 8277. A letter from the Acting Deputy Di- mittee on Natural Resources. Resolution 808. Resolution providing for con- rector, Office of Sustainable Fisheries, 8285. A letter from the Service Officer, sideration of nondiscriminatory treatment NMFS, National Oceanic and Atmospheric American Gold Star Mothers, Inc., transmit- (normal trade relations treatment) to prod- Administration, transmitting the Adminis- ting the organization’s report and financial ucts of the Russian Federation and Moldova tration’s final rule — Snapper-Grouper Fish- audit for the year ending June 30, 2012; to the and to require reports on the compliance of ery of the South Atlantic; Reopening of the Committee on the Judiciary. the Russian Federation with its obligations 2012 Commercial Sector for Yellowtail Snap- 8286. A letter from the Secretary, Depart- as a member of the World Trade Organiza- per in the South Atlantic [Docket No.: ment of Education, transmitting the Depart- tion, and for other purposes (Rept.112–693). 100812345-2142-03] (RIN: 0648-XC229) received ment’s final rule — Adjustment of Civil Mon- Referred to the House Calendar. October 15, 2012, pursuant to 5 U.S.C. etary Penalties for Inflation (RIN: 1801-AA12) f 801(a)(1)(A); to the Committee on Natural October 11, 2012, pursuant to 5 U.S.C. Resources. 801(a)(1)(A); to the Committee on the Judici- PUBLIC BILLS AND RESOLUTIONS 8278. A letter from the Acting Deputy Di- ary. rector, Office of Sustainable Fisheries, 8287. A letter from the General Counsel, Under clause 2 of rule XII, public NMFS, National Oceanic and Atmospheric National Tropical Botanical Garden, trans- bills and resolutions of the following Administration, transmitting the Adminis- mitting the annual audit report for the Na- titles were introduced and severally re- tration’s final rule — Fisheries of the Exclu- tional Tropical Botanical Garden for the pe- ferred, as follows: sive Economic Zone Off Alaska; Pollock in riod from January 1, 2011 through December By Mr. GALLEGLY (for himself, Ms. Statistical Area 610 in the Gulf of Alaska 31, 2011, pursuant to 36 U.S.C. 4610; to the RICHARDSON, and Mr. MCKEON): [Docket No.: 111207737-2141-02] (RIN: 0648- Committee on the Judiciary. H.R. 6587. A bill to designate the facility of XC206) received October 15, 2012, pursuant to 8288. A letter from the Clerk, United States the United States Postal Service located at 5 U.S.C. 801(a)(1)(A); to the Committee on Court of Appeals, transmitting an opinion of 225 Simi Village Drive in Simi Valley, Cali- Natural Resources. the United States Court of Appeals for the fornia, as the ‘‘Postal Inspector Terry As- 8279. A letter from the Director, Office of Third Circuit, C.A. No. 09-4541, Maribel bury Post Office Building’’; to the Com- Sustainable Fisheries, NMFS, National Oce- Delrio-Mocci, et al v. Connolly Properties, mittee on Oversight and Government Re- anic and Atmospheric Administration, trans- Inc., (February 24, 2012); to the Committee form. mitting the Administration’s final rule — on the Judiciary. By Ms. JACKSON LEE of Texas (for Magnuson-Stevens Act Provisions; Fisheries 8289. A letter from the Director, Regu- herself, Mr. VAN HOLLEN, Mr. DAVIS Off West Coast States; Pacific Coast Ground- latory Review Group, Department of Agri- of Illinois, Mr. CARSON of Indiana, fish Fishery; Correction [Docket No.: culture, transmitting the Department’s final Mr. CICILLINE, Mr. BRADY of Pennsyl- 120403252-2392-01] (RIN: 0648-BC06) received rule — Suspension of End-Use Certificate vania, Ms. SLAUGHTER, Ms. NORTON, October 4, 2012, pursuant to 5 U.S.C. Program Requirements received October 4, Mr. SIRES, Mr. TOWNS, Ms. SCHWARTZ, 801(a)(1)(A); to the Committee on Natural 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. RICHARDSON, Ms. MCCOLLUM, Mrs. Resources. Committee on Ways and Means. DAVIS of California, Mr. AL GREEN of 8280. A letter from the Acting Deputy Di- 8290. A letter from the Chief, Trade and Texas, Mrs. MALONEY, Mr. PETERS, rector, Office of Sustainable Fisheries, Commercial Regulations Branch, Depart- Mrs. NAPOLITANO, Mr. CULBERSON, NMFS, National Oceanic and Atmospheric ment of Homeland Security, transmitting Mr. FARENTHOLD, Mr. CONYERS, Mr. Administration, transmitting the Adminis- the Department’s final rule — United States- PALLONE, Ms. SEWELL, Ms. EDDIE tration’s final rule — Fisheries of the North- Peru Trade Promotion Agreement [USCBP- BERNICE JOHNSON of Texas, Mr. eastern United States; Northeast Multispe- 2011-0043] (RIN: 1515-AD79) received October THOMPSON of Mississippi, Mr. RICH- cies Fisheries Management Plan; Northern 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to MOND, Mr. SCOTT of Virginia, Ms. Red Hake Quota Harvested [Docket No.: the Committee on Ways and Means. FUDGE, Mr. PERLMUTTER, Mr. 110816505-2184-03] (RIN: 0648-XC201) received 8291. A letter from the Chief, Publications CLEAVER, Mr. CLYBURN, Ms. KAPTUR, October 15, 2012, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue and Mr. YODER): 801(a)(1)(A); to the Committee on Natural Service, transmitting the Service’s final rule H.R. 6588. A bill to award a Congressional Resources. — Update of Weighted Average Interest Gold Medal to Malala Yousufzai, in recogni- 8281. A letter from the Acting Deputy Di- Rates, Yield Curves, and Segment Rates [No- tion of her devoted service to education, jus- rector, Office of Sustainable Fisheries, tice 2012-64] received October 16, 2012, pursu- tice, and equality in Pakistan; to the Com- NMFS, National Oceanic and Atmospheric ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Financial Services. Administration, transmitting the Adminis- on Ways and Means. tration’s final rule — Fisheries of the North- 8292. A letter from the Chief, Publications MEMORIALS eastern United States; Bluefish Fishery; and Regulations Unit, Internal Revenue Quota Transfer [Docket No.: 1202010086-2418- Service, transmitting the Service’s final rule Under clause 3 of rule XII, memorials 02] (RIN: 0648-XC235) received October 15, — Fringe Benefits Aircraft Valuation For- were presented and referred as follows: 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the mula (Rev. Rul. 2012-27) received October 16, 289. The SPEAKER presented a memorial Committee on Natural Resources. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the Senate of the State of California, rel- 8282. A letter from the Acting Deputy Di- Committee on Ways and Means. ative to Senate Joint Resolution No. 29 sup- rector, Office of Sustainable Fisheries, 8293. A letter from the Chief, Publications porting the Department of Justice’s inves- NMFS, National Oceanic and Atmospheric and Regulations Branch, Internal Revenue tigation into whether state legislatures are Administration, transmitting the Adminis- Service, transmitting the Service’s final rule discriminating against and suppressing the tration’s final rule — Fisheries of the Exclu- — Applicable Federal Rates — November 2012 vote of minorities, senior citizens, young sive Economic Zone Off Alaska; Pollock in (Rev. Rul. 2012-30) received October 17, 2012, adults or those with physical disabilities or Statistical Area 620 in the Gulf of Alaska pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- limited economic means; to the Committee [Docket No.: 111207737-2141-02] (RIN: 0648- mittee on Ways and Means. on the Judiciary. XC207) received October 15, 2012, pursuant to 8294. A letter from the Chief, Publications 290. Also, a memorial of the House of Rep- 5 U.S.C. 801(a)(1)(A); to the Committee on and Regulations, Internal Revenue Service, resentatives of the State of Michigan, rel- Natural Resources. transmitting the Service’s final rule — RIC ative to House Resolution No. 325 urging the

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Congress to provide funding to the United This bill is enacted pursuant to the power H.R. 3269: Mr. PERLMUTTER. States Army Corps of Engineers for dredging granted to Congress under Article 1, Section H.R. 3334: Ms. WATERS. harbors of refuge and maintaining seawalls; 8, Clause 1 of the United States Constitution. H.R. 3506: Ms. KAPTUR. to the Committee on Transportation and In- f H.R. 3510: Mr. RANGEL and Mr. PETERS. frastructure. H.R. 3612: Mrs. MCCARTHY of New York, Mr. 291. Also, a memorial of the Senate of the ADDITIONAL SPONSORS SABLAN, and Mr. CONYERS. State of California, relative to Senate Joint Resolution No. 30 supporting the Social Se- Under clause 7 of rule XII, sponsors H.R. 3618: Ms. HIRONO. curity Fairness Act of 2011; to the Com- were added to public bills and resolu- H.R. 3634: Mr. PASCRELL and Mr. WOMACK. mittee on Ways and Means. tions as follows: H.R. 3769: Ms. SCHWARTZ. 292. Also, a memorial of the Senate of the H.R. 3821: Mr. SIRES. H.R. 718: Mrs. EMERSON and Ms. BONAMICI. State of Michigan, relative to Senate Reso- H.R. 4122: Mr. TONKO, Mr. FILNER, Mr. H.R. 719: Mr. GARAMENDI. lution No. 134 urging the Congress to change GEORGE MILLER of California, Mrs. MCCAR- H.R. 812: Mr. ISRAEL. the eligibility requirements for Social Secu- THY of New York, Mr. CAPUANO, Mr. CRITZ, H.R. 973: Mr. YODER rity Disability Insurance and Supplementary Ms. BASS of California, and Ms. CHU. H.R. 1084: Ms. CHU. Security Income benefits; to the Committee H.R. 4202: Ms. BORDALLO. on Ways and Means. H.R. 1381: Mr. RANGEL. H.R. 1426: Mr. ANDREWS. H.R. 4271: Mrs. CHRISTENSEN and Mr. WATT. f H.R. 1477: Ms. CASTOR of Florida. H.R. 4323: Mr. MARCHANT. CONSTITUTIONAL AUTHORITY H.R. 1489: Ms. ROYBAL-ALLARD. H.R. 5943: Mr. OLSON. STATEMENT H.R. 1546: Ms. BONAMICI. H.R. 6239: Mr. LUETKEMEYER. H.R. 1568: Mr. CLAY. H.R. 6273: Mr. CUMMINGS. Pursuant to clause 7 of rule XII of H.R. 1862: Mr. VAN HOLLEN. H.R. 6381: Mr. CLAY. the Rules of the House of Representa- H.R. 1886: Mr. FARR. H.R. 6409: Mr. TIERNEY. tives, the following statements are sub- H.R. 1887: Mr. FARR. H.R. 6421: Ms. LORETTA SANCHEZ of Cali- mitted regarding the specific powers H.R. 1888: Mr. FARR. fornia. granted to Congress in the Constitu- H.R. 2016: Mr. LARSEN of Washington and H.R. 6454: Ms. ZOE LOFGREN of California. tion to enact the accompanying bill or Ms. ESHOO. H.R. 6483: Mrs. DAVIS of California. H.R. 2086: Mr. LOEBSACK. joint resolution. H.R. 6506: Mr. ISRAEL. H.R. 2151: Mr. ELLISON. By Mr. GALLEGLY: H.R. 6514: Mr. FRANK of Massachusetts. H.R. 2353: Mr. GERLACH. H.R. 6587. H.R. 6575: Mr. GOODLATTE. H.R. 2437: Ms. MCCOLLUM. Congress has the power to enact this legis- H. Res. 111: Mr. REED and Ms. HIRONO. H.R. 2479: Mrs. DAVIS of California and Mr. lation pursuant to the following: H. Res. 134: Ms. JENKINS. This bill is enacted pursuant to Article I, MANZULLO. H. Res. 298: Mr. CARNEY. Section 8, Clause 7 of the United States Con- H.R. 2547: Mr. RANGEL. H. Res. 387: Mr. STARK. stitution, it is the power of Congress to ‘‘Es- H.R. 2607: Mr. GUTIERREZ. tablish Post Offices . . .’’. H.R. 2634: Mr. LANGEVIN. H. Res. 601: Mr. MARCHANT. By Ms. JACKSON LEE of Texas: H.R. 2701: Mr. LANGEVIN. H. Res. 650: Ms. SCHAKOWSKY. H.R. 6588. H.R. 2950: Ms. CHU. H. Res. 760: Mr. BLUMENAUER, Mr. HONDA, Congress has the power to enact this legis- H.R. 3085: Mr. PENCE and Mr. GUTHRIE. and Mr. CONNOLLY of Virginia. lation pursuant to the following: H.R. 3151: Mr. WAXMAN. H. Res. 789: Mr. KLINE.

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Vol. 158 WASHINGTON, TUESDAY, NOVEMBER 13, 2012 No. 144 Senate The Senate met at 2 p.m. and was Mr. WEBB thereupon assumed the ican people have many urgent needs. called to order by the Honorable JIM chair as Acting President pro tempore. They need more jobs. They need eco- WEBB, a Senator from the Common- f nomic certainty. They need oppor- wealth of Virginia. SPORTMEN’S ACT OF 2012—MOTION tunity and fairness. TO PROCEED—Resumed PRAYER It is within our power as a Congress to quickly address these urgent needs. The Chaplain, Dr. Barry C. Black, of- RECOGNITION OF THE MAJORITY LEADER The ACTING PRESIDENT pro tem- fered the following prayer: It is within our power to forge an Let us pray. pore. The majority leader is recog- agreement that will give economic cer- Eternal Father, our shelter in the nized. tainty now to middle-class families time of storm, bless the Senators who WELCOME TO EVERYONE who can least afford a tax hike. are preparing to leave and those who Mr. REID. Mr. President, after our It is within our power to forge an are coming. As we turn to a new chap- election, I welcome everyone back. For agreement that will ask the richest of some it was a nice break. For others it ter in our Nation’s history, we ask for the rich—the most fortunate among was a lot of hard work. We welcome ev- Your guidance. We need You to guide us—to pay a little extra to reduce the eryone back and look forward to a very us through the labyrinthine seasons of deficit and secure our economic future. history, for we are weak but You are productive next 6 weeks. It is within our power to forge an mighty. Lord, guide us with Your SCHEDULE agreement that will protect important faithful Hands, becoming for this great Mr. REID. Mr. President, the Senate tax deductions for families and busi- land our strength and shield. Strength- is considering the motion to proceed to nesses still struggling. en our weakness, comfort us in trouble S. 3525, the Sportsmen’s Act, and distress, and empower us to fight postcloture. At 5:30 p.m., there will be It is within our power to forge an the good fight of faith. a rollcall vote on the motion to pro- agreement that will take a balanced We pray in the Name of Him who is ceed to the legislation. approach to reduce spending. the way, the truth, and the life. Amen. FACING GREAT CHALLENGES In fact, we could avert the fiscal cliff f Mr. REID. Mr. President, for the last for 98 percent of American families and year, the country has been focused on PLEDGE OF ALLEGIANCE 97 percent of small businesses today. the difference between Republicans and The House must only consider the Sen- The Honorable JIM WEBB led the Democrats. And for the last 2 years, ate-passed bill freezing tax rates for Pledge of Allegiance, as follows: this Congress has not accomplished those making less than $250,000 a year. I pledge allegiance to the Flag of the nearly enough. But as we close the This Congress is but one vote away United States of America, and to the Repub- 112th Congress, it is time to focus on lic for which it stands, one nation under God, from avoiding the fiscal cliff for mid- our shared goals and our common pur- dle-class families and small businesses. indivisible, with liberty and justice for all. pose. f We all agree, I hope, that today— As influential conservative Bill APPOINTMENT OF ACTING now—great challenges face our country Kristol said this week: PRESIDENT PRO TEMPORE and this Congress. Those challenges are Let’s have a serious debate. . . . It won’t large—too large to be solved by Demo- The PRESIDING OFFICER. The kill the country if we raise taxes a little bit crats alone. They are too large to be clerk will please read a communication on millionaires. It really won’t. undertaken by Republicans alone. And to the Senate from the President pro they are too grave for us to allow polit- So said Bill Kristol. tempore (Mr. INOUYE). ical differences to stand in the way of So solutions are in our grasp. We The legislative clerk read the fol- only have to make the choice to pull lowing letter: success. On the day Gerald Ford became together instead of pulling apart. U.S. SENATE, President of the United States, at a The hands of the Democratic Caucus PRESIDENT PRO TEMPORE, time of great national turmoil, he said: Washington, DC, November 13, 2012. are reaching toward our Republican To the Senate: There is no way we can go forward except friends, our Republican colleagues. I Under the provisions of rule I, paragraph 3, together and no way anybody can win except urge the Republicans to join us to do of the Standing Rules of the Senate, I hereby by serving the people’s urgent needs. We can- not stand still or slip backwards. We must go the difficult but necessary work that is appoint the Honorable JIM WEBB, a Senator ahead. from the Commonwealth of Virginia, to per- forward now together. form the duties of the Chair. So said Gerald Ford. If there is a message to take away DANIEL K. INOUYE, Mr. President, that is as true today from this year’s election, it is this: President pro tempore. as it was back then. Today the Amer- Americans are tired of the politics of

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

S6715

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They fought valiantly—val- fact that half the Congress opposes tax I urge any of my Republican col- iantly—for the cause of limited govern- hikes—not because we are selfish, not leagues who are considering the same ment, free enterprise, opportunity for because we are stubborn, but we know strategy of obstruction to turn away all, and a stronger social safety net it is the wrong thing to do, we know it from the divisions of the past and join that is there when people need it most. will hurt the economy, and we know it in cooperation, compromise, and con- In short, they fought for the kind of will destroy jobs. This is not partisan sensus. constitutional conservatism so many politics. It is economics. As the Presi- Gridlock is not the solution. It is the Americans believe in so very strongly. dent might say, it is math. problem. And their loss does nothing to diminish According to a recent independent, How this Congress deals with the the importance of these enduring prin- nonpartisan study, raising tax rates on challenges ahead will be the test of our ciples or our commitment to keep top earners, as the President has pro- character, both as individuals and as a fighting for them. So we thank them, posed, would destroy over 700,000 jobs. body politic—the U.S. Senate. and we thank their families, for mak- It would slow the economy, meaning As the British playwright John ing the sacrifices any Presidential less revenue would come into the Osborne said: campaign demands. And I want to as- Treasury. As a result, it would not do They spend their time mostly looking for- sure everyone: The cause goes on. much to reduce the deficit, even if ward to the past. Now onto the task at hand. Democrats actually followed through and used it for that purpose. We cannot look back. We must show AVOIDING THE FISCAL CLIFF Think about it: The amount of rev- the American people we are equal to In politics there is always a tempta- tion among those who win office to enue for which they are prepared to the challenges we now face. The chal- push us over the fiscal cliff would not lenges are here. We know the chal- think they have a mandate to do what they will. But it is important to re- fund the government for a week. Let lenges. We see the challenges. We can me say that again. The amount of rev- feel the challenges. member that in this case the voters also reelected a Republican-controlled enue for which they are prepared to There are many reasons why—as we push us over the cliff would not fund wind down this 112th Congress and em- House last week and a closely divided Senate. And in a government of three the government for 1 week. bark upon the 113th—we must succeed. So why in the world would we want equal branches, that is hardly irrele- But the best illustration of our to do that? What is the point? To make duty—our obligation—comes from the vant. Most people may focus on the White people feel good about whacking some- words of Medal of Honor recipient DAN- body else? That is not what we were IEL INOUYE. Senator INOUYE’s son asked House, but the fact is the government is organized no differently today than sent here to do. his dad why—after people were des- That is certainly not what the people it was after the Republican wave of ignated as enemy aliens, after being of Kentucky sent me here to do. That 2010. put in internment camps—why did he is not how you set economic policy— Look out across the heartland and and the members of the famed 442nd because it makes you feel good. You you will see vast regions of the country Regimental Combat Team fight hero- set economic policy because you think wary of the President’s vision for the ically the way they did. it will lead to investment in America, future. The country is sharply divided Asked why he fought, Senator INOUYE create jobs, and give more people an about the right path forward. If the told his son—many years after the bat- opportunity to lift themselves up, President wants to unite America, as tle had ended and Lieutenant INOUYE’s boosting middle-class incomes now and he has always claimed to, if he truly wounds had healed—that he fought ensuring security for the future. This realizes that he was elected to rep- ‘‘for the children.’’ Senator INOUYE said is the kind of vision Speaker BOEHNER that he fought for the children. So I resent all of its citizens, not just the laid out for the country last week. I say to my colleagues—Democrats and ones who voted to give him a second cannot think of any good reason the Republicans—we must legislate, legis- term last Tuesday, then he will seek President would not embrace it. late for our children. They deserve it. the common ground that he largely Some on the other side have said we We owe them the future. avoided so strenuously in his first should just go off the cliff—just go off It is time for Democrats and Repub- term. That is his task. That is the duty the cliff—and hope for the best. I do licans to go forward now together—‘‘go that comes with being President. not think that is what the American forward now together,’’ as Gerald Ford I hope that in this term he rises to people had in mind when they went to said—and show the American people the challenge. It starts by realizing the polls last week. I think what they that we are equal to the challenges we that he is the only man in America had in mind was that we put the con- face. The challenges are there. We who can sign a piece of legislation into test of the past 2 years behind us and must face them and face them to- law—the only one of the 306 million work it out. gether. Americans—and that while voters have The best way forward and the way given him a second term, they have RECOGNITION OF THE MINORITY LEADER that will lead to jobs and growth, a also given those of us in Congress the smaller deficit, and fewer political The ACTING PRESIDENT pro tem- power and the duty to ensure that he fights is to keep everybody’s tax rates pore. The Republican leader is recog- uses that power wisely. And that is, of right where they are for now, to figure nized. course, what we intend to do. out a way to avoid the automatic de- THE ELECTIONS The campaign is over. The time for fense cuts scheduled to hit at the end Mr. MCCONNELL. Mr. President, I slogans and pep rallies is past. If the of the year without cutting a penny want to begin by welcoming all the President is serious about solving cur- less than we promised and committing new Members who are here today, Re- rent crises and avoiding future ones, he to the kind of comprehensive tax and publican and Democrat. Congratula- has to step up and to lead. entitlement reform that we all claim tions on your victories, and welcome to So let me be clear: When it comes to we want. the Senate. I assure you, it is not as the great economic challenges of the A simpler Tax Code that lowers rates terrible a job as some say it is. We wel- moment, saying that you want a bal- and clears out certain deductions and come your ideas, your energy, and your anced approach is not a plan. Saying special interest loopholes would trigger enthusiasm, and we wish you every people need to pay their fair share is economic growth, create jobs, and re- success in your time here. not a plan. The tedious repetition of sult in more revenue without raising I also want to congratulate the Presi- poll-tested talking points is simply anyone’s rates. We know this because dent and the Vice President on their that. The longer the President uses we have seen it before. It actually hard-fought victory last week. And I them as a substitute for leadership, the works. wish to say a brief word of thanks to more difficult it will be to solve our Personally, I do not think Wash- our own nominees as well, Governor many problems. ington should get any of that extra

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I am not asking the Presi- government’s long-term solvency, Re- and automatic tax hikes that threaten dent to agree with us on the proper publicans like me have said for more to plunge us into another recession and role of government or the dangers of a than a year now that we are open to undermine at the same time our na- creeping regulatory state. I am not new revenue in exchange for meaning- tional defense. This looming crisis is asking him to adopt our principles. I ful reforms to the entitlement pro- made worse by the backdrop of a mas- am simply asking him to respect our grams that are the primary drivers of sive Federal debt that we will never be principles by not insisting that we our debt, so that we can reduce the def- able to tackle as long as Democrats compromise them because I assure you icit, protect these programs for today’s refuse even the smallest of reforms to we will not. But we will be happy to seniors, and strengthen them for future strengthen and protect the entitlement work with him on a plan to avert the generations. programs that are driving that debt. coming crisis and lay the groundwork So new revenue must be tied to gen- That is why Republicans have re- for further success down the road. uine entitlement changes that mained firm on this point: Any serious Let’s put the campaign behind us and strengthen these programs for the fu- solution, any serious solution, must in- get the job done. ture and preserve them and also ad- clude real spending cuts and meaning- I yield the floor. dress our long-term debt and deficit ful entitlement reforms to strengthen RESERVATION OF LEADER TIME problems. In other words, we would do and protect these programs for future The ACTING PRESIDENT pro tem- it if we thought we could make generations. We got into this mess be- pore. Under the previous order, the progress in creating more middle-class cause we promised cuts that never ma- leadership time is reserved. jobs and address what is by far the sin- terialized and because we could not The ACTING PRESIDENT pro tem- gle biggest obstacle to fiscal balance. muster the will to match entitlements pore. The Senator from Illinois. This is the basic outline of a plan, and with the changing demographics of our Mr. DURBIN. Mr. President, I ask it reflects our seriousness as a party. country. unanimous consent to speak as in So make no mistake, Republicans are We are not going to get out of it morning business. offering bipartisan solutions. Now it is until we agree to do both, and agree to The ACTING PRESIDENT pro tem- the President’s turn. It is his turn to do it together. Republicans have pore. Without objection, it is so or- demonstrate similar seriousness, bring reached out, made offers beyond our dered. his party to the table, and take the preferred approach in an effort to at- ELECTION RESULTS lead. We are ready to find common tract bipartisan solutions. Meanwhile, Mr. DURBIN. Mr. President, today is ground, ready to find common ground all we get from Democrats is letters November 13. I think what strikes me on revenue—not as I said because any saying they will not even consider re- about this date is it has only been 7 of us actually thinks the government forming the very programs that lie at days since the election. It seems like a needs any more of it, but because the heart, the very heart of our fiscal lot longer. Maybe it is because the Democrats, from the President on imbalance. election campaign itself felt so long. down, have said they are willing to Instead of showing faith and a will- But it has been 7 days since the Amer- punish everyone if they do not get it. ingness to solve the problem, we get ican people went out and voted. We are not about to let that happen, the same tired talking points that we I have to say this: It was not just be- but we are also not about to further cannot cut our way to prosperity. Well, cause of the victory of the President weaken the economy by raising tax that may poll well, but it is not a plan. which was important to many of us, rates and hurting jobs. It is a cliche that is meant to shut but it was quite a validation of this Look, this should not be that dif- down debate and prevent a serious pro- country and this democracy that mil- ficult. Recent history gives us two ex- posal from ever taking shape. lions of Americans made the personal amples of Presidents who solved big So how do we get around the stale- sacrifice, took the time, and went to problems by finding common ground mate? That is simple. Presidential the polling places and actually cast a with the other side. Ronald Reagan did leadership. Let me repeat. There is vote. When it was all over, thank the it with a Democratic-led House after a only one person in America out of 360 Lord, it was decisive. The President far more resounding second-term vic- million Americans who can sign some- won a majority of the popular vote as tory than President Obama’s, as did thing into law and, even more impor- well as a strong majority of electoral Bill Clinton with a Republican-con- tantly, deliver the members of his votes. The outcome was not in sus- trolled House and a Republican-con- party to support a deal that he makes. pense or in doubt when it was all over. trolled Senate after a more resounding We will arrive at a plan when the That was good for the process, it was second-term victory than President President presents one or we will not good for our country, and, quite frank- Obama’s. Both examples, both of them, get anywhere at all. That is how we get ly, it is time for us to move forward. illustrate the rare opportunity that di- out of a jam. That is what the moment During the course of the campaign, I vided government presents. requires. It is the President’s move. was actively working in my State of Il- President Obama can follow suit or There is no way we can avert these job- linois, around the Midwest, on behalf of he can take the extremist view that killing tax hikes before they strike and the President. I was at one of these both Reagan and Clinton rejected by replace the defense portion of the so- spin rooms, which is kind of hard to de- thumbing his nose at the other side called sequester with cuts of equal size scribe. You will not find it in the Con- and insisting that if Republicans are in areas that both sides have already stitution. It is hard to describe. After not willing to do things his way, he agreed to during last summer’s debt the debates there was this scrum of will not do anything at all. If the limit negotiations. We can do all of it politicians and spokesmen who stood President is serious, he will follow the in the weeks ahead with a promise to together under little signs with their lead of Presidents Reagan and Clinton. do even bigger things next year. names on them waiting for the press to If he is really serious, he will put the That is exactly what we should do. come up to them and say: What did you campaign rhetoric aside, propose a re- This is one of those moments where the see? What do you think? alistic solution that can pass a Repub- only thing standing between success I was in one of those. I can’t remem- lican-controlled House and a divided and failure is Presidential leadership. ber where it was. I think it might have Senate, and work to get it done. And if That is why we are calling on the been New York at Hofstra after one of the President acts in this spirit, I have President to seize the moment—seize the Presidential debates. One of the re- no doubt he will have the support of his the moment and do something he has porters said to me: So, Mr. DURBIN, I own party and a willing partner in not done before but which successful know you are here supporting Presi- ours. predecessors have so often done before. dent Obama. What are you going to do

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There were 18 of us. cent of Americans, and on this session should. That is the responsibility we Eleven of us voted for the commission after Veterans Day I wish to talk about all have regardless of party, to work report, a bipartisan report, and I still another 1 percent, the 1 percent who with the President to solve our Na- believe that it contains the basic ingre- have volunteered to defend us. I want tion’s problems. dients for finding our way through this to say a few words about veterans in Now, there were some who said 4 challenge. I hope we could have support earlier wars. Thirty years ago, thou- years ago that when they viewed the from the other side of the aisle. sands of veterans of the Vietnam war I listened carefully to the speech just new President, President Obama, their came home. They gave themselves a given by the Senator from Kentucky, goal was to make sure, above all, that homecoming parade that they deserved and he said repeatedly that the elec- he was a one-term President. That was but almost none had ever received. The an unfortunate statement because it tion is behind us, we need to work to- gether. That is exactly the right thing Presiding Officer here from Virginia, I suggested that solving problems and know as a Senator and as an ace Viet- dealing with our challenges was sec- to say. It means we have to ask the Re- publican side that they join us in find- nam veteran, knows of what I speak. ondary to a political victory. I hope With wounded veterans in wheel- ing revenue. We know we need more in that in the second term the President chairs leading the parade, they tax revenue to deal with this deficit. can turn to both sides of the aisle in marched up Constitution Avenue to Congress and find support for solving The President has proposed that those making over $250,000 a year pay a little dedicate the National Vietnam Vet- our Nation’s problems. They are many. erans Memorial, on whose polished The first one is this fiscal cliff which more. I don’t think that is unreason- able. Those who have been blessed with granite walls were etched the names of Americans are hearing more and more nearly 58,000 dead and missing com- about. On December 31 of this year success and comfort in life and doubly blessed by being part of this great Na- rades-in-arms. laws will expire and things are going to Here is a photograph that was taken tion should be wanting to pay back a happen. What will happen is taxes will that day. This is Joseph Ambrose of little to help us get through this eco- go up across the board, not just on the Joliet, IL. Mr. Ambrose was 86 years nomic challenge, and I think they will. wealthy but on everyone. There will be I genuinely think they will. I also be- old then. He is wearing the same uni- cutbacks in unemployment compensa- lieve those who are in the middle-in- form he wore as a 19-year-old U.S. tion, cutbacks in the payroll tax, 2-per- come categories, working families, Army private in France in World War I. cent cuts. There will be a lot of dif- need to be spared a tax increase. Many In his arms he carries a flag, the flag ferent changes that affect a lot of peo- of them are struggling paycheck to that covered the coffin of his son who ple. We are going to see automatic cuts paycheck. It isn’t an easy economy in gave his life for our country in Korea. in spending, sequestration as we call it, which to raise a child, put a child Joseph Ambrose wore his old Army both on the defense side and non- through college or keep your home or ‘‘doughboy’’ uniform and carried his defense side. make plans for the future. We need to son’s flag often to Veterans Day pa- Many people have said: Well, who give those working families a helping rades and VFW conventions. He con- dreamed this up? And the honest an- hand to make sure they don’t face a fessed that some years he had to go on swer is all of us in Congress, Democrats tax rise. a crash diet to get back into the uni- and Republicans, together with the The President said the other day that form, but he did it to honor the vet- President created this so-called fiscal we have a bill pending before the House erans of Vietnam and Korean wars that cliff, and we voted for it. The Repub- that would spare those families making he believed Americans needed to re- lican leader of the Senate was here a $250,000 or less a year from seeing a tax member, and he wanted to remind us of few minutes ago. He voted in favor of increase, and he asked the House to an important truth, that no matter the it. I did too. pass it. I hope they will. That means outcome of the war, those who answer The idea was to have a December 31 we can focus on taxes only for those in the call of duty and risk everything to deadline that was so imposing and so higher income categories. The Senator defend our country deserve the respect threatening that we would do some- from Kentucky said, well, it doesn’t of a grateful nation. thing to avoid it. We created a super- raise that much money. I beg to differ. In the 30 years since its dedication, committee to reduce the deficit, with If we impose a tax on those making the Vietnam Veterans Memorial has equal numbers of Democrats and Re- over $250,000 a year, and if we go back become an almost sacred place of re- publicans, and said: Find a way out of pre-Bush tax cuts, it raises $800 billion membering, reconciliation, and heal- this deficit mess so we can avoid this over 10 years. That is not insubstan- ing. It has a special impact on visitors. cliff. tial. It is an important sum that we I was one. As you walk down that in- They could not. They were unable to need to have to move toward a budget cline and this polished granite monu- reach an agreement. So now this De- that is closer to being in balance. We ment starts to loom higher and higher, cember 31 deadline is looming. It is one have to include it. We need to look at and the names grow until you are en- that ought to sharpen our senses and entitlement programs in an honest gulfed by them, you have a feeling of our attention on solving the problems fashion. We need to make sure that at the immensity of sacrifice that was in- that face this country. They are sub- the end of the day the Social Security volved in that war. stantial. system is there for generations to This past weekend in Chicago and First, we need to get out of this re- come, and Medicare, which is so impor- Quincy, IL, big cities and small alike cession. We are moving forward but tant to 40 or 50 million Americans, will across America communities held Vet- slowly. We need to make sure that be there for many years to come as erans Day parades. Volunteers assem- whatever we do in Congress it moves us well. That is part of our responsibility. bled and sent thank-you packages to in the direction of creating more jobs I welcome the statement by the Sen- the troops serving overseas. I was at and strengthening business and making ator from Kentucky. I take him at his Union Station in Chicago yesterday. us more competitive in the 21st-cen- word that he is willing to work with Fifth Third Bank sponsored the send- tury economy. the President. He has called on the ing of these packages to those who are But secondly, as important, we need President to lead, and that is only currently serving. It is all good and it to deal with the deficit, a deficit which right; the President is the leader of our is important, but it is only a fraction requires us to borrow 40 cents for every Nation. of what we owe to veterans. dollar we spend in Washington. That is I might also add that we need leader- Mr. President, I want to give special unsustainable. I say that as a Demo- ship in Congress as well, Democrats thanks to you and a special shout-out

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6719 for what you have accomplished in this young man finally could take a tory of the world. They have done an your service in the Senate. I remember few steps. enormously good job for our country, the first time we ever sat down and had His dad said at that time, In about a and they can do the same for busi- any serious conversation about your month Eric is going to walk out of the nesses across America. service in the Senate for the State of front door of this hospital. Can you be I hope the bipartisan plan which we Virginia, and you told me your No. 1 there? Of course I was. It was a proud are working on with Senator BILL NEL- priority was a new GI bill. You were day not only for Eric and his family SON of Florida to pass will be enacted brandnew to this place, but you sure but for all of us to see the dramatic soon and become part of the law of the knew that subject inside and out. I re- progress he made. land to help these veterans. The Presi- spected you so much for it and respect Today Eric lives in North Carolina dent is prepared to sign it, and the you even more for sticking with it. with his wife and two young children. sooner we do it the better. Your determination led to the creation His mom and dad are there by his side Let me salute some of the veterans in of a new GI bill. Thousands—thou- every day. They have moved in today the Senate who are here: Senator sands—of veterans are going to have to be full-time caregivers for their son, FRANK LAUTENBERG, who served in better lives and their families as well and the family caregivers act helps World War II; Senator DANNY INOUYE, a because you were determined to make their family and so many others make Medal of Honor recipient from World it happen. sure that Eric is home with his family War II; Senator JOHN MCCAIN, Senator I know you are retiring and nearing where he wants to be, receiving the TOM CARPER, Senator KERRY, and the the end of your term here in the Sen- kind of care he deserves for service to Presiding Officer, Senator JIM WEBB, ate, but it is a lasting contribution to our country. So far more than 130 fami- both of whom served with honor in this country, and I am glad that since lies in Illinois and more than 5,000 na- Vietnam, as well as Senator LINDSEY it was at the top of your list when you tionwide are part of the caregivers pro- GRAHAM, who continues to serve as a arrived that you got it done. Some gram. I am proud of that program. I colonel in the Air Force Reserve; and Senators spend a lifetime around here thank Senator Clinton for a great idea. my colleague Senator MARK KIRK, who and never get No. 1 on the list accom- I thank Senator DANNY AKAKA, who is a commander in the Navy Reserve. plished, but you did it, and I thank you was chairman of the Veterans’ Affairs And not to leave out Senators AKAKA, very much for your leadership in that Committee when it passed as part of BINGAMAN, BLUMENTHAL, SCOTT BROWN, regard. larger legislation. CARPER, COATS, COCHRAN, ENZI, HAR- It was 21⁄2 years ago that we also cre- Posttraumatic stress syndrome is an- KIN, INHOFE, ISAKSON, TIM JOHNSON, ated the family caregivers act to help other signature wound of these wars KOHL, LUGAR, BILL NELSON, REED, ROB- veterans who survived catastrophic and that we recently engaged in. These ERTS, SESSIONS, and WICKER. disabling injuries in Iraq and Afghani- wounds aren’t visible, but they are The elections earlier this month saw stan and the family members who sac- wounds to the spirit. They can be just at least 9 new veterans of Iraq and Af- rificed so much to help them. I intro- as debilitating and deadly as a visible ghanistan elected to Congress, bringing duced this bill after Senator Hillary wound. We know that active-duty serv- the total of new veterans in the next Clinton moved on to the State Depart- icemembers are taking their own lives Congress to at least 16. They are still ment 4 years ago. I thought it was a at alarming rates, and the suicide rate counting the ballots in some States. good idea and it was recommended to among veterans is even higher. The VA The people of Illinois are proud that me by the family of wounded veteran estimates that 18 veterans a day take 3 of those 16 veterans are from our Eric Edmundson. His mom and dad and their own lives. The VA has made he- State: Congressman ADAM KINZINGER, sister came to me, and we talked about roic efforts to keep up with the surge an Air Force veteran of Iraq and Af- the caregivers act. Traumatic brain in- of mental health needs in Iraq and Af- ghanistan, and two exceptional leaders juries, as we know, are one of the sig- ghanistan veterans. Yet despite those who will join the next Congress, Bill nature casualties of the wars in Iraq efforts only a fraction of veterans with Enyart, a new Congressman from and Afghanistan. PTSD are receiving timely, effective downstate Illinois, a veteran of Viet- In 2005, Eric Edmundson was a 26- care. nam and former adjutant general of the year-old Army sergeant. He survived a President Obama recently issued an Illinois National Guard. Then, of roadside blast but then went into car- Executive order to improve mental course, my friend, my ‘‘sheroe,’’ diac arrest while awaiting transport to health care for servicemembers and Tammy Duckworth. She is the daugh- a military hospital. His brain was de- veterans. The order will expand by 50 ter of a Vietnam vet and one of the prived of oxygen for almost 30 minutes. percent the capacity of the VA on their first women to ever fly a combat mis- Doctors told his parents that Eric crisis line to make sure that any vet- sion in Iraq. She was copiloting a would spend the rest of his life in a eran facing a crisis can get professional Black Hawk helicopter when an RPG vegetative state, and they should help within 24 hours. struck her helicopter. She lost both her choose a nursing home for their 26- There is a bill pending in the Senate legs and the use of her right arm. She year-old son. But Eric’s mom and dad that would do even more. The Mental has worked in both State and Federal said, no, we are not giving up on this Health ACCESS Act introduced by Sen- Government on behalf of veterans. young man. They fought for Eric to be ator PATTY MURRAY, who has been an What a proud day it will be for Amer- transferred to the Rehabilitation Insti- amazing champion of veterans—she is ica when Tammy stands to take the tute of Chicago, one of the best—in the daughter of a severely wounded oath of office in just a few weeks as the fact, the same hospital that my col- veteran, and a fierce champion for vet- newest member of the U.S. House of league Senator MARK KIRK has been re- erans and their families—the Mental Representatives. turning to time and time again for re- Health ACCESS Act, which I am proud I want to say a word about my first habilitation from his stroke. to cosponsor, would make comprehen- boss in the Senate, another veteran by I visited Eric at that hospital several sive improvements in VA suicide pre- the name of Paul Douglas, a man who times. He worked so hard to heal and vention counseling and mental health at the age of 50 enlisted in the Marine to make progress and his family was staffing. It would also expand eligi- Corps in 1942, went through Parris Is- with him every day. I will never forget bility for a variety of VA health and land training, talked himself into com- the time I visited Eric in his hospital mental health services to family mem- bat, where he was wounded at Peliliu room in Chicago and his mom said, bers, which are so important. We also and then more seriously wounded at Eric has a gift for you. I thought, wait need to step forward as well and make Okinawa and lost the use of his left a minute, Eric is giving me a gift, at sure that we go beyond welcoming arm. He was an extraordinary man who which point his mom and dad walked home parades for veterans and find refused to take his veterans’ disability over on each side of his wheelchair, them a job. Parades are just fine, but if pay. He sent his checks back to the grabbed one of his elbows each, lifted you really want to support a veteran, government every single month. He him up, and Eric took three steps. It hire that veteran. Give that veteran a joked that you could do the work of a was amazing. There wasn’t a dry eye in job. America’s military today is the Senator with one arm tied behind your that hospital room, tears of joy that best trained, best educated in the his- back, so it wasn’t really fair for him to

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Four years later, in beyond, that at least on the issue of to apply for legal status, and 29 percent 2003, Carlos graduated with a bachelor helping our veterans, we can come to- disagreed. of science degree in computer engineer- gether on a bipartisan basis. In my time in the Senate, I have had ing, with minors in computer science, IMMIGRATION REFORM the opportunity to be involved in sev- electrical engineering, mathematics, Mr. DURBIN. Mr. President, it was eral bipartisan efforts to pass immigra- and Spanish. He was named the top 101 years ago when my grandmother tion reform. On the Democratic side, Hispanic graduate in his class at the came to this country with three small the late Senator Ted Kennedy was our University of Arizona. children and landed in Baltimore from leader, and Senator JOHN MCCAIN took After Carlos graduated, reality set Lithuania, and came down the steps the lead on the Republican side. Presi- in. He received job offers from Intel, into America for the first time. The dent Barack Obama, then a Senator, IBM, and a lot of top tech companies, year was 1911. I don’t know how my was part of that effort. Unfortunately, but he couldn’t work for them because grandmother managed to navigate her we haven’t moved forward since those he is undocumented. But Carlos didn’t way to East Saint Louis, IL, to meet days. give up. He enrolled in a master’s pro- my grandfather with those three little There is one part of immigration re- gram for software systems engineering kids and not speaking a word of form that is very important to me per- at the University of Arizona. He com- 1 English, but she did. So it is with some sonally. It is known as the DREAM pleted the 2 ⁄2-year program in just a pride that I have displayed in my office Act. Eleven years ago I introduced this year and a half. He was nominated for right behind my desk my mother’s nat- legislation for the first time. It would the University of Arizona Graduate uralization certificate when she be- allow a select group of immigrant stu- School Centennial Award, given to the came a citizen of the United States. dents with great potential to con- school’s top graduate student. I think the fact that her son became tribute to this country. The DREAM This is a hopeful time for DREAMers a U.S. Senator tells a great story about Act would give these students a chance like Carlos. The Obama administration our Nation and the opportunity that is to earn their way to citizenship if they has granted temporary legal status to available. came to the United States as children, young people who would be eligible for the DREAM Act. The status—known as I have always had a soft spot in my have good moral character, graduate deferred action for childhood arrivals— heart for immigrants because I am the from high school, and complete at least will allow DREAMers to live and work proud son of an immigrant who came 2 years of college or serve in our mili- legally in America, and they can renew to this country and worked her way tary. Now, these young people grew up it every 2 years. This will give these into citizenship and raised a good fam- in America, and they have overcome young immigrants the chance to come ily. Our story is not unique. It is, in great obstacles. They went to school out of the shadows and be part of the fact, the American story. And this with many of our own kids, and they only country they have ever really election has really brought to the at- are valedictorians, star athletes, and known. It is a historic moment in the tention of many the need for us to deal leaders in the ROTC. They are our fu- long struggle for equal justice in Amer- with immigration reform. There are ture doctors, engineers, and teachers ica. more than 10 million Americans out who will make America stronger. Why The administration’s new deporta- there who are undocumented, uncer- would we want to educate them and tion policy will make America stronger tain of their future. Some people mis- then lose their talents for the future of by giving the DREAMers a chance to takenly believe they live in homes full our country? be part of it. Carlos Martinez sub- of undocumented people. In most cases, Last month a new report from the mitted his application on August 15, we find that four out of the five in a Center for American Progress and the the very first day forms were available, family are legally here in America and bipartisan Partnership for a New and he was one of the first to receive the fifth—maybe even mom—is un- American Economy concluded that deferred action for childhood arrivals. documented. So it is a challenge for us passage of the DREAM Act would add Thanks to President Obama’s new pol- to deal with these folks who have been $329 billion to our economy and create icy, Carlos will finally be able to use here for so long in a fair and honest 1.4 million new jobs by 2030. In my his bachelor’s and master’s degree in way. We can’t turn our backs on them. home State of Illinois, by 2030 the computer engineering. He had to wait 7 One can go into a restaurant or hotel DREAM Act would contribute $14 bil- years after receiving his master’s de- in Chicago and by and large find many lion to the economy and DREAMers gree, but the day has finally come of these individuals working to clean would create up to 58,000 new jobs, gen- when he will get his chance. the rooms and clear the tables. A fam- erating $461 million in tax revenue. As soon as he received the notifica- ily who has someone in a nursing home The young people who would be eligi- tion, Carlos went to a career fair at his probably has an undocumented worker ble for the DREAM Act call themselves alma mater and handed out resumes to who is making sure their mother or fa- DREAMers. Like the civil rights activ- IBM, Intel, and the other tech compa- ther or someone they love has the ba- ists of past generations, they speak nies that had tried to hire him years sics they need every single day. So we out. Now they are telling us their sto- earlier. In a letter he wrote to me, Car- need a realistic and reasonable ap- ries. I have been coming to the floor al- los said: proach to address the millions of un- most every week in the Senate to tell It was the best news of my life. Finally I documented immigrants living in the story of another DREAM Act stu- would be able to work as a software engineer America today. dent. It is the best way for people to or own a business and create jobs. In this year’s election, the Repub- understand who they are. According to recent polls, the Amer- lican Presidential nominee advocated I want to talk about Carlos Martinez ican people clearly support the new what he called ‘‘self-deportation.’’ It today. Carlos and his brother were DREAM Act policy. For example, a doesn’t make any sense. It would be brought to the United States in 1991 Bloomberg poll found that 64 percent of wrong to force millions of hard-work- when Carlos was 9 years old. When Car- likely voters—including 66 percent of ing immigrants who are contributing los came to this country, he didn’t Independents—support the policy, com- to our country to leave. Instead, we speak a word of English. His father told pared to only 30 percent who oppose it. need a better solution—a path to citi- him, ‘‘Estudien para que no batallen en The American people understand it zenship for immigrants who will earn la vida como yo.’’ Translated, it means, makes no sense to deport these tal- their way into that status by working ‘‘Study, so you don’t struggle in life ented young people. They grew up in hard, paying their taxes, learning like I have.’’ That was the advice he re- America, and they can make us a bet- English, and being a part of America’s ceived from his dad, and Carlos took it ter nation. future. The American people agree. Ac- to heart. At Cholla High School in Tuc- As America learns more about the cording to exit polls from last week’s son, AZ, Carlos graduated ninth in his DREAMers in our midst, such as Carlos

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6721 Martinez, who are ready to contribute VETERANS’ COMPENSATION COST- Chelsey, who is currently expecting their talents to getting our economy OF-LIVING ADJUSTMENT ACT OF their second child, and a 1-year-old son, back on track, support will build for 2012 Paxton. Mr. President, it is people such as passing the DREAM Act and com- Mr. DURBIN. Mr. President, I ask Jason Swindle who are the true Amer- prehensive immigration reform. Presi- unanimous consent that the Veterans’ ican heroes. I ask my colleagues to dent Obama has given temporary pro- Affairs Committee be discharged from keep his wife, children, and the rest of tection to DREAMers. Now let’s pass further consideration of H.R. 4114 and his family in their thoughts and pray- the law. Let’s do the right thing for that the Senate proceed to its consider- ers during this very difficult time. I ation. people just like Carlos all over the humbly offer my sincerest gratitude to The ACTING PRESIDENT pro tem- United States. Jason for his selfless sacrifice in the pore. Without objection, it is so or- Mr. President, I have listened care- service and defense of this great Na- dered. The clerk will report the bill by fully to some of the statements made tion. title. after the elections by those on the The PRESIDING OFFICER (Mr. The legislative clerk read as follows: other side of the aisle, many of whom FRANKEN). The Senator from Kansas. A bill (H.R. 4114) to increase, effective as of Mr. MORAN. Mr. President, first I have opposed the DREAM Act from the December 1, 2012, the rates of compensation start, and I have been heartened and would like to add my condolences and for veterans with service-connected disabil- sympathy to the family in honor of encouraged that so many are now ities and the rates of dependency and indem- Sergeant Swindle. I appreciate what speaking out in favorable terms about nity compensation for the survivors of cer- the Senator from Arkansas had to say, doing something finally for young peo- tain disabled veterans, and for other pur- poses. and I join all my colleagues in recog- ple like Carlos. Let’s get this done. nizing the sacrifice of this soldier and There being no objection, the Senate This used to be a very bipartisan meas- many others who have made such a tre- proceeded to consider the bill. ure, but filibusters have stopped it year mendous sacrifice and have created op- Mr. DURBIN. I ask unanimous con- after year. We can pass it, and we portunities for us as Americans. sent that the bill be read three times should pass it. In 2007, the first time GLOBAL ENTREPRENEURSHIP WEEK and passed, the motion to reconsider be the DREAM Act came to a vote on the Mr. President, we have just come laid upon the table, with no inter- floor of the Senate, 52 Senators—a bi- through a divisive and expensive cam- vening action or debate, and that any partisan majority—voted for it, but paign. Hopefully that divisiveness and statements related to the bill be print- still the Republican filibuster stopped that expense is a thing of the past, and ed in the RECORD. us. We didn’t get the 60 votes we need- I come to the floor today—during Glob- The ACTING PRESIDENT pro tem- ed. Three years later, in December of al Entrepreneurship Week—to ask my pore. Without objection, it is so or- 2010, the DREAM Act was again consid- colleagues to now work together to dered. ered on the floor of the Senate. The pursue policies that are guaranteed to The bill (H.R. 4114) was ordered to a gallery was filled with DREAMers in improve our economy. There have been third reading, was read the third time, too many opportunities in the past their caps and gowns. It was an inspir- and passed. ing sight to look up and see them in year to pursue issues and policies that those seats. That day 55 Senators voted f divide us. Now we must come together around something that can unite us— for the DREAM Act. It was a majority SPORTSMEN’S ACT OF 2012— entrepreneurship, innovation, and but not enough; we needed 60 to over- MOTION TO PROCEED—Continued come another Republican filibuster. startup businesses. The ACTING PRESIDENT pro tem- The story of America is really a The President and the vast majority of pore. The Senator from Arkansas. story of entrepreneurs. Our history is Democrats continue to support the HONORING OUR ARMED FORCES filled with examples of determined in- DREAM Act and comprehensive immi- dividuals who risked their livelihoods gration reform. SERGEANT JASON M. SWINDLE Mr. BOOZMAN. Mr. President, at a to pursue ideas they believed could Let me add that the DREAM Act is time when we are seeing reports of vio- solve problems and improve the quality very important to me, but equally if lence in areas all around the world, we of life of people around the world. not more important is comprehensive must never forget that the men and These entrepreneurs built the founda- immigration reform to help not only women of the U.S. military are out tion of the American economy from its Carlos but many like him—their par- there fighting on our behalf day in and earliest days, pushing forward innova- ents and members of their family—who day out so we can live in a safe envi- tive solutions to some of our most may not qualify under the DREAM Act ronment here at home. Our service- complex problems. They pursued success, and that suc- but deserve a chance as well. members are well aware of the risks cess built the American economy and they face as they serve this Nation, I believe most of my Republican col- the jobs it provides. leagues understand that immigration and it is our duty to do all we can to Entrepreneurs have continued to be is good for America. Immigration is honor those who fight and pay the ulti- the driving force in the U.S. economic America. We are all immigrants but for mate price for our freedoms. growth and expansion in recent times the Native Americans who welcomed to Today I am here to pay my respects as well. Data from the Kauffman Foun- the shores the occupants of the to SGT Jason M. Swindle, an Arkansan dation shows that between 1980 and who, at 24 years of age, laid down his Mayflower. Former President George 2005, companies less than 5 years old life for our country while supporting W. Bush led the attempt to reform leg- accounted for nearly all new jobs cre- Operation Enduring Freedom. Sergeant islation, and he said, ‘‘Family values ated in the United States. Since 1977— Swindle attended Cabot High School in don’t stop at the Rio Grande.’’ I dis- the first year data was collected—new Cabot, AR, and joined the Army in 2005. businesses have created an average of 3 agree with George W. Bush on many He was assigned to B Company, 1st things, but on the issue of immigra- million jobs each year. Battalion, 64th Regiment, 3rd Infantry At a time when millions of Ameri- tion, he was genuine and committed, Division at Fort Stewart, GA. He was cans remain out of work and our coun- and I agree with what he said. I have serving his third combat deployment. try is mired in debt, we need to do been heartened by comments from He was posthumously awarded the more to support the entrepreneurs who Speaker BOEHNER and others in the last Bronze Star and a Purple Heart. create American jobs and hold the week. I believe Democrats and Repub- His family and friends describe him promise of our growing economy. licans of good will can come together as being a fun-loving guy who was very Started in 2008 by the Kauffman across the aisle, roll up our sleeves, patriotic and very proud of the work he Foundation, Global Entrepreneurship and do something good for America and was doing in the Army. Week is a worldwide celebration of en- fix our broken immigration system so In addition to being a soldier, Ser- trepreneurs and like-minded individ- that it is true to our American values geant Swindle was also a husband and uals. Since its founding, Global Entre- as a nation of immigrants. a father. He leaves behind his wife preneurship Week has grown to include

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By making new novation and creativity. In my home portunity to innovate on Google’s ultra visas available for foreign students who State of Kansas, 35 events are taking high-speed network, which is 100 times graduate with an advanced degree in a place this week. Last Friday, Novem- faster than typical high-speed Internet. STEM field from an American univer- ber 9, I participated in one of these Kansas City, which has set the goal sity, Startup Act 2.0 will provide a events at the University of Kansas. of becoming America’s Most Entrepre- much needed way for fast-growing To kick off this week, the University neurial City, is building what they call startups and businesses in America to of Kansas Schools of Business, Engi- the Digital Sandbox, in partnership get the talent they need to continue to neering, and Journalism organized a with many Kansas businesses. The goal grow and to create jobs. This is a crit- half-day event to expose students to of the Digital Sandbox is to signifi- ical and growing challenge. entrepreneurship as a career path, in- cantly accelerate the development of The Partnership for a New American troduce students to startup companies information technology startups in Economy projects that the United in the region, and to learn the role of Kansas City, where IT is already a States will face a shortfall of more government in enabling entrepreneur- major economic engine. than 223,000 workers with advanced de- ship, innovation, and company cre- These developments are empowering grees in STEM areas by 2018. If the cur- ation, as well as the importance of our the next generation of Kansas entre- rent trend holds, there will only be free market economy. preneurs with new tools to innovate 550,000 American workers with the While most of us think first of Sil- and build successful businesses. needed skills—far short of the pro- icon Valley as a hotbed of entrepre- Today’s entrepreneurs may use dif- jected demand. Without these workers, neurship in our country, entrepreneurs ferent technology to develop products American businesses will be at a dis- are found everywhere. In Kansas, we and reach potential markets than their tinct disadvantage and unable to grow have a rich tradition of entrepreneur- predecessors, but the work ethic and in our country. ship. It is a place where innovators passion to do something new remains Startup Act 2.0 also makes changes have felt free to pursue their ideas, the same. to the Tax Code that will help startups start businesses, and pursue dreams. This week, I encourage my colleagues grow and create jobs. By exempting This tradition includes many stories of to explore the impact of entrepreneurs capital gains taxes on investments held risk and reward—of entrepreneurs in their communities and to engage in startups for 5 years or more, the bill whose businesses succeeded when oth- with startup companies working to would unlock $7.5 billion in new invest- ers were betting against them. make the lives of Americans better. ment in startup. The legislation will Kansas’s great entrepreneurs include I met with entrepreneurs in Kansas also help universities bring good ideas Cleyson Brown, who founded Brown and across the country during the last to market by redirecting current grant Telephone Company—now the Sprint 18 months. The passion and creativity dollars to support innovative univer- Corporation—in the town of Abilene, of these entrepreneurs has encouraged sity initiatives to accelerate commer- KS; Walter Chrysler, of Chrysler Cor- me. One refreshing observation is that cialization. poration, who began his career as a ma- these entrepreneurs, while competi- Finally, Startup Act 2.0 will make chinist in Ellis, KS; Clyde Cessna, who tive, want to see their fellow entre- changes to the Federal regulatory left the booming automobile industry preneurs succeed. They are also build- process so the costs of new regulations to explore the exciting field of avia- ing new tools that empower others to do not outweigh the benefits and will tion. He founded Cessna Aircraft Cor- make their businesses better. encourage State and local policies that poration in Wichita in 1927; and, Dan But in conversation after conversa- make starting businesses easier in and Frank Carney, who borrowed $600 tion, I have also learned there are com- their States. from their mother to open their first mon challenges these entrepreneurs As our economy continues to strug- Pizza Hut in Wichita in 1958. face—some of which can be solved by gle, Congress is left with two options: With persistence and hard work, Congress if we follow the entre- We can remain in gridlock, maintain these entrepreneurs and their busi- preneur’s example of seizing an oppor- the status quo, continue to leave nesses created thousands of jobs and tunity, rolling up our sleeves, and Americans under- and unemployed, and grew into some of the world’s most suc- working together. spend away our future or we can work cessful companies. Now a new genera- Entrepreneurs in America are finding together to support the American en- tion of Kansas entrepreneurs is con- it increasingly difficult to start a busi- trepreneur and businessperson. tinuing that tradition. ness and to grow that business. Con- This week, during Global Entrepre- In Atwood, KS, SureFire Ag Systems sider the following: neurship Week, I urge my colleagues to has built products that specialize in In 2010, there were approximately join in the latter—in coming together the control and application of fer- 394,000 new businesses started in the behind commonsense legislation such tilizer, seed, and chemicals. These United States. This, unfortunately, is as the Startup Act 2.0 to unleash the products have been delivered to cus- the lowest number of new businesses power of entrepreneurship in America. tomers in 42 of our States and inter- since 1977. While these new businesses The result will be more new businesses, nationally as well. created more than 2.3 million jobs, that more new jobs, innovation that allows In Leewood, KS, a company called number is well below the historical av- the United States to aggressively com- Instin reimagined how students and erage and represents the third fewest pete in a global economy, and the em- teachers managed homework assign- number of jobs created by new busi- powerment of every American to pur- ments by using mobile apps. Their app, nesses in more than 30 years. At the sue the American dream. myHomework, has been downloaded same time, at least seven other coun- I suggest the absence of a quorum. over 100,000 times in the Google Play tries during this Congress have ap- The PRESIDING OFFICER. The Store alone. proved legislation to welcome and bet- clerk will call the roll. In Olathe, KS, Lantern Software is ter support entrepreneurs while Amer- The legislative clerk proceeded to connecting homegrown businesses to ica has done nothing. call the roll. new markets through high-value, real- To help more entrepreneurs start a Mr. LAUTENBERG. Mr. President, I time, location-based deals delivered to business and to help those new busi- ask unanimous consent that the order mobile devices. nesses grow more quickly, I introduced for the quorum call be rescinded. In today’s high-tech economy, the fu- Startup Act 2.0 with my colleagues The PRESIDING OFFICER (Mr. ture of Internet-based applications Senator WARNER, Senator COONS, and COONS). Without objection, it is so or- such as these is limitless, which is why Senator RUBIO. Startup Act 2.0 address- dered.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6723 SUPERSTORM SANDY nothing but timbers and concrete, ev- we are tough people in New Jersey. We Mr. LAUTENBERG. Mr. President, erything else gone. will fight our way back from this we have come back here from a few We saw devastation across our State, storm. turbulent weeks, and not the least of not just at the seashore. I went to Ho- I saw that spirit in emergency shel- which is the continuation of President boken—one of our most attractive ters in our State. Families whose lives Obama with his work and his respon- communities in northern New Jersey— were upended by the storm were wel- sibilities. For most of us, I would say, in the days after the storm. Half of comed into a safe, warm place by that was a very positive thing. But that city was underwater, and the Na- strangers, given a hot meal, and had something else happened during these tional Guard had to rescue those who camaraderie during these very difficult very difficult weeks, and that was in were trapped in their homes without moments. Nurses and EMTs evacuated my home State of New Jersey and the heat or supplies. babies from hospitals. They were car- east coast. We were hit by storms We also saw train stations that were rying these children out so they would never, never before seen in our State flooded and inoperable. Water levels not be overwhelmed by flooding. Fire- and maybe never ever to be seen in our reached more than 6 feet. Can you fighters went from house to house sav- country in terms of the volume of de- imagine a room that seated people ing lives as the water rose. struction. waiting for their trains 6 feet high in Gas station owners who had lost My home State of New Jersey is water? power pumped gasoline by hand so peo- known for a number of things: being New Jerseyans depend on our public ple could run their generators and keep the home of innovators, such as Thom- transportation and rail systems. Com- their families warm. At one point, the as Edison; the place where Alexander muters in our State take nearly 1 mil- lines were hours long waiting to get Hamilton—at my birthplace, Paterson, lion trips per day, including going back gas. One of the people from my office NJ—helped start the industrial revolu- and forth to New York and into Penn- got up at 4:30 in the morning to go to tion; and it is also known as a State sylvania. And the entire country de- a gas station and wound up 4 hours with a beautiful seashore, recreation pends on the goods that come into our later before he could get gas. It was a areas. Unfortunately, the wrath of ports and go out by rail. terrible period. Superstorm Sandy 2 weeks ago de- Our transportation system was torn We saw the worst of Mother Nature stroyed so much of our shore. Its storm apart. Tunnels were flooded, critical in this storm, but we also saw the best surge wrecked boats, homes, and even equipment was ruined, and rail lines of the American people. One thing was took trains—whole trains—off the were warped or buried by debris. established, that there is a place in tracks. Its winds reached 89 miles an Here in this picture we see an exam- government, in our country, for gov- hour, uprooting trees across our State, ple of what took place. This is of a rail ernment service when it is needed. We destroying everything in its path, and line, New Jersey Transit. cannot simply say: We will turn it over leaving millions—21⁄2 million—without Each one of our 21 counties in New to the private sector and let them take electricity and staying in the dark. Jersey was declared a major disaster, care of what FEMA does. FEMA was The force of this storm is so hard to but the seashore communities were hit critical in salvaging whatever we could describe in words, so I point out a pic- especially hard. The boardwalk is the have saved there. There is no doubt in ture here of one of our beachside com- defining image of the New Jersey my mind that there is an under- munities, showing what was left of a shore. Many of us remember walking standing now that did not exist before. house. The destruction was so total. on that boardwalk in wonderment of We saw the fiber and the character of And it was not just the possessions the attractions. The boardwalk has our people in these terrible moments. that were lost, it was the memorabilia, been a constant in the lives of those It was wonderful. This is a town not on it was the pictures, it was the precious who live there or visit the shore. But the seashore. This is one of the commu- moments that were identified with for communities such as Belmar, Sea- nities in New Jersey where a lot of peo- trinkets or mementos. It was a terrible side Heights, Atlantic City, and others, ple commute to or work in the various period. I am here to say that we are much of that boardwalk no longer ex- industries around. This is where they going to stand with those who have ists—just the pillars where the board- had to go in order to save themselves lost so much, and we are going to help walk used to be, as we see it shown from a worse situation than that which them recover and rebuild their lives. here in this picture. It was a magnifi- already existed. Superstorm Sandy was one of the cent boardwalk that had people in wag- People reached out to save people. It most powerful storms in American his- ons that were pushed along, and you was under the supervision of FEMA tory, and it was the largest Atlantic would view the sea and the attractions and our emergency facility organiza- hurricane on record, with wild winds on the other side. It was painful to see tions. We have a lot of important busi- that stretched more than 1,100 miles. the destruction of the part of the nesses to address before the end of this We are aware of at least 119 Americans boardwalk in Atlantic City firsthand Congress. But our agenda must include who lost their lives as a result of this that day. helping to rebuild and restore the com- storm, including 33 in my home State I joined President Obama in his visit munities destroyed by Sandy. We are of New Jersey. to the area. For many people in my going to need a lot of money, a lot of The human toll of this storm defies State, the boardwalk is not just a money. We cannot turn our backs on description. Roughly 8 million homes source of pride, it is a source of critical them. We cannot turn our backs. I lost power during this storm, including income to our State. In 2008, tourism know the Presiding Officer had similar more than 21⁄2 million in my home brought in $38 billion and supported situations in his State of Delaware. State. Food rotted in refrigerators, more than 300,000 jobs in the State of The destruction was all over. We had water treatment plants closed down, New Jersey. Families came from all no ability to stop what was going on. and when temperatures dropped, thou- over the country to walk the board- We face serious fiscal challenges in our sands were left cold and hungry and walk in Atlantic City or take a fishing country, but nothing is more impor- forced into hotels and temporary shel- boat out of one of our ports, Port tant than keeping our communities, ters. Many families slept in their cars Pleasant or one of the others, or ride our families, and our economy safe. We to get out of the bad weather. They had the roller coaster at a pier in Seaside in New Jersey have been there for our no choice. When people finally re- Heights. fellow Americans from other States turned home, many found nothing This is what Sandy did to that roller who suffered disasters. I am reminded there. Imagine seeing the home you coaster. Look. This is almost impos- that New Jersey was the first State to worked for your whole life—the place sible to conceive that this roller coast- sign the Bill of Rights. It started the you raised your children and created so er sits in the water. It is a terrible end road to freedom that exists in New Jer- many memories—gone. to a lot of thoughts and pleasant sey. Now we ask all Americans to join If we look at this picture, we see a memories. People in New Jersey have us in rebuilding and recovering from depiction of despair, as it was por- lost their homes, their belongings, and this terrible storm. I am sure it will trayed by this person who obviously their jobs. Much of that public infra- get even the most disbelieving people stood in front of a destroyed home— structure has also been destroyed. But in our community to see that it might

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6724 CONGRESSIONAL RECORD — SENATE November 13, 2012 have been a good idea to fund FEMA about time, would the Senator agree laws not only in my State but in other and the other agencies that do so with me, that we looked at what it is States as well. I wish to thank the much. that is creating the frequency and the chairman of the Judiciary Committee I went to Alaska when the Exxon ferocity of those storms. They are ac- because he and his subcommittee, Valdez was floundering and saw our celerated almost in geometric terms. headed by Senator DURBIN, came to people, brave people, on islands This is a good reminder, hey, get off Tampa to take testimony. stretched around Alaska, our people the stick and on the job. I commend A professor from the University of who were on the shore wiping off the the Senator from Florida for his splen- Florida gave his study and pointed out ducks and the seals and all that. It did victory. We knew the Senator was who used—in the experience of Florida says: America is not an accounting coming home, we just wanted to make for a decade, who used the Sunday firm. America is a democracy with a sure he had a nice reception. early voting? It was two demographic heart and a soul. That is what we have Mr. NELSON of Florida. Thanks to groups, African Americans and His- to keep in mind as we deliberate what the Senator for his big heart, his big panics. They cut out the Sunday of we have in the future. heart toward his people. early voting before the Tuesday elec- I yield the floor. VOTER SUPPRESSION tion. The PRESIDING OFFICER. The Sen- Mr. NELSON of Florida. Mr. Presi- Yet with the constricted times and ator from Florida. dent, I wish to make a few comments with others being forced to shoehorn in Mr. NELSON of Florida. Mr. Presi- before the chairman of the Judiciary between 7 a.m. and 7 p.m. on election dent, before the Senator from New Jer- Committee addresses the Senate. I am day, we see the result. As the Miami sey leaves the floor, I just wish to say very happy he is here because he knows Herald said, some people waited 7 hours this Senator’s heart goes out to the about what I am going to talk about, to vote. They were determined that the Senator and his people. We take hurri- which were the attempts at sup- Governor and the legislature of Florida canes more as a part of our lifestyle in pressing the vote in the State of Flor- were not going to take away their Florida. But when we combine a hurri- ida, done a year and a half ago by the right to cast that ballot. And we see cane in the Northeast at this time of State legislature and the Governor. again, we had again a close Presi- year, during the full Moon, at high They did a number of things to try to dential election in Florida. The Presi- tide, in one of the most densely popu- suppress the vote. dent won by 74,000 votes. What if a lated coastal areas of the United The first thing they did was to make number of people—such as the lady States, then we definitely have a prob- it much more difficult to register peo- who waited and waited and she had lem. ple to vote. The League of Women Vot- babysitter problems and after 3 hours This Senator wants to help Senator ers has been registering people for 72 she left—what if that had happened to LAUTENBERG with what is going to be years in Florida. They stopped because a lot of people? necessary for the additional funding of of the onerous provisions of up to a Well, maybe that was the design of FEMA and so forth. I want the Senator $1,000 fine that would be upon their some people in constricting the laws in to think about an idea that we imple- members if they did not turn it in an America of 2012. We went through mented in Florida, to create, in effect, within 48 hours. That was thrown out this in the civil rights era. The right to a reinsurance fund against this kind of in court as unconstitutional. But it vote—as the Senator, our chairman, catastrophe. We call it the Florida was a year and a half later, with all can tell us, has been said over and over by the courts—it is absolutely essen- Hurricane Catastrophe Fund. those registrations not having been tial in a democracy that we have the This was done when I was the elected done. insurance commissioner—prior to me, But then what they did, they con- right to cast our ballot. That is what and then I had to implement it in the stricted the number of early voting Dr. King said as well. Mr. LEAHY. Does the distinguished aftermath of the monster hurricane in places, constricted the number of early Senator yield? the 1990s, Hurricane Andrew. I have voting days, constricted the number of Mr. NELSON of Florida. Of course I talked to our colleagues in the Senate early voting hours. What do you think will. about a national catastrophic fund. was the result? It is what we have seen Mr. LEAHY. I join my colleagues in People in other parts of the country do on TV—the long lines. welcoming him back to this body, in not think hurricanes are their problem. I wish to read a passage from the which he has served with distinction But what they do not realize is that Miami Herald of November 6: from his very first day here as he did in their taxpayers are picking up the When the polls officially closed at 7 p.m., the other body. load. Whereas, if we reinsured against hundreds of people were still waiting to cast It tears my heart apart to hear of this kind of tragedy in a catastrophic ballots in precincts around South Florida in this kind of suppression. In Vermont, an election that was marked by long lines fund that would be paid in over time, a we have pride in our ability to vote. We little bit from each of the policy- and the occasional snafu. Even after the net- works called the race for President Obama, have Town Meeting Day. I think we holders, then there would not be—there people in South Florida remained in line. had 65 or 70 percent turnout this time. would be this fund that would become From Hialeah to Country Walk and to We expect people to be able to vote. a cushion for such a disaster that the Brickell, people waited as long as 7 hours to The distinguished Senator has re- Northeastern United States is experi- vote. In Broward County, voting at some pre- ferred to the civil rights era. Do we, in encing at this time and of which we cincts came to a halt when the ballots ran this great country—a signal of democ- have so often experienced on the gulf out. racy to so much of the world—want to coast and the Atlantic coast in the This is the result of the voter sup- go back there? I am sure the distin- Southeastern United States. pression by lessening the number of guished Senator has had, as I have had, I just wanted to throw that idea out early voting days. When this Senator the honor of being an observer of elec- there for the Senator as he speaks so asked the Governor, because of the tions in other countries where, finally, movingly and so eloquently about the long lines during early voting, to ex- a country that has overcome a dicta- suffering of his people. One can just tend early voting on the Sunday before torship or overcome a civil war, they imagine what are going to be the ex- the Tuesday election, since it shut off finally can vote, and the people are lin- penses of all the infrastructure that is on Saturday, there were long lines then ing up and saying: Thank God we have going to have to be replaced. in early voting, the Governor would a chance to vote and it is open for the Mr. LAUTENBERG. If I may respond, not do it. We see the result. The Miami first time. They would say: You Ameri- I wish to say the Senator from Florida Herald continues: cans would never have to experience presents a very good idea because we At the South Kendall Community Church, this. I don’t want to go to these coun- now know that to deal with catas- 1,000 people were in line at closing time, and tries that we ask to come into the fold trophes which are inevitable, we live in at least 200 still remained three hours later. of democracy and ask them to have nature. We live in places where volca- That is a determination to vote, and free and open voting and have them— noes can destroy an economy, earth- the people do not want their right to those that do not want free and open quakes. We had the Katrina catas- cast their ballot taken away. Yet this voting—say: What about what you have trophe in the Southern States. It is was the result of voter suppression done in your country?

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6725 This is not a Democratic or Repub- first time that anybody can remember Members of different regions and dif- lican issue. This is an American issue. in either body, the farm bill has ex- ferent parties do. But we knew we had We fought a revolution. We fought pired. This is dangerous for dairy farm- to work together. We did, and America world wars. We worked to make this ers in Vermont and for farmers across benefited from that. Certainly our country of over 300 million people great the country. farmers did too. because everybody’s voice is supposed This delay threatens our rural com- The need to work together is as true to be heard. I think it is shameful and munities. We all have rural commu- today as it was then. It is going to take I think it is illegal. Those who try to nities in our States. The farmers not real leadership in the House and Senate stop it, they should be exposed. They only need but also deserve the cer- to pass a farm bill. We have seen that should be punished. I don’t care if the tainty that a 5-year farm bill provides. leadership and bipartisanship in the person voting is a Republican or Demo- We pass farm bills in 5-year segments Senate. Having served as chairman of crat or Independent. They should have so that farmers, who have to plan way the Senate Agriculture Committee for the right to vote. If we lose that right, in the future, know how to plan. We 8 years, I can say without any doubt we lose our soul as Americans. I thank can’t say: Wait a minute, put your that Chairwoman DEBBIE STABENOW the distinguished Senator for bringing farming on hold while we try to get our has been one of the finest chairs we this up. act together. Don’t milk those cows for have had of that committee. I have Mr. NELSON of Florida. Amen to a few months while we try to figure out watched how hard she has worked and those comments. I would conclude by what we are going to do. Don’t plant or how hard Ranking Member PAT ROB- saying we ought to be making it easier don’t harvest that crop while we are ERTS has worked. He brought his tre- to vote, not harder to vote. Then, when trying to figure out what we are going mendous experience and knowledge we get down to conducting an election, to do. through his time as chairman of the we definitely need to do something It doesn’t work that way. The farm- House agriculture Committee. In fact, about the Citizens United Supreme ers already confront enough uncer- in the debate over the Senate farm Court 5-to-4 decision, and we can, tainty running their businesses. When bill—and I commend Senator STABE- statutorily. We almost did, lacking one we let farm programs expire without NOW on this—seated around that table vote breaking the filibuster 3 years ago enacting a new farm bill, it needlessly we had several people who had pre- because it would require the disclosure compounds that uncertainty and it is viously been chairman or ranking of those corporations giving the irresponsible. Decisions must by made member of the Senate Agriculture money. If the public knew who was giv- today to determine what is going to be Committee or the House Agriculture ing the money, then they would be planted next spring. But now they have Committee, both Republicans and very reluctant. Whereas under the to make that decision with uncertainty Democrats. In fact, even one Senator guise, the mask of secrecy, they can about what may be in the farm bill. who had been Secretary of Agriculture. give money and try to influence the The essential nutrition programs in We all said: We can play games, we can outcome of an election—as they tried the farm bill provide healthy food for talk, we can posture, we can sloganeer this year. vulnerable populations, such as chil- or we can sit down like grownups and It has gone out of control, and I know dren and pregnant and nursing women. put together a real farm bill. the chairman is going to be at the Vermonters, like tens of millions of It took a nanosecond to decide we point of the spear on trying to pass the people across the country, depend upon can be grownups and put together a DISCLOSE Act. these programs where they are strug- real farm bill. Republicans and Demo- I yield the floor. The PRESIDING OFFICER. The Sen- gling to put enough food on their table crats sat down. We wrote a deficit-re- ator from Vermont. during these very tough economic ducing, meaningful farm bill, and it times. passed in a Senate which is often dead- THE FARM BILL Some of these program benefits will Mr. LEAHY. Mr. President, I think locked. It passed 64–35. It passed over- continue. But it is such a tenuous posi- the distinguished senior Senator from whelmingly—from all parts of the tion. How does a State plan? How does Florida has done the Senate and the country and across the political spec- a community plan? We need the House country a service in what he has said. trum. We each represent our own States. leadership to allow the farm bill to Senator JOHANNS, former Secretary We have matters of interest in our proceed so we can move this country of Agriculture during the Bush admin- States, but also so many times they forward, giving farmers the certainty istration, sat around that table and are national interests. During this past and vulnerable citizens the security helped us write it. That shows how bi- recess, I was in just about every part of they deserve. partisan the approach to reauthorizing Vermont. I was stopped time and time The Senate farm bill is a good, bipar- the farm bill was in the Senate. We did again by Vermont farmers who asked tisan bill. But more than that, it is a not let political labels get in the way me why Congress left town without deficit reduction bill. It has $23 billion of what was best for the country. passing a farm bill. They knew we had in cost savings as well as crucial policy The elections are over. We know who passed it in the Senate, but why hadn’t reforms for dairy farmers facing the has won or lost. We hope our friends in we finished? challenges of the 21st century. It also the other body, in the House of Rep- Similar to my fellow Vermonters, I maintains a safety net for millions of resentatives, will set aside their ob- have been frustrated by the refusal of hungry Americans. structionism and pass this bill. I am the leadership of the House of Rep- The wealthiest, most powerful Na- pleased by the fact that our State’s resentatives to consider the legislation tion on Earth has people going hungry. Congressman, PETER WELCH, is a mem- sent to them by the Senate to extend In a nation that spends billions of dol- ber of that committee. He has been the farm bill. In fact, they blocked con- lars on fad diet programs or billions of urging both Republicans and Demo- sideration of a bipartisan farm bill, one dollars to dispose of waste food, we crats to pass the bill, and I agree with that mirrors the legislation passed in should not have hungry people. Not in him because it is a bill that directly af- their own body by the House Agri- this country. fects every farm family’s budget. It culture Committee. I also point out the farm bill has al- helps farmers decide which crops to I have been here nearly 38 years. I ways been bipartisan. I remember the plant, where to sell, how much to bor- have served on the Senate Agriculture hard work, mutual respect, and spirit row. It allows farmers to make their Committee all that time. I have never of cooperation that Senator DICK decisions—which are hard enough to seen a case where the House Agri- LUGAR and I shared. We worked to- make without this delay—with some culture Committee—whether it is led gether as Agriculture Committee kind of certainty. by Democrats or by Republicans— chairman and ranking member. We put The farm bill affects Vermonters and passed a bipartisan farm bill only to American farmers and families first Americans across the country where see it blocked from a final vote by its and politics last. My good friend from there is food insecurity and uncer- own leadership. Indiana and I were able to accomplish tainty in these difficult times. One of The Senate has done its work, but as amazing things together. Obviously, we the things people lose sight of is that a result of the House’s inaction, for the had some differences of opinion as the farm bill is also a disaster relief

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6726 CONGRESSIONAL RECORD — SENATE November 13, 2012 bill. We need the new farm bill to help cus, I made it my goal to do something waterfowl population. It funds new farmers in the Garden State and across significant, something historic, some- shooting ranges while encouraging the entire Nation to recover from the thing responsible that will help this Federal land agencies to cooperate nonstop floods of 2012. We need it to country’s hunters and anglers. with State and local authorities to help those across the Nation who are Mr. President, this week we have maintain existing ranges. This is a re- stuck on the other side of the weather that opportunity. This Sportsmen’s sponsible bill. It takes into account the spectrum, with drought. Act is the biggest package of sports- needs of the entire sportsmen’s com- That is all in this bill. Because we men’s bills in a generation. It combines munity. know, as much as we wish there would nearly 20 different bills, all important Why is this important? It is impor- never be floods, as much as we wish to those who know we must never take tant because hunting and fishing and there would never be droughts, they our outdoors for granted. hiking is a way of life in places such as occur. We have written that into this These bills increase access for rec- Montana. bill. Why in heaven’s name would any- reational hunting and fishing. They One in three Montanans hunt big body, from any part of the country— support land and species conservation, game and more than half of us fish. An and we are all vulnerable at one time and they protect our hunting and fish- outdoor recreation economy across this or another—want to hold it up? ing rights. Most importantly, they country contributes some $646 billion The fact is things are going to get take ideas from both sides of the polit- in direct spending to this U.S. econ- worse very quickly if we begin the new ical aisle. This bill isn’t about Demo- omy. Fishing and hunting is not just year without a farm bill. Outdated par- crats and it isn’t about Republicans or recreation, it is a critical part of our ity price systems will multiply the Independents. This bill is about Ameri- economy. In Montana, hunting and price of milk on store shelves. It will cans and the great outdoors we all fishing alone brings $1 billion a year to destroy household pocketbooks and the share as a nation. This bipartisan bill our economy, nearly as much as the milk market nationally. is supported by nearly 50 different con- State’s cattle industry. It drives and Let me reiterate that. Certainly in servation wildlife groups ranging from sustains jobs. With hunting season in my State this is very important. If we the Nature Conservancy, the National full swing and thousands of Montanans don’t pass the bill, we will have out- Wildlife Federation, to the NRA. It headed out to hunt in Montana’s back dated parity price systems that will earned their endorsement because it in- country over Thanksgiving weekend, multiply the price of milk on the store cludes responsible provisions that are this bill is as timely as ever. shelves and will destroy household important to sportsmen and women The Sportsmen’s Act of 2012 is bal- pocketbooks and the milk market na- across America. anced, it is bipartisan, and it is widely tionally. Ask anybody who lives pay- In my role as the chairman of the supported. It is also fiscally respon- check to paycheck what that would be Congressional Sportsmen’s Caucus, sible. The bill has no cost. Before the like. outdoorsmen and women constantly Senate went out of session, we voted to So I urge the leadership in the House tell me about the importance of access move forward with this bill by a vote of of Representatives to allow open de- to public lands. What good does it do to 84 to 7—84 to 7. It was a resounding ap- bate on the Senate-passed farm bill. protect land for hunting, fishing, and proval to conserve some of our most They don’t have to have a bill that is hiking if folks are unable to get to it? productive habitat to pass on our hunt- word for word what we passed here in Right now there are some 35 million ing and fishing tradition to future gen- the Senate, but I point out that the acres of public land that sportsmen erations and to entrust them with the Senate bill saves billions of dollars, it can’t access. That is why this bill re- land and water we share. does have a dairy program, and it does quires 1.5 percent of annual funding Now it is time to get this bill across speak to disaster, drought, and flood from the Land and Water Conservation the finish line, to approve a bill with relief. We need it now. Let us stand Fund that is set aside to increase pub- widespread support that preserves our with our dairy farmers in Vermont, our lic access to public lands, ensuring outdoor economy and secures our out- eggplant growers in New Jersey, and sportsmen access to some of the best door heritage for our kids and our our hungry families across the coun- places to hunt and fish in the country. grandkids. try. Let’s set the political gamesman- Right now, the Congress delegates all We need to take some good Demo- ship aside, help America’s farmers, power to determine land and water cratic ideas and some good Republican families, and rural communities that conservation priorities to the execu- ideas and pass them. We need to do all rely on the farm bill. The people in tive branch. We can add or subtract something for the more than 90 million these communities, the farmers in money from the President’s budget re- sportsmen and sportswomen in this these communities, do not care wheth- quest, but Congress cannot determine country and for our economy. er there is a Democrat or Republican’s how that money gets spent. This provi- The time is now. I urge all Members name on the bill. All they know is they sion ensures that this administration to support this bill. want a good farm bill that allows them and the next one must authorize, must I yield the floor and suggest the ab- to stay in farming. prioritize access to public lands. sence of a quorum. Farming is hard enough as it is. None My bill also reauthorizes the North The PRESIDING OFFICER. The of us has to do the farming. We ought American Wetlands Conservation Act. clerk will call the roll. to stand up and help—that we can do. This voluntary initiative provides The assistant legislative clerk pro- Mr. LEAHY. I suggest the absence of matching grants to landowners who set ceeded to call the roll. a quorum. aside critical habitat for migratory The PRESIDING OFFICER. The Mr. ROCKEFELLER. Mr. President, I birds such as ducks. Over the past 20 clerk will call the roll. ask unanimous consent that the order The bill clerk proceeded to call the years, volunteers across America have for the quorum call be rescinded. roll. completed more than 2,000 conserva- The PRESIDING OFFICER. Without Mr. TESTER. Mr. President, I ask tion projects. They protected more objection, it is so ordered. unanimous consent that the order for than 26 million acres of habitat under Under the previous order, all time the quorum call be rescinded. this successful initiative. The North has expired. The PRESIDING OFFICER (Mr. American Wetlands Conservation Act The question is on agreeing to the WHITEHOUSE). is a smart investment in both our lands motion to proceed to S. 3525. Without objection, it is so ordered. and our wildlife, and it needs to be re- Mr. ROCKEFELLER. I ask for the Mr. TESTER. Mr. President, I rise authorized. yeas and nays. today to urge support on the motion to This widely supported bill also reau- The PRESIDING OFFICER. Is there a proceed to my bipartisan Sportsmen’s thorizes the Secretary of the Interior sufficient second? There appears to be Act. Outdoor traditions are a deep and to reevaluate the price of duck stamps a sufficient second. There is a suffi- important part of our heritage in Mon- to keep up with inflation. Revenue cient second. tana and across our Nation. from duck stamps has been used to pur- The clerk will call the roll. Two years ago, when I became chair chase and release more than 6 million The assistant legislative clerk called of the Congressional Sportsmen’s Cau- acres of wetlands, preserving a viable the roll.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6727 Mr. DURBIN. I announce that the outrageous response back, as if we are language proposed to be stricken by amend- Senator from Alaska (Mr. BEGICH) and still in the Presidential election, say- ment No. 2875. the Senator from Rhode Island (Mr. ing we want this many amendments. The amendment is as follows: REED) are necessarily absent. We are not going to have that many At the end, add the following new section: I further announce that, if present amendments. This is a bipartisan bill. SEC. lll. and voting, the Senator from Rhode Is- People are going to have an oppor- This title shall become effective 5 days land (Mr. REED) would vote ‘‘nay.’’ tunity to vote for or against the bill. If after enactment. Mr. KYL. The following Senator is they want to kill the bill, they can. It Mr. REID. I ask for the yeas and nays necessarily absent: the Senator from is one of the most popular bills we did on that amendment. Illinois (Mr. KIRK). all last Congress. We didn’t do many, The PRESIDING OFFICER. Is there a The PRESIDING OFFICER (Mr. BEN- but this is one that was popular. sufficient second? There appears to be NET). Are there any other Senators in I cannot imagine why we are trying a sufficient second. the Chamber desiring to vote? to refight an election that took place 1 The yeas and nays were ordered. The result was announced—yeas 92, week ago. The clerk is going to report AMENDMENT NO. 2879 TO AMENDMENT NO. 2878 nays 5, as follows: the substitute amendment. Mr. REID. I have a second-degree [Rollcall Vote No. 201 Leg.] AMENDMENT NO. 2875 amendment at the desk. YEAS—92 (Purpose: In the nature of a sub- The PRESIDING OFFICER. The Akaka Graham Mikulski stitute.) clerk will report. Alexander Grassley Moran Mr. REID. I have a perfecting amend- The legislative clerk read as follows: Ayotte Hagan Murkowski ment at the desk. EID Barrasso Harkin Murray The Senator from Nevada [Mr. R ] pro- Baucus Hatch Nelson (NE) The PRESIDING OFFICER. The poses an amendment numbered No. 2879 to Bennet Heller Nelson (FL) clerk will report. amendment No. 2878. Bingaman Hoeven Portman The legislative clerk read as follows: The amendment is as follows: Blumenthal Hutchison Pryor The Senator from Nevada [Mr. REID], for Blunt Inhofe Reid In the amendment, strike ‘‘5 days’’ and in- Mr. TESTER, proposes an amendment num- Boozman Inouye Risch sert ‘‘4 days’’. Brown (MA) Isakson bered 2875. Roberts MOTION TO COMMIT WITH AMENDMENT NO. 2880 Brown (OH) Johanns Rockefeller The text of the amendment is printed Burr Johnson (WI) Mr. REID. I have a motion to commit Rubio Cantwell Johnson (SD) in today’s RECORD under ‘‘Text of Sanders the bill with instructions. Cardin Kerry Amendments.’’ Schumer The PRESIDING OFFICER. The Carper Klobuchar Mr. REID. I ask for the yeas and Casey Kohl Shaheen clerk will report. Chambliss Kyl Shelby nays. The legislative clerk read as follows: Snowe The PRESIDING OFFICER. Is there a Coats Landrieu The Senator from Nevada [Mr. REID] moves Cochran Lautenberg Stabenow sufficient second? There appears to be Tester to commit the bill (S. 3525) to the Committee Collins Leahy a sufficient second. Conrad Lee Thune on Energy, with instructions to report back Coons Levin Toomey The yeas and nays were ordered. with the following amendment numbered Corker Lieberman Udall (CO) AMENDMENT NO. 2876 TO AMENDMENT NO. 2875 2880. Udall (NM) Cornyn Lugar Mr. REID. I now have a first-degree The amendment is as follows: Crapo Manchin Vitter Durbin McCain Warner amendment at the desk. At the end, adding the following new sec- Enzi McCaskill Webb The PRESIDING OFFICER. The tion: Feinstein McConnell Whitehouse clerk will report. SEC. lll. Franken Menendez Wicker This Act shall become effective 3 days Gillibrand Merkley Wyden The legislative clerk read as follows: The Senator from Nevada [Mr. REID] pro- after enactment. NAYS—5 poses an amendment numbered No. 2876 to Mr. REID. I ask for the yeas and nays Boxer DeMint Sessions amendment No. 2875. on that motion. Coburn Paul The amendment is as follows: The PRESIDING OFFICER. Is there a NOT VOTING—3 At the end, add the following new section: sufficient second? There appears to be Begich Kirk Reed SEC. lll. a sufficient second. The motion was agreed to. This Act shall become effective 7 days The yeas and nays were ordered. after enactment. VOTE EXPLANATION AMENDMENT NO. 2881 Mr. REID. I ask for the yeas and nays ∑ Mr. REED. Mr. President, I was nec- Mr. REID. I have an amendment to on that amendment. essarily absent for this vote due to a the instructions that is also at the The PRESIDING OFFICER. Is there a flight delay caused by mechanical desk. sufficient second? problems. Had I been present, I would The PRESIDING OFFICER. The There appears to be a sufficient sec- have voted no.∑ clerk will report. ond. The PRESIDING OFFICER. The ma- The legislative clerk read as follows: The yeas and nays were ordered. jority leader. The Senator from Nevada [Mr. REID] pro- AMENDMENT NO. 2877 TO AMENDMENT NO. 2876 poses an amendment numbered 2881 to the f Mr. REID. I have a second-degree instructions to commit S. 3525. SPORTSMEN’S ACT OF 2012 amendment at the desk. The amendment is as follows: Mr. REID. Mr. President, on behalf of The PRESIDING OFFICER. The In the amendment, strike ‘‘3 days’’ and in- Senator TESTER, I have a substitute clerk will report. sert ‘‘2 days’’. amendment which is at the desk. The legislative clerk read as follows: Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. The The Senator from Nevada [Mr. REID] pro- on that amendment. clerk will report the bill by title. poses an amendment numbered 2877 to The PRESIDING OFFICER. Is there a The assistant legislative clerk read amendment No. 2876. sufficient second? There appears to be as follows: The amendment is as follows: a sufficient second. A bill (S. 3525) to protect and enhance op- In the amendment, strike ‘‘7 days’’ and in- The yeas and nays were ordered. portunities for recreational hunting, fishing, sert ‘‘6 days’’. AMENDMENT NO. 2882 TO AMENDMENT NO. 2881 and shooting, and for other purposes. AMENDMENT NO. 2878 Mr. REID. I have a second-degree Mr. REID. Mr. President, it is a Mr. REID. I have an amendment at amendment. shame. We have a bill that is bipar- the desk to the language that is pro- The PRESIDING OFFICER. The tisan. Cloture has already been invoked posed to be stricken. clerk will report. on it. We are on the bill. Why in the The PRESIDING OFFICER. The The legislative clerk read as follows: world can’t we just finish this bill, clerk will report. The Senator from Nevada [Mr. REID] pro- have a couple amendments and go on? The legislative clerk read as follows: poses an amendment numbered 2882 to I am going to go ahead. I am going to The Senator from Nevada [Mr. REID] pro- amendment No. 2881. fill the tree. I am sure I will get some poses an amendment numbered 2878 to the The amendment is as follows:

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6728 CONGRESSIONAL RECORD — SENATE November 13, 2012 In the amendment, strike ‘‘2 days’’ and in- to come up with a bill. They have com- this bill to the President’s desk. As the sert ‘‘1 day’’. promised and compromised and com- name implies, the Sportsmen’s Act is CLOTURE MOTION promised until the point where people focused on helping the Nation’s 88 mil- Mr. REID. I have a cloture motion on are going to have an opportunity to lion sports men and women. They the bill that is already at the desk. talk on this also. Senator LIEBERMAN is want, more than anything, responsible The PRESIDING OFFICER. The clo- going to talk about how important this access to Federal lands and the con- ture motion having been presented bill is to protect our country. servation of critical habitat and spe- under rule XXII, the Chair directs the I left the White House an hour or two cies and that is exactly what this bill clerk to read the motion. ago. They believe, the President of the does. The legislative clerk read as follows: United States believes the cyber secu- By dedicating 1.5 percent of Land and CLOTURE MOTION rity bill is one of the most important Water Conservation Fund dollars to issues facing this Congress now—not We, the undersigned Senators, in accord- improve access for hunting, fishing, ance with the provisions of rule XXII of the next Congress, now. I have said on a and other recreational purposes, Standing Rules of the Senate, hereby move number of occasions that the Pentagon sportsmen will be able to make better to bring to a close debate on S. 3525, a bill to and the intelligence community be- use of our public lands. By giving the protect and enhance opportunities for rec- lieve this legislation is vitally impor- States greater flexibility over the use reational hunting, fishing, and shooting, and tant to the safety and security of our of Federal dollars to build shooting for other purposes. country. So before Thanksgiving we ranges, sportsmen will have more Harry Reid, Jon Tester, Kent Conrad, Joe are going to finish the sportsmen’s bill. Manchin III, Jeff Bingaman, John D. places to safely sharpen their marks- The Republicans can either kill the manship skills and sighting their rifles Rockefeller IV, Benjamin L. Cardin, cyber security bill—they have been fol- Ben Nelson, Max Baucus, Jeanne Sha- for the hunting season. heen, Mark Pryor, Christopher A. lowing the lead of the Chamber of Com- By reauthorizing many critical habi- Coons, Al Franken, Amy Klobuchar, merce, which is an arm for the Repub- tat investment programs—for example, Jim Webb, Mark R. Warner, Michael F. lican Party anymore. It is just a front the North American Wetlands Con- Bennet. for the Republican Party. They spent servation Act and the Federal Land Mr. REID. Mr. President, I ask unan- huge amounts of money that they get Transaction Facilitation Act—we are imous consent mandatory quorum in from unknown sources to defeat Demo- ensuring that sportsmen will have accordance with rule XXII be waived. crats. They wasted their money this places to continue our proud hunting The PRESIDING OFFICER. Is there time. But that is the way it is. and fishing heritage. objection? Without objection, it is so They are opposing this bill for not The benefits of the Sportsmen’s Act ordered. any logical reason, and then Senators of 2012 will fall most directly on Amer- LEVIN and MCCAIN have asked to go to f ica’s hunters and anglers, but outdoor Defense authorization. I think, if this enthusiasts of all stripes will reap the NATIONAL DEFENSE AUTHORIZA- bill is as important as they say it is— rewards. By improving the outdoor ex- TION ACT FOR FISCAL YEAR and they say it is important—I know perience of all Americans, I am hoping 2013—MOTION TO PROCEED how Senator LEVIN and Senator future generations will more readily MCCAIN feel about it—it looks like take up our outdoor traditions. Mr. REID. I now move to proceed to they would clear up some of this stuff Calendar No. 419. I know my colleague from Colorado that is standing in the way of getting will join me in commending Senator The PRESIDING OFFICER. The that bill done. TESTER for putting this package to- clerk will report. I think it is a bridge too far to com- gether. He has taken ideas from both The legislative clerk read as follows: plete the Defense authorization bill be- Democrats and Republicans to create The Senator from Nevada [Mr. REID] moves fore we leave, but we need to get on the greatest legislative boon for sports- to proceed to Calendar No. 419, S. 3254, a bill that bill. We are not going to stall men in a generation, and that is why to authorize appropriations for fiscal year around on this and spend weeks on the 2013 for military activities of the Depart- Defense authorization bill. I have told over 50 of the leading sportsmen’s ment of Defense, for military construction, the two managers of that bill, Senator groups in our country support his bill. and for defense activities of the Department I am particularly grateful to Senator MCCAIN and Senator LEVIN, that is the of Energy, to prescribed military personnel TESTER for including a bipartisan pro- case, and that is what we are going to strengths for such fiscal year, and for other vision I authored—the Target Practice purposes. do before Thanksgiving. I would like to get out of here so we and Marksmanship Training Support The PRESIDING OFFICER. The ma- Act. This act will encourage the devel- jority leader. can go home to our States, our fami- lies, for Thanksgiving early, but if we opment of high-quality public shooting Mr. REID. Mr. President, we are have to stay here until the day before ranges by giving the States greater going to complete work on this bill, Thanksgiving, we are going to do it. flexibility over Federal dollars they al- that is the one we had prior to the I suggest the absence of a quorum. ready receive for certain wildlife res- clerk announcing the Defense author- The PRESIDING OFFICER. The toration and hunter education pro- ization bill. We are going to complete clerk will call the roll. grams. the work on the sportsmen’s bill before The assistant legislative clerk pro- Since these funds come from an ex- we go home for Thanksgiving. People ceeded to call the roll. isting excise tax on shooting and arch- are going to have an opportunity to Mr. UDALL of Colorado. Mr. Presi- ery equipment, this bipartisan proposal vote for that bill, either for it or dent, I ask unanimous consent that the doesn’t cost our taxpayers a dime and against it. As I indicated, it is a widely order for the quorum call be rescinded. instead simply helps those paying into popular bill. If Republicans want to The PRESIDING OFFICER. Without the system—which are primarily drag it down and kill it as they have a objection, it is so ordered. sportsmen—to get a better return on lot of other things, they will have that SPORTSMEN’S ACT OF 2012 their investment. opportunity to do that. We have more Mr. UDALL of Colorado. Mr. Presi- Earlier this year, I asked our fellow than 20 bills that are important to dent, I rise in support of the Sports- Coloradans to tell me why they support sportsmen around the country. men’s Act of 2012, which is Senate bill my efforts and why they would like to As I said a few minutes ago, I cannot No. 3525. This bill is a set of bipartisan see more high-quality shooting ranges, imagine why we are still fighting the proposals that enjoys overwhelming and I wish to close with some of their battles of the last election. We are support in the sportsmen’s community, words. going to have a vote on cyber security. and I was glad to see it clear another Donald, from Pagosa Springs, CO, I spoke to the chairman of the com- procedural hurdle just a short time said: mittee a short time ago, Senator LIE- ago. As the majority leader did, I urge We desperately need a range facility in our BERMAN. He is going to come over to- my colleagues to give it final approval area to be able to continue teaching our kids morrow and give a speech about the as quickly as we possibly can. and those who are new to hunting how to importance of this legislation. He and I wish to share some of the reasons safely handle firearms. Senator COLLINS have worked so hard why I think it is so important to get From Gary, in Aurora, CO:

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6729 These ranges are not just a place to shoot. I had the chance to be there in person airfields, and supplies were being deliv- I cannot stress this enough as we are seeing when part of the brigade arrived at ered to the island. more and more clubs closing down: We need Fort Richardson. It was great to see Because of how quickly they were more places to teach, enjoy and relax with our soldiers reunited with their fami- able to seize these airfields, John’s unit fellow shooters. lies after so long apart. I was glad to be was awarded a Presidential Unit Cita- So in the spirit of those Coloradans, there last year when the 4/25 deployed, tion. I urge my colleagues to support the and I am pleased to offer my best wish- But fighting continued in the region Sportsmen’s Act of 2012 and put these es now as we celebrate their return for several days and many men, includ- bipartisan, commonsense proposals to home. ing John, were killed. SSG John work for America’s sportsmen as soon The 4/25 accomplished incredible Klobofski died on April 30, 1944. as possible. things during its time in Afghanistan. On October 16, 2012, in the presence of I yield the floor, and I suggest the ab- Each and every member of the bri- his family, it was my great honor to fi- sence of a quorum. gade—all 3,500 Spartans—carried the nally present to John’s family his The PRESIDING OFFICER. The fight to those who would do our Nation Bronze Star Medal, a Purple Heart, and clerk will call the roll. a Presidential Unit Citation. The legislative clerk proceeded to harm. In doing so, they have made the It was also my honor to present an call the roll. world a safer place for those who love Mr. UDALL of Colorado. Mr. Presi- freedom and democracy. American Defense Service Medal, an dent, I ask unanimous consent that the However, those victories were not Asiatic-Pacific Campaign Medal with order for the quorum call be rescinded. without sacrifice. During this deploy- Two Bronze Stars, a World War II Vic- The PRESIDING OFFICER. Without ment, eight brave Spartans were killed tory Medal, and a Combat Infantryman objection, it is so ordered. in action—PFC Nathan T. Davis, PFC Badge First Award. Vincent J. Ellis, SSG Thomas K. These decorations are small tokens, f Fogarty, SSG Carl E. Hammar, CPL but they are powerful symbols of true MORNING BUSINESS Ethan J. Martin, PFC Richard L. heroism. Sacrifice. And dedication to Mr. UDALL of Colorado. Mr. Presi- McNulty III, SGT Brian L. Walker, and service. dent, I ask unanimous consent that the SPC Jeffrey L. White. We will never These medals are presented on behalf Senate proceed to a period of morning forget them. of a grateful nation. business, with Senators permitted to I would also like to recognize the Mr. President, today I also wish to speak therein for up to 10 minutes families of the 4/25. As we all know, our honor Alan R. Shennum, a veteran of each. soldiers simply could not do their jobs the Vietnam war. It is my honor to The PRESIDING OFFICER. Without without the support of their loved share the story of Alan’s military serv- objection, it is so ordered. ones. You are the ones who wrote let- ice because no story of heroism should f ters and emails, sent care packages, ever fall through the cracks. and kept things running smoothly back Alan was born in Helena, MT, in 1946. HONORING OUR ARMED FORCES home. After graduating from high school, he Mr. GRASSLEY. Mr. President, Iowa When a soldier raises their right enlisted in the Army and trained at has lost another native son fighting for hand and swears in, their family joins Fort Wolters in Texas before attending our liberty on foreign soil. I am sad to the Army, too. Thank you all for your flight school at Hunter Army Airfield announce that on Monday, November 5, service. in Georgia. just as our Nation was preparing to As a member of the Senate Armed Alan was sent to Vietnam in Sep- cast our ballots in the election, PFC Services Committee, I commend the tember of 1968, where he flew heli- Brandon Buttry of Shenandoah, IA, 4th Brigade, 25th Infantry Division, for copters as part of the Fourth Army Di- gave his life defending our freedom. He their dedication, commitment and sac- vision. was only 19 years old but had felt a rifice. We owe them a debt of gratitude In October of 1968, Alan was wounded calling to join the military since he that can never fully be repaid. while flying a combat operation. Be- was a young child. I thank God for such To both the Spartans and their fami- cause his injuries were not severe, he patriots as Brandon Buttry. Without lies, thank you again for everything returned to duty and flew over 30 mis- such brave and selfless Americans in you do. God bless you, and God bless sions in all. Warrant Officer Alan each new generation, our liberty and the United States of America.∑ Shennum retired from service in 1971 way of life could not have been sus- f but never received his medals. tained. On October 17, 2012, in the presence of My prayers go out to his parents, RECOGNIZING OUR NATION’S his family, it was my great honor to fi- Don and Pam, his many brothers and VETERANS nally present to Alan the National De- sisters, and all those who knew and Mr. TESTER. Mr. President, today I fense Service Medal, the Army Aviator loved Brandon. He is described as hav- wish to honor John V. Klobofski, a vet- Badge, the Good Conduct Medal, and ing a mischievous smile and a twinkle eran of World War II. It is my honor to the Vietnam Service Medal. in his eye as well as a slight contrarian share the story of John’s military serv- It was also my honor to present an streak. By all accounts, he was liked ice because no story of heroism should Air Medal with 32 Oak Leaf Clusters, a by all who knew him, and I know he ever fall through the cracks. Vietnam Campaign Medal, and two will be missed very deeply in his com- John was born in Cleveland, MT, in Overseas Service Bars. munity. 1919. After graduating from Chinook These decorations are small tokens, I understand he had an interest in High School, he enlisted in the Na- but they are powerful symbols of true American history, and his love of his tional Guard, where he served for 3 heroism. Sacrifice. And dedication to country is evident from his deep desire years. service. to serve. He has now given the ulti- He then attended classes at Northern These medals are presented on behalf mate sacrifice on behalf of his fellow Montana College and worked for the of a grateful nation. countrymen, and his name will be im- Weather Bureau in Havre. ∑ Mr. BEGICH. Mr. President, I also mortalized alongside all those other John reenlisted in 1940 and was as- wish to commend the members of B American patriots who have laid down signed to the 41st Infantry Division, Company, 1st Battalion, Airborne, their lives in the name of freedom. made up of guardsmen from across the 143rd Infantry Regiment of the Alaska ∑ Mr. BEGICH. Mr. President, I rise to West. As a member of the 163rd Infan- Army National Guard upon the comple- commend the members of the 4th Bri- try Regiment, John was a part of the tion of their deployment to Afghani- gade Combat Team (Airborne), 25th In- campaign to capture New Guinea, stan in support of Operation Enduring fantry Division from Joint Base which was then under Japanese con- Freedom. Elemendorf-Richardson, AK, upon the trol. Dubbed Operation Persecution, I had the chance to be there in person completion of their deployment to Af- his unit landed ashore at Aitape on when the company deployed, and I am ghanistan in support of Operation En- April 22, 1944. Within a number of days, pleased to offer my best wishes now as during Freedom. the unit had captured and secured two we celebrate their safe return home.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6730 CONGRESSIONAL RECORD — SENATE November 13, 2012 Alaska has a special relationship their service and accomplishments American veterans who have given of with our military. That relationship with the dedication of a memorial flag themselves to protect this great Nation started long before statehood during pole on the University of Arkansas and our precious liberties. I thank not World War II with the Alaska Terri- campus. only our veterans but also men and torial Guard. Thousands of Alaska Na- Maurice L. Britt was born in Carlisle, women currently in uniform and all tives voluntarily took up arms in de- AR, in 1919. On November 10, 1943, their families. The sacrifices our vet- fense of our Nation and established a north of Mignano, Italy, Army Lieu- erans and service members make are history of commitment and sacrifice tenant Britt was wounded in battle, enormous: remote deployments, long that lives on in Alaska today. We are but he refused medical attention and deployments, injuries, and worse. proud of the thousands of Alaskans, proceeded to lead a handful of men in a Despite the inherent risk, the United and especially Alaska Natives, who counterattack against the Germans. States continues to attract the most continue to volunteer to protect our Lieutenant Britt and his men ulti- qualified and dedicated citizen soldiers. homeland. As members of the Alaska mately captured four Germans and en- The role of the citizen soldier in this Army National Guard, as Alaskans who abled captured Americans to escape. country is older than the United States have stood up for America, the mem- Nathan Green Gordon was born in itself. From the first shots declaring bers of Bravo Company carry on our Morrilton, AR, in 1916. On February 15, our independence to the current war in State’s long legacy of service. 1944, in the Bismarck Sea, Navy Lieu- Afghanistan, Americans have enjoyed Bravo Company accomplished incred- tenant Gordon was the commander of a unparallel freedom and security thanks ible things during its time in Afghani- Catalina patrol plane. Braving close- to those among us who are willing to stan. While deployed to Kandahar, range fire from the enemy, Lieutenant put themselves in harm’s way. This past Sunday, we formally hon- Farah, and Zabul, our Guardsmen sup- Gordon rescued U.S. airmen of the U.S. ored our Nation’s veterans and we cele- ported three provincial reconstruction Army 5th Air Force in full view of the Japanese. He made a daring escape brated how privileged we are to have a teams. Their efforts have contributed fighting force as committed to excel- enormously to promoting security and under direct fire to fly them to safety. Edgar H. Lloyd was born in Blythe- lence as our own. Our expressions of the rule of law in Afghanistan and have ville, AR. On September 14, 1944, near gratitude, however, should manifest helped moved the United States closer Pompey, France, Army First Lieuten- themselves in actions that make posi- to accomplishing its mission in the ant Lloyd was serving as a rifle platoon tive impacts on the lives of the vet- country. leader in Company E of the 319th Infan- erans to whom we owe so much. Presi- I would also like to take this oppor- try. Assigned task of removing 200 dent John Kennedy once said: ‘‘As we tunity to recognize the families of enemy forces from their position, Lieu- express our gratitude, we must never Bravo Company. Our guardsmen faced tenant Lloyd’s company was within 50 forget that the highest appreciation is a difficult mission in Afghanistan, and yards of the enemy position and suf- not to utter words, but to live by they simply could not have done it fered many casualties. Despite the them.’’ So today I will utter words I without the support of their loved ones enemy threat, First Lieutenant Lloyd hope you will join me in living by. back home. Thank you all for your encouraged his fellow soldiers by at- When we say ‘‘we owe our freedom to service, sacrifice, and dedication. tacking enemy machine gun positions, our men and women in uniform,’’ we As citizen-soldiers, the members of personally destroying five machine must make sure our veterans are treat- Bravo Company hail from throughout guns. His valor inspired the men to ed as such. We must make sure that Alaska. They come from Anchorage, overrun the enemy position. those veterans who need help Bethel, Chevak, Delta Junction, Seymour W. Terry was born in Little transitioning back to civilian life have Dillingham, Eagle River, Ekwok, Rock, AR. On May 11, 1945, on Zebra the resources to do so. We need to be Emmonak, Fairbanks, Fort Greely, Hill, Okinawa, Ryukyu Islands, Army sure veterans can find suitable jobs. Hooper Bay, Houston, Juneau, Kipnuk, First Lieutenant Terry led his com- When our men and women return Kodiak, Kongiganak, Kwethluk, Little pany on an attack when his men came home, they should have access to the Diomede, Marshal, Nikiski, Nome, under heavy enemy fire. He singlehand- best medical care, education, and North Pole, Palmer, Port Graham, edly began securing the hill, running training available so they can continue Quinaag, Scammon Bay, Shishmaref, directly towards the enemy and de- to be beacons of model citizenry. Sitka, Tuluksa, Upper Kalskag, Valdez, stroying the strongholds. He sealed 4 Let this Veterans Day be a catalyst Wasilla, and Wrangell. They return pillboxes with explosives, killed 20 Jap- for how we treat veterans for the rest now to communities proud of their anese and destroyed 3 machine guns. of the year and beyond. The apprecia- service and grateful to have them He continued his assault on the hill to tion, gratitude, and respect shown to home. allow his troops to advance. As First veterans today should be ever-present. As a member of the Senate Armed Lieutenant Terry was reorganizing the The men, women, and families who pro- Services Committee, I commend B company, he was mortally wounded. tect us deserve so much more than just Company, 1st Battalion, Airborne, His heroism inspired the platoon to 1 day to be publicly appreciated. Every 143rd Infantry Regiment, for their dedi- continue the mission. American can do something to repay cation, commitment, and sacrifice. We James L. Stone was born in Pine our veterans. There are many organiza- owe them a debt of gratitude that can Bluff, AR. On November 21 and 22, 1951, tions dedicated to helping veterans. never fully be repaid. near Sokkogae, Korea, First Lieuten- For instance, I have had the distinct To both Bravo Company and the fam- ant Stone’s platoon was attacked by honor to work on legislation with my ilies, thank you again for everything Chinese forces. Courageously, he stood colleague C.A. DUTCH RUPPERSBERGER you do. God bless you, and God bless and directed his men while repairing a to help Fisher House, an organization the United States of America.∑ faulty flamethrower. He was wounded that arranges for travel and accom- Mr. BOOZMAN. Mr. President, today but continued to fire on the enemy dur- modations for family members who I wish to recognize the heroic Univer- ing a second attack and encouraged the visit their wounded warriors as they sity of Arkansas alumni whose actions platoon members’ efforts to protect recuperate in hospitals away from earned them the Nation’s highest dis- their position. home. Fisher House established a pro- tinction for valor in military action, It is people like Maurice Britt, Na- gram called Hotels for Heroes which al- the Congressional Medal of Honor. than Gordon, Edgar Lloyd, Seymour lows travelers to donate credit card Throughout the storied history of the Terry, and James Stone whose resil- hotel reward points to military fami- University of Arkansas, many men and ience, bravery, and courage exemplify lies. Many of those families will be vis- women have served their Nation with the American spirit. Their legacies will iting their loved ones at Water Reed in honor and valor, and five of these self- live on as we remember all of our brave my home State of Maryland. With less heroes have earned our Nation’s service members who selflessly serve fewer than 1 percent of all Americans highest military honor. our Nation to protect its ideals and in- currently serving in our All-Volunteer On Monday, November 12, 2012, we terests. Armed Forces, the sacrifices of the few recognized these valiant heroes who Mr. CARDIN. Mr. President, I wish to are not always felt by the many. Do- put their lives on the line. We honored acknowledge the millions of brave nating unused frequent flyer airline

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I’m struggling to find the appropriate words that can explain how of Public Safety and Correctional Serv- portunity to come to Washington is thankful I am, but the truth is, there are ices to train service dogs to aid return- just a small token of appreciation for none. Because of you, I am able to sit in this ing veterans who are disabled. those who gave so much. room and freely express my thoughts and There are countless other groups I wish to publicly recognize the mem- begin my path on to a bright future. You doing an immeasurable amount of good bers of the Southern Colorado Honor made the sacrifice for me, and now it’s my for our veterans and their families but Flight who visited their Nation’s Cap- turn to return the favor to you. I may not be we always can—and should—do more. ital, many seeing for the first time the able to repay you with what you gave me, So on this Veterans Day, I ask that all my freedom, but I can assure you that I will memorials their Nation built as a trib- reach for my dreams. I will be successful. I Americans give something back to the ute to their selfless service. These are will make a difference. As a 2012 Daniels people who have given so much for this the lucky veterans, the ones who came Scholar, I will live my life with integrity, country. Our veterans deserve it, and home. Their war memorials also pay honesty, loyalty, character, and I will con- our country is made stronger when ev- tribute to those who have paid the ulti- tribute and give back to my community. All eryone makes sacrifices for it. Vet- mate price. Today I honor these Colo- too often, we take for granted our rights and erans understand sacrificing for others; rado veterans on their visit to Wash- freedoms; we live in the best country in the we honor our veterans if we understood ington, DC: world and you made that possible. You and your family. Actually, after listening to our that too. From the U.S. Army: Adolph Wolff, speakers from the military, meeting with my Mr. President, as we honor the brave Jack Traxler, Earl Clark, Leroy Jen- friend who just returned from Afghanistan, men and women who have served in our sen, James Beham, and Sherwood and now writing this letter to you, my major military, we also must turn our Gray; from the U.S. Army Air Corps: could be changing. Helping our country’s sol- thoughts and prayers to those who cur- Howard Casey and Will ‘‘Lew’’ diers would be the ultimate way to return rently wear a uniform in service to our Finlaynson; from the U.S. Navy: Ray- the favor. You are an amazing person for country, especially those in harm’s mond Feather, Howard Pease, Pete what you did for our country. Just know way in Afghanistan and around the wherever you are, whatever struggle you are Demario, James Welty, and Clyde going through, just know you aren’t forgot- world. They are tomorrow’s veterans. Womer; and from the U.S. Marine ten. I’ll think about you constantly, praying So during this lameduck session of the Corps: Jess Masias. for you and those who are still fighting, and 112th Congress and as we prepare for Our Nation asked a great deal of those who will never return. Because of you, the 113th Congress, I urge my col- these individuals: to leave their fami- I am living a better life, and I won’t dis- leagues to consider our Active-Duty lies to fight in unknown lands against appoint you, my country and my commu- service members, our veterans, and a deadly enemy. And each of these nity. Thank you again from the bottom of my heart. Never give up! their families’ needs as we legislate. It brave Coloradans bravely answered the Sending my highest regards, respect, and is my deepest hope addressing those call, placing themselves between this love, Megan Saylor, Casper, Wyoming. needs will not be mired down by par- country and harm. They served our f tisanship on either side of the aisle. country through dangerous times, In closing, I would like to extend my when democratic nations and ideals REMEMBERING RUSSELL TRAIN deepest and most sincere thanks to our around the world were threatened, and Mr. REID. Mr. President, I rise to Active-Duty service men and women, they saved entire continents from fall- briefly honor a distinguished former veterans, and their families. I thank ing to fascism and tyranny. Republican environmental and con- you for your selfless service, your dedi- Please join me in thanking these Col- servation leader. As my colleagues cation, your strength of character, and orado veterans and the volunteers of know, Russell Train passed away on your courage. As a nation, we owe you Honor Flight of Southern Colorado for September 17. an eternal debt of gratitude and appre- their tremendous service to an eter- Mr. Train was the first head of the ciation for your innumerable sacrifices nally grateful nation. Council on Environmental Quality on our behalf. Mr. BARRASSO. Mr. President, we under President Nixon and the second Mr. UDALL of Colorado. Mr. Presi- have all paused to remember our Na- EPA Administrator, serving under both dent, I rise today to pay tribute to the tion’s veterans this week. This year, Presidents Nixon and Ford. He was the outstanding military service of a group the Daniels Scholars wrote letters to chairman emeritus of the World Wild- of incredible Coloradans. These World our country’s heroes in uniform. These life Fund and helped found the organi- War II veterans each played a role in letters, published in Because of you zation in the 1960s. He founded the Af- defending the world from tyranny, . . . Letters of Gratitude from the 2012 rican Wildlife Leadership Foundation truly earning their reputation as the Daniels Scholars to the Defenders of in 1961 and was president of the Con- ‘‘greatest generation’’ through their American Freedom, are heartwarming. servation Foundation from 1965 to 1969. service and sacrifice. Now, thanks to The Daniels Scholarship Program He was a shining example of the age an organization dedicated to honoring was created by a true American pa- when the political parties cooperated these veterans for all they have done triot, Bill Daniels. Bill was awarded on environmental protection, and Re- for us, these great Coloradans came to the Bronze Star for his service in the publicans even sometimes led the way Washington, DC, to visit the National Navy in World War II. He was called forward. He implemented and defended World War II Memorial, to share their back into service during the Korean the Clean Air Act and helped protect experiences with later generations and War. Bill went on to have a tremen- the health and welfare of millions of to pay tribute to those who gave their dously successful career. Due to his Americans. In recent years, he specifi- lives. It is an honor to have had them generosity, young people from Wyo- cally criticized the modern Republican here, and I join with all Coloradans in ming, Utah, New Mexico, and Colorado party’s rejection of health and science- thanking them for all they have done are selected to be Daniels Scholars. In based decisionmaking, especially as re- for us. addition to their college tuition and lated to EPA’s authority to address cli- I also want to say a word about the fees, they receive tremendous support mate change and carbon pollution. In a volunteers from Honor Flight of South- and encouragement to give back to 2010 interview, he stated that he had ern Colorado who made this trip pos- their communities. become a registered Independent. sible. They are great Coloradans in Mr. President, I ask unanimous con- I hope that the Republican Party will their own right, and their mission to sent to have printed in the RECORD the soon return to the example of states- bring our southern Colorado veterans letter written by Megan Saylor from manship and good governance set by to Washington, DC, is truly commend- Casper, WY. May it inspire all who read Russell Train. Our Nation has enor- able. They have been doing great work it. mous environmental challenges, like

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Through that or- so maximizing outcomes for both sides. drought, heat waves, floods, and other deal, Arlen kept his humor, his spirit, That was the genius of the ‘‘without extreme weather in the United States and his rigorous work schedule. He giving in’’ part of ‘‘Getting to Yes.’’ and globally, they will bear the great- served as chairman of the Judiciary While some might assume he meant est responsibility for the economic, Committee in 2005 and 2006. I was the getting one’s way at another’s expense, ecosystem, and public health damages ranking Democratic member of the Roger recognized that is rarely possible that will only accelerate and grow over committee during those years and or desirable, and it is often not nec- time. worked collaboratively to make my essary for a good result. But he also They would be wise instead to adopt friend a success and ensured that we saw how lacking in the basic analytical Mr. Train’s worthy counsel from his treated him fairly. During those years and practical tools of negotiation most memoir: ‘‘Today, as a nation, we ur- and those that followed, when it was people are. gently need to develop the political my turn to chair the committee and I often think of Roger when I see the will to overcome our avoidance of dif- his to lead the Republican members, we House and Senate so polarized and in- ficult environmental decisions. The used to joke that we spoke to each capable of the positive, creative think- problems will only get worse, and we other more often than we spoke to our ing and compromise that are necessary have a long way to go.’’ wives, Marcelle and Joan. to deal effectively with issues of impor- f Arlen was a fighter. I never knew tance to our constituents, to the coun- anyone who worked or fought harder. I try, and to the world. ‘‘Getting to Yes’’ REMEMBERING SENATOR ARLEN think he hoped to fight through his dis- should be mandatory reading for every SPECTER ease one more time. Member of Congress. It contains in- Mr. LEAHY. Mr. President, it was The history books will note that valuable lessons for the job the Amer- more than 40 years ago when two Arlen Specter was the longest-serving ican people sent us here to do. young prosecutors, one from the big- U.S. Senator in Pennsylvania history. I want to express my condolences to gest city in Pennsylvania and one from History should remember Arlen Spec- Roger’s two sons, Elliot and Peter. El- a smaller town in rural Vermont, came ter as a person who tried to do what he liot Fisher lives in Vermont, is a re- together at an annual meeting of the thought was best for the country and spected physician at the Dartmouth- National District Attorneys Associa- to challenge the ever more constricting Hitchcock Medical Center and a lead- tion in Philadelphia. Little did Arlen litmus test of partisan politics. He rep- ing voice for health policy reform. Specter and I know then that we would resented Pennsylvania and served the Peter Fisher has had a distinguished spend 30 years working together in the Nation. Like the Republican Senators career in finance, including at the Fed- United States Senate, building on our who have represented Vermont, Arlen eral Reserve Bank of New York and as bond as former prosecutors, seeking to is an example to all senators, of any an Under Secretary of the Treasury. I bridge the partisan divide, and striving party. He will be missed. have no doubt they both have put to to find common ground on some of the f good use the lessons of their father. most contentious issues of our time. Mr. President, I ask unanimous con- REMEMBERING ROGER D. FISHER Arlen Specter’s public service began sent to have printed in the RECORD an during the Korean War. When elected Mr. LEAHY. Mr. President, on Au- obituary in the Economist about Roger to serve as Philadelphia’s District At- gust 25, 2012, the United States and the Fisher. torney, he led landmark prosecutions world lost one of its most creative There being no objection, the mate- against public corruption and to rid his thinkers and problem solvers. Roger D. rial was ordered to be printed in the city’s streets of some of the country’s Fisher, Williston Professor of Law at RECORD, as follows: most hardened criminals. He was a Harvard University and coauthor of [Sept. 15, 2012] prosecutor’s prosecutor. ‘‘Getting to Yes: Negotiating Without ROGER FISHER Arlen Specter also was a Senator’s Giving In,’’ the most widely read book ROGER FISHER, LAWYER, TEACHER AND Senator. He loved the Constitution, he ever written on the subject, was 90 PEACEMAKER, DIED ON AUGUST 25TH, AGED 90 loved and honored the institutions of years old. He might be an academic—40 years on the our democracy, and he loved policy- Roger Fisher was a pioneer and a faculty of Harvard Law School—but Roger making and the political process. As a giant in the field of negotiation. He not Fisher was really a fixer. He would relax by Senator he tried to put the interests of only changed the way people think mending the plumbing, or laying brick ter- the Nation and the Senate’s special about dispute resolution, inspiring and races at the summer house he loved in Mar- role in our system above partisanship mentoring countless students who have tha’s Vineyard. But that was tiddler stuff. At while always representing and serving gone on to use his teachings in their breakfast he would scan the New York the people of Pennsylvania. He believed Times, looking for bigger problems he could own careers, he applied his theories to fix: arms control, hostage-taking, the Middle in aggressive oversight of government real-life conflicts from South America East. Over dinner the conversation would be agencies, regardless of the administra- to the Middle East. sorting out Vietnam, or ending the war in El tion’s affiliation, from our bipartisan I had the good fortune to meet Roger Salvador. At his 80th birthday party, most investigation of the shootout at Ruby and was struck by his affable manner other guests gone, he was found deep in a Ridge, to the political firings of U.S. and big smile, his inquisitive mind, discussion of peace between Arabs and attorneys and the threats to civil lib- and, perhaps above all, his enthusiasm Israelis. erties posed during the Bush adminis- for devising creative ways to help oth- As long as there were disputes in the world and energy in his body, he was going to help tration. He reached across the aisle to ers solve seemingly intractable prob- resolve them. If it needed a letter to a head partner with me to try to pass com- lems and in doing so make the world a of state, he would send it. If it needed him on prehensive asbestos legislation and we better place. No conflict was too big or the next flight to Moscow or Tokyo, he joined to reauthorize the Voting Rights too small. He had imaginative, would catch it. People didn’t have to invite Act during the Bush administration. thoughtful approaches to everything, him in. He would go anyway, tall, slim and He supported more transparency, in from ending the Vietnam war to resolv- smiling, and slip into action behind the every branch of our government, to en- ing an argument among siblings at the scenes. With that sunny confidence he al- sure the American people knew what family dinner table. ways had, he knew he could make the world better. And so did others: J.K. Galbraith re- their government was doing. He was a Roger was a gifted advocate. He had marked that if he knew Mr. Fisher was on to strong supporter of law enforcement a brilliant mind and an extraordinary a problem, it always eased his conscience. and a vigorous and fair judicial system. ability to persuade. But, as others have Mr. Fisher had a system. He outlined it And he joined with TOM HARKIN to di- said, ‘‘he taught that conflict was not with William Ury in his book ‘‘Getting to

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In any negotiation, he wrote—even called in friends, they all clubbed together, prosecution and court programs; (3) preven- with terrorists—it was vital to separate the the deal was agreed; and he spent 50 glorious tion and education programs; (4) corrections people from the problem; to focus on the un- summers there, in just the sort of sweet, and community corrections programs; (5) derlying interests of both sides, rather than wise, negotiated peace he always wished for drug treatment programs; (6) planning, eval- stake out unwavering positions; and to ex- the world. uation, and technology improvement pro- plore all possible options before making a de- f grams; and (7) crime victim and witness pro- cision. The parties should try to build a rap- REQUEST FOR CONSULTATION grams. Several of these broad purpose areas port, check each other out, even just by are already covered by other federal grant shaking hands or eating together. Each Mr. COBURN. Mr. President, I ask programs including Community Oriented Po- should ‘‘listen actively’’, as he always did, to consent that the following letter be licing Services (COPS), Second Chance Act what the other was saying. They should printed in the CONGRESSIONAL RECORD. grants, drug and mental health court grants, recognise the emotions on either side, from a There being no objection, the mate- and the Debbie Smith DNA Backlog Grant longing for security to a craving for status. rial was ordered to be printed in the And they should try to get inside each oth- program, among others. RECORD, as follows: er’s heads. Second, Congress, particularly the That was the theory, and Mr. Fisher de- U.S. SENATE, lighted to put it into practice. At the Geneva November 13, 2012, Senate, has not performed sufficient summit of 1985, for example, Ronald Reagan Hon. MITCH MCCONNELL, oversight of the Byrne JAG program to on his advice did not confront Mikhail Senate Minority Leader, justify its reauthorization at this time. Gorbachev, but sat by a roaring fire with U.S. Senate, Washington, DC. Before reauthorizing this or any pro- him while they exchanged ideas. More sum- DEAR SENATOR MCCONNELL: I am request- gram, Congress should perform over- mits followed. A border war between Peru ing that I be consulted before the Senate en- sight to determine how a grant pro- and Ecuador was nipped in the bud when Mr. ters into any unanimous consent agreements Fisher advised the president of Ecuador or time limitations regarding H.R. 6062, Ed- gram is performing, evaluate how (once a pupil of his) to sit on a sofa with the ward Byrne Memorial Justice Assistance grantees use federal funds, measure the Peruvian president, and look at a map with Grant Program Reauthorization Act of 2012. results of the program, and analyze him. Interviewing President Nasser of Egypt I support the goals of this legislation and whether there are other federal pro- in 1970, Mr. Fisher asked him how Golda believe state and local law enforcement grams funding the same purposes. In agencies are a vital part of the criminal jus- Meir, then Israel’s prime minister, would be my federal deficit reduction plan, Back regarded at home if she agreed to all his de- tice system in this country. However, I be- mands. ‘‘Boy, would she have a problem!’’ lieve the responsibility to support, fund, and in Black, I noted that critics on the Nasser laughed. He then grew thoughtful, hold accountable state and local law enforce- right and left, along with the Depart- having briefly seen their dispute from her ment agencies lies with the states and local ment of Justice Office of the Inspector point of view. communities these brave law enforcement General, agree Byrne JAG experiences The Middle East, which caused him per- officers serve. Furthermore, while I do not waste, fraud, and abuse in a variety of sonal grief, also brought his most public suc- believe this issue is the responsibility of the cess. His principles were used all through the federal government; if Congress does act, we ways and should be reformed. Thus, I Camp David negotiations of 1978, from the can and must do so in a fiscally responsible do not believe Congress should blindly brainstorming over Jimmy Carter’s draft of manner. My concerns are included in, but reauthorize this program without over- an agreement (23 rewrites) to the moment not limited to, those outlined in this letter. sight through a detailed review of its when Mr. Carter presented Menachem Begin, While this bill is well-intentioned, it policies and practices. the Israeli leader, with signed pictures dedi- could cost the American people ap- cated, by name, to each of Begin’s grand- Finally, I do not believe the federal gov- children. Deeply affected, Begin began to proximately $800 million per year for 5 ernment has the authority under the Con- talk about his family. The accords were years without corresponding offsets, stitution to provide federal funds to state signed that day. totaling $4 billion. Furthermore, with and local governments for use on state and He had his failures. As a Pentagon adviser the exception of the extra stimulus local criminal justice systems. Article I, in the 1960s he suggested several ‘‘yesable funding in 2009 through the American Section 8 of the Constitution enumerates the propositions’’ to put to the North Viet- Recovery and Reinvestment Act limited powers of Congress, and nowhere are namese; Robert McNamara listened, but not (ARRA), the Byrne Justice Assistance we tasked with funding or becoming involved the military brass. In 1967 he had fun trying with state and local criminal issues. to nurse the tiny, dusty island of Anguilla to Grant Program (JAG) has never re- independent statehood, but the experiment ceived funding at the level authorized There is no question state and local was overturned. South Africa possibly satis- in this legislation. According to the law enforcement play a vital role in fied him most: the Afrikaner cabinet and Congressional Research Service (CRS), maintaining order and safety in many ANC officials, trained separately by him in JAG funding has averaged $461 million communities. However, I believe this negotiation workshops, agreeing to end per year since its first appropriation in apartheid without resorting to violence. issue is the responsibility of the states FY 2005, and appropriations have actu- and not the federal government. De- LESSONS FROM THE SOUK ally been trending downward since that spite these constitutional limitations, Mr. Fisher’s motivation was as clear as his time. Without including the 2009 ARRA writing. He hated war. His own service had if Congress does act in this area we funding, the most Congress has ever been as a weather reconnaissance officer; in should evaluate the program as most appropriated to Byrne JAG in a single the course of it he had lost his roommate American individuals and companies and many college friends. He had also flown year is $546 million in FY 2009. I recog- often over Japan, harmless morning flights nize this legislation reduces the overall must do with their own resources; we which the Japanese, pre-Hiroshima, had fa- authorization for the Byrne JAG pro- should review current programs, deter- tally learned to ignore. All those deaths gram; however, I do not believe this re- mine any needs that may exist, and weighed on him. duction is sufficient to address the prioritize those needs for funding by More light-heartedly, he grew up as one of growing federal spending problem in cutting from the federal budget pro- six children, preferring to strike bargains grams fraught with waste, fraud, rather than land a punch. Later on, still bar- this country. gain-minded, he would stroll the souks of It is irresponsible for Congress to jeop- abuse, and duplication. Damascus or Jerusalem, looking to expand ardize the future standard of living of our Sincerely, his collection of ancient weights. Every one children by borrowing from future genera- TOM A. COBURN, M.D., of those pieces represented a tough negotia- tions. The U.S. national debt is now over $16 United States Senator. tion successfully concluded. For those who trillion. That means over $51,000 in debt for found his principles too idealistic, he could each man, woman and child in the United f point to age-old haggling tricks he also rec- States. A year ago, the national debt was ommended: pretending not to be interested, $14.7 trillion. Despite pledges to control WYOMING TAXPAYERS spending, Washington adds billions to the refusing to react to pressure, being prepared ASSOCIATION to walk away. national debt every single day. In just one His most pleasing bargain, though, was the year, our national debt has grown by $19 tril- Mr. BARRASSO. Mr. President, I rise one he made to get his lot on the Vineyard. lion or 8.8%. There he built a glass and shingle house In addition to these fiscal concerns, there today to submit for the RECORD a docu- right between the pounding ocean and are several problems specific to this legisla- ment that I think everyone in this Watcha Pond, where ospreys nested. When he tion. First, the Byrne JAG program dupli- body should consider.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6734 CONGRESSIONAL RECORD — SENATE November 13, 2012 There is no question that our Nation Zedek has played a vital role, not just In 2003 he became the sheriff of Ben- is facing a challenging financial future. for Michigan Jews, but for the commu- ton County, a position he still holds Our country needs real leadership to nity at large. Even more important today. In the past 10 years he has prov- recognize the problems that we are fac- than its high profile events with high- en his commitment to keeping Arkan- ing and address them directly. level speakers and guests is Shaarey sans safe. I have worked with Sheriff For 75 years, my home State has ben- Zedek’s 150 years of day-in, day-out Ferguson and other community leaders efited from the knowledge and exper- service to faith, community and hu- during the institution of the 287(g) Pro- tise of the Wyoming Taxpayers Asso- manity. gram with Immigration and Customs ciation. The Wyoming Taxpayers Asso- Shaarey Zedek has played a vital role Enforcement, commonly known as ICE. ciation has fought for transparency, in Jewish cultural and political life. It This local, State, and Federal coopera- equity, balance, and stability for Wyo- is no coincidence that, as the threat of tion has played a key role in com- ming taxpayers. Nazi Germany rose, Shaarey Zedek bating illegal immigration in North- There is no question that the U.S Tax hosted one of the most important west Arkansas. Code is a mess and in need of serious meetings of American Jews in the May Keith also helped create a child reform. of 1938, warning Americans about Hit- internet pornography investigation As we look to address our debt crisis ler’s threat to European Jews and to unit to help keep our children safe and and reform the Tax Code, we should international security and strongly ad- has championed the use of inmate take a responsible, sensible approach vocating for Jewish emigration to Pal- labor to help the county through pro- to taxation. estine to escape Hitler’s clutches. And grams such as Habitat for Humanity The Wyoming Taxpayers Associa- in later years, Shaarey Zedek was one and the Northwest Arkansas Food tion’s ‘‘Cornerstones of Taxation’’ pro- of America’s leading voices in support Bank. vides an excellent foundation that we of oppressed Jews in the Soviet Union. As sheriff of Benton County, he has should consider as we debate the future It was Shaarey Zedek where Detroit improved outreach to children and the of the U.S. Tax Code. Tigers slugger Hank Greenberg at- elderly and efficiency in the office with I ask unanimous consent to have tended services on Yom Kippur of 1934, upgraded technology and improved printed in the RECORD the Wyoming in the midst of the American League equipment and employee training. Taxpayers Association’s ‘‘Cornerstones pennant race, receiving a standing ova- Keith’s commitment to safety has of Taxation.’’ tion from the congregation, serving as been recognized at the State level, There being no objection, the mate- a powerful symbol of Jewish identity, earning the Arkansas State Police rial was ordered to be printed in the and, as he later put it in his autobiog- Commendation Award for his heroics in raphy, pleasing his relieved parents. RECORD, as follows: apprehending a suspect and the North- Like any religious institution, west Community Valor Award for his WYOMING TAXPAYERS ASSOCIATION’S Shaarey Zedek has first and foremost ‘‘CORNERSTONES OF TAXATION’’ role in capturing three prison escapees. been a touchstone of faith. Congrega- Justification: I congratulate Sheriff Keith Fer- tion Shaarey Zedek is one of America’s guson for his outstanding achieve- Is there a justified need for the tax and is most respected synagogues. it fiscally prudent? ments and success in law enforcement, Of particular importance to me is the Are existing government funds spent effi- and I ask my colleagues to join me in congregation’s longstanding dedication ciently before considering a new tax? honoring him on his retirement. I wish to tolerance, not just in matters of Is the primary goal of the tax to generate him continued success in his future en- faith, but in all matters of conscience. revenue or does it modify behavior or influ- deavors. Benton County is a better ence policy? At times of strife and conflict in Michi- place to live thanks to his years of Equity: gan and the Nation, and in the face of service and leadership to Arkansas.∑ Does the tax impose equal and uniform li- discrimination or oppression, Shaarey abilities upon similarly situated taxpayers? Zedek has consistently served as a f Is the tax constitutional? Does the tax disadvantage one taxpayer voice of reason, peace, understanding RECOGNIZING THOMPSON- over another? and equality. MARKWARD HALL So this anniversary is important to Balance: ∑ Mr. HOEVEN. Mr. President, today I the Jewish community, and the larger Does the tax result in diversification in wish to recognize the 125th anniversary community. But it also means a lot to taxation? of Thompson-Markward Hall, formerly Does the tax influence decisions regarding me personally. Congregation Shaarey known as the Young Women’s Chris- spending, saving or investing? Zedek is where my brother and I were tian Home. Thompson-Markward Hall Does the tax concentrate a financial bur- bar mitzvahed. It is the spiritual home is located on Capitol Hill, directly den on a few and will the tax distort eco- of many who are dear to me, and to the nomic behavior? across from the Senate Hart Building, community of which I am a proud Stability: and has long served as a temporary member. I know my colleagues will Is the tax stable and predictable under home for young women studying or want to join me in congratulating all changing political, economic, regulatory and working in our Nation’s Capital, in- those who have made Congregation environmental conditions? cluding many who have interned or Transparency: Shaarey Zedek such an important in- worked in congressional offices. Is the tax visible, accountable and stitution for 150 years, and who will auditable? Thompson-Markward Hall was found- carry that tradition forward in the dec- ed in 1833 by Mary G. Wilkinson. Is the tax easy to understand, administer ades to come. and cost effective to collect? Wilkinson, who was grieving the death f f of her daughter, recognized the need to ADDITIONAL STATEMENTS create a safe housing option for young 150TH ANNIVERSARY OF women moving to Washington seeking CONGREGATION SHAAREY ZEDEK employment, and he began housing two Mr. LEVIN. Mr. President, on Oct. 27, TRIBUTE TO SHERIFF KEITH young women in her Capitol Hill home. many of my fellow Michiganians gath- FERGUSON The need for additional space soon led ered to recognize an event of enormous ∑ Mr. BOOZMAN. Mr. President, today to the securing of a new location at historical and cultural significance to I wish to honor Benton County sheriff Fifth Street, NW, where the early our State: the 150th anniversary of Keith Ferguson, who is retiring after years of the home were funded through Congregation Shaarey Zedek in the more than four decades of dedication to the generosity and hard work of City of Southfield, just outside my safety and law enforcement. Wilkinson, her friends, benevolent mer- hometown of Detroit. Serving for 32 years with the Arkan- chants, and other community mem- For a century and a half, from its sas State Police, with more than half bers. humble beginnings in Detroit to its of those years as supervisor of Carroll In 1887, the Young Woman’s Christian emergence as one of the most impor- and Benton Counties, Keith made a ca- Home was chartered by Congress and tant and influential institutions in the reer out of helping the people of Arkan- incorporated to provide temporary American Jewish community, Shaarey sas. housing for young women coming to

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6735 the District of Columbia. The assist- with better information sharing, Texas The founding members wanted to cre- ance Congress provided to this home has gone from sixth to third as a re- ate a nonprofit, nonpartisan, commu- during its early years stands today as a cipient of Federal research funding. nity-driven organization that focused strong example of ways Congress can Science and technology are critical on the causes and larger issues affect- show support and lend short-term as- to the future growth and prosperity of ing rural America, rather than just the sistance to help an organization get its our country. America must continue to effects of the farm crisis. On January legs. By 1906, the trustees believed the prioritize scientific research and tech- 10, 1987, Dakota Rural Action held its home could manage without Federal nological development that fuels our first meeting in Brookings, SD, to assistance, and the congressional ap- economy, creates jobs, improves health adopt bylaws and an organizational propriation was discontinued Today care and helps to promote our national structure, set membership dues, and to the home remains a self-sustaining or- security and global leadership. establish an issue platform. ganization funded through endowments This is incredibly important to both Today, Dakota Rural Action remains and residents. Texas and America. Since World War a vibrant, statewide network of six Today, Thompson-Markward Hall II, more than half of US economic chapters. They celebrated their 25th also remains, true to its founding prin- growth can be attributed to techno- anniversary at their annual meeting in ciples, a safe, comfortable, moderately- logical innovation; part of this is a di- Brookings, SD on November 9 and 10, priced place for young women to live rect result of Federal investment in 2012. It is a great privilege for me to when studying or establishing careers science and technology. recognize Dakota Rural Action’s 25 in Washington. Retaining the spirit of Texas’ world-class research institu- years of service to South Dakotans, as Mary G. Wilkinson’s founding inten- tions and university-based innovation well as their continuing commitment tions, Thompson-Markward Hall has centers like TCSUH bring new tech- to the issues and causes that affect earned a reputation as a special place nology and research together with South Dakota and rural areas across for its residents, helping equip them savvy entrepreneurs, creating new the Nation.∑ with a strong foundation for developing businesses and, most important, cre- f lifelong friendships and fostering a ating jobs. deep regard for Washington, DC, and TCSUH contributes to the goals of TRIBUTE TO MIKE MODRICK the opportunities the city offers. strengthening the prominence of Texas ∑ Mr. THUNE. Mr. President, today I As Thompson-Markward Hall cele- as a national research leader by at- recognize Mike Modrick of Rapid City, brates another important milestone in tracting top quality researchers to the SD. Mike, a recognized television per- its history, it is important that we rec- State, educating the next generation of sonality in western South Dakota, is ognize and congratulate this organiza- scientists and engineers, and building celebrating 25 years on October 26, 2012, tion and especially the many talented links with industry to commercialize as a meteorologist at KOTA Territory individuals who have worked hard and new technologies and create quality News and 30 years in weather fore- given of their time and talents to help jobs. casting. Mike is a graduate of Iowa found this residence and now work to I congratulate Dr. Chu and his col- State University with a bachelor of maintain and further its rich legacy. It leagues at TCSUH on this important science degree in meteorology and a is the efforts of all of these individuals, occasion and extend my best wishes to degree in speech. Shortly after grad- and especially Mar G. Wilkinson, Bes- all for many more years of continued uating, Mike made his way to the beau- sie J. Kibbey, Flora Markward Thomp- success.∑ tiful, yet markedly unpredictable cli- son, and past and present. Board of f mate of western South Dakota where Trustee members and staff, who have he has provided important safety and 25TH ANNIVERSARY OF DAKOTA helped make Thompson-Markward Hall weather communications to the people RURAL ACTION a wonderful housing option for thou- of South Dakota for 25 years. sands of young women.∑ Mr. JOHNSON of South Dakota. Mr. Mike has received the Seal of Ap- President, today I wish to commemo- f proval for Television Weathercasting rate the 25th anniversary of Dakota from the American Meteorological So- RECOGNIZING TEXAS CENTER FOR Rural Action. I am proud to honor the ciety, which is considered the most SUPERCONDUCTIVITY members and stakeholders involved in prestigious award in weather broad- ∑ Mrs. HUTCHISON. Mr. President, Dakota Rural Action and extend my casting. His dedication to timely, reli- today, the Texas Center for Super- congratulations to them on this memo- able forecasting across western South conductivity at the University of Hous- rable occasion. Dakota is indicative of his passion and ton (TCSUH) commemorates 25 years Dakota Rural Action is a local, commitment to the safety of all South of achievements following the dis- grassroots organization that exhibits Dakotans. As Mike celebrates his silver covery of the High Temperature Super- leadership through community orga- anniversary with KOTA, it is my pleas- conductor YBCO by Dr. Paul C. W. Chu nizing. They strive to give South Dako- ure to thank him for his service.∑ and colleagues in 1987 and the estab- tans a strong voice by working with f lishment the Center by the State of local, State, and Federal Government Texas. officials on issues and decisions involv- TRIBUTE TO DR. DUANE MEYER With ongoing support from the State, ing family agriculture, conservation, ∑ Mr. BLUNT. Mr. President, today I the Center has continued to grow in and overall quality of life. The mem- wish to honor Dr. Duane Meyer, histo- size and in the breadth of its programs bers of DRA were also early vocal advo- rian, educator, author, former univer- which include basic and applied re- cates of my Country-of-Origin Label- sity president and my friend. Fittingly, search, technology development and ing, COOL, law, which has enabled con- the Greene County Historical Society transfer and advanced education and sumers to access information about honored Dr. Meyer in October with its training. TCSUH maintains an infra- where their food is coming from and Life Time Achievement Award for his structure that supports the inter- enabled producers to get a better price body of work enriching Missouri’s edu- disciplinary research and education for their products. cational, historical and cultural life. that is necessary to advance new fields The Dakota Rural Action organiza- Dr. Meyer, through his dedication, is and accelerate scientific discovery. tion started in 1985 as a steering com- recognized as one of Missouri’s most I am intensely committed to invest- mittee called the South Dakota Rural distinguished historians. Dr. Meyer ing in science and research and Texas’ Organizing Project. The committee was served as a teacher for 18 years and as place at the top of that ladder. In 2004, tasked with finding substantive and ef- an administrator for 22 years (1971–1983 I worked to create TAMEST The Acad- fective ways to organize citizens on a as president of what is today Missouri emy of Medicine, Engineering and grassroots level, largely due to the State University). He arrived in Science of Texas a vehicle for Texas in- farm crisis of the late 1980s. When the Springfield in 1955 with a Ph.D. from stitutions to share knowledge and re- need for a more sustained, long-term the University of Iowa. Dr. Meyer search, to know what others in the sci- organization became evident, Dakota began his career as an assistant pro- entific fields were working on. Today, Rural Action was formally created. fessor of history and later became a

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6736 CONGRESSIONAL RECORD — SENATE November 13, 2012 full professor of history. By 1961 he was United States submitting sundry nomi- H.R. 6433. An act to make corrections with dean of facilities for what was then nations which were referred to the ap- respect to Food and Drug Administration Southwest Missouri State College. Ten propriate committees. user fees. years later Dr. Meyer was selected as (The messages received today are H.J. Res. 117. Joint resolution making con- the sixth president of Southwest Mis- printed at the end of the Senate pro- tinuing appropriations for fiscal year 2013, and for other purposes. souri State College, which earned uni- ceedings.) Under the authority of the order of versity status in 1972. f During his 12 years at the helm of the Senate of January 5, 2011, the en- Southwest Missouri State University, MESSAGES FROM THE HOUSE rolled bills and joint resolution were enrollment increased to an all-time RECEIVED DURING ADJOURNMENT subsequently signed on September 25, high (62 percent), making it the second ENROLLED BILLS AND JOINT RESOLUTION 2012, during the adjournment of the largest 4-year public institution of SIGNED Senate, by the President pro tempore higher learning in Missouri. Southwest Under the authority of the order of (Mr. INOUYE). Missouri State University was trans- the Senate of January 5, 2011, the Sec- Under the authority of the order of formed with the creation of an aca- retary of the Senate, on September 25, the Senate of January 5, 2011, the Sec- demic master plan, including a new 2012, during the adjournment of the retary of the Senate, on September 28, business school, construction of a stu- Senate, received a message from the 2012, during the adjournment of the dent event center and elevation of the House of Representatives announcing Senate, received a message from the athletic program to NCAA Division I that the Speaker pro tempore (Mr. House of Representatives announcing competition. Academic achievements LEWIS of California) has signed the fol- that the House has passed the fol- included new specialist degrees for lowing enrolled bills and joint resolu- lowing bills, without amendment: graduate programs, new associate de- tion: S. 3624. An act to amend section 31311 of grees for undergraduate students and S. 300. An act to prevent abuse of Govern- title 49, United States Code, to permit States cooperative education. Students were ment charge cards. to issue commercial driver’s licenses to also given the opportunity to have S. 710. An act to amend the Solid Waste members of the Armed Forces whose duty learning experiences abroad. Faculty Disposal Act to direct the Administrator of station is located in the State. research was encouraged and research the Environmental Protection Agency to es- S. 3625. An act to change the effective date and service centers took form at tablish a hazardous waste electronic mani- for the internet publication of certain infor- Southwest Missouri State University fest system. mation to prevent harm to the national se- during Dr. Meyer’s tenure as president. H.R. 1272. An act to provide for the use and curity or endangering the military officers distribution of the funds awarded to the Min- As the academic landscape changed, and civilian employees to whom the publica- nesota Chippewa Tribe, et al., by the United tion requirement applies, and for other pur- so did the look of the campus. The States Court of Federal Claims in the Docket poses. campus expanded to 125 acres, the first Numbers 19 and 188, and for other purposes. ENROLLED BILL SIGNED public-private building—Hammons H.R. 1791. An act to designate the United Student Center—was constructed along States courthouse under construction at 101 Under the authority of the order of with three new classroom buildings and South United States Route 1 in Fort Pierce, the Senate of January 5, 2011, the Sec- four new residence halls. During that Florida, as the ‘‘Alto Lee Adams, Sr., United retary of the Senate, on September 28, period, Southwest Missouri State Uni- States Courthouse’’. 2012, during the adjournment of the H.R. 2139. An act to require the Secretary Senate, received a message from the versity added the State Fruit Experi- of the Treasury to mint coins in commemo- ment Station in Mountain Grove and a ration of the centennial of the establishment House of Representatives announcing new campus in West Plains, Missouri. of Lions Club International. that the Speaker pro tempore (Mr. In recognition of his contributions, H.R. 2240. An act to authorize the exchange LEWIS of California) has signed the fol- Southwest Missouri State University of land or interest in land between Lowell lowing enrolled bill: honored Dr. Meyer by naming the National Historical Park and the city of S. 3625. An act to change the effective date school’s new library after him. Lowell in the Commonwealth of Massachu- for the internet publication of certain infor- After leaving the president’s office, setts, and for other purposes. mation to prevent harm to the national se- Dr. Meyer continued to teach as a pro- H.R. 2706. An act to prohibit the sale of curity or endangering the military officers billfish. and civilian employees to whom the publica- fessor emeritus of history. He also H.R. 3556. An act to designate the new served as a member on the Missouri tion requirement applies, and for other pur- United States courthouse in Buffalo, New poses. Council of Public Higher Education York, as the ‘‘Robert H. Jackson United Board and on the Missouri Humanities States Courthouse’’. Under the authority of the order of Council. Dr. Meyer’s research has pro- H.R. 4158. An act to confirm full ownership the Senate of January 5, 2011, the en- duced two text books, including The rights for certain United States astronauts rolled bill was subsequently signed on Heritage of Missouri: A History, which to artifacts from the astronauts’ space mis- September 28, 2012, during the adjourn- serves as a valuable reference for stu- sions. ment of the Senate, by the Acting H.R. 4223. An act to amend title 18, United dents learning about Missouri history. States Code, to prohibit theft of medical President pro tempore (Mr. REID). Dr. Meyer’s leadership and dedication products, and for other purposes. ENROLLED BILL SIGNED to excellence have reshaped one of the H.R. 4347. An act to designate the United Under the authority of the order of region’s great universities and bene- States courthouse located at 709 West 9th the Senate of January 5, 2011, the Sec- fited countless students who have Street in Juneau, Alaska, as the ‘‘Robert retary of the Senate, on October 9, 2012, passed through its halls. Congratula- Boochever United States Courthouse’’. during the adjournment of the Senate, tions to Dr. Meyer for enhancing our H.R. 5512. An act to amend title 28, United received a message from the House of understanding of Missouri history and States Code, to realign divisions within two judicial districts. Representatives announcing that the making it available for future genera- H.R. 6189. An act to eliminate unnecessary Speaker pro tempore (Mr. HARRIS of tions.∑ reporting requirements for unfunded pro- Maryland) has signed the following en- f grams under the Office of Justice Programs. rolled bill: H.R. 6215. An act to amend the Trademark MESSAGES FROM THE PRESIDENT Act of 1946 to correct an error in the provi- S. 3624. An act to amend section 31311 of Messages from the President of the sions relating to remedies for dilution. title 49, United States Code, to permit States United States were communicated to H.R. 6375. An act to authorize certain De- to issue commercial driver’s licenses to the Senate by Mr. Pate, one of his sec- partment of Veterans Affairs major medical members of the Armed Forces whose duty station is located in the State. retaries. facility projects, to amend title 38, United States Code, to extend certain authorities of f Under the authority of the order of the Secretary of Veterans Affairs, and for the Senate of January 5, 2011, the en- EXECUTIVE MESSAGES REFERRED other purposes. H.R. 6431. An act to provide flexibility with rolled bill was subsequently signed on As in executive session the PRE- respect to United States support for assist- October 9, 2012, during the adjournment SIDING OFFICER laid before the Sen- ance provided by international financial in- of the Senate, by the Acting President ate messages from the President of the stitutions for Burma, and for other purposes. pro tempore (Mr. WEBB).

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6737 MESSAGE FROM THE HOUSE EC–7739. A communication from the Chair- the Select Agent and Toxin Regulations’’ man and Chief Executive Officer, Farm Cred- ((RIN0579–AD09) (Docket No. APHIS–2009– At 2:22 p.m., a message from the it Administration, transmitting, pursuant to 070)) received during adjournment of the House of Representatives, delivered by law, the report of a rule entitled ‘‘Disclosure Senate in the Office of the President of the Mr. Novotny, one of its reading clerks, to Investor in System-wide and Consolidated Senate on October 9, 2012; to the Committee announced that the House has passed Bank Debt Obligations of the Farm Credit on Agriculture, Nutrition, and Forestry. the following bill, in which it requests System’’ (RIN3052–AC77) received during ad- EC–7747. A communication from the Ad- the concurrence of the Senate: journment of the Senate in the Office of the ministrator of the National Organic Pro- President of the Senate on October 9, 2012; to gram, Agricultural Marketing Service, De- H.R. 3409. An act to limit the authority of the Committee on Agriculture, Nutrition, partment of Agriculture, transmitting, pur- the Secretary of the Interior to issue regula- and Forestry. suant to law, the report of a rule entitled tions before December 31, 2013, under the EC–7740. A communication from the Direc- ‘‘National Organic Program (NOP); Sunset Surface Mining Control and Reclamation tor of the Regulatory Review Group, Farm Review (2012) for Nutrient Vitamins and Min- Act of 1977. Service Agency, Department of Agriculture, erals’’ ((RIN0581–AD17) (AMS–NOP–10–0083; The message also announced that the transmitting, pursuant to law, the report of NOP–10–09IR)) received during adjournment House passed the following bill, with a rule entitled ‘‘Suspension of End-Use Cer- of the Senate in the Office of the President an amendment, in which it requests tificate Program Requirements’’ (7 CFR Part of the Senate on September 28, 2012; to the the concurrence of the Senate: 782) received during adjournment of the Sen- Committee on Agriculture, Nutrition, and ate in the Office of the President of the Sen- Forestry. S. 743. An act to amend chapter 23 of title ate on October 3, 2012; to the Committee on EC–7748. A communication from the Ad- 5, United States Code, to clarify the disclo- Agriculture, Nutrition, and Forestry. ministrator of the National Organic Pro- sures of information protected from prohib- EC–7741. A communication from the Man- gram, Agricultural Marketing Service, De- ited personnel practices, require a statement agement and Program Analyst, Forest Serv- partment of Agriculture, transmitting, pur- in nondisclosure policies, forms, and agree- ice, Department of Agriculture, transmit- suant to law, the report of a rule entitled ments that such policies, forms, and agree- ting, pursuant to law, the report of a rule en- ‘‘National Organic Program (NOP); Amend- ments that such policies, forms, and agree- titled ‘‘Prohibitions Governing Fire’’ ment to the National List of Allowed and ments conform with certain disclosure pro- (RIN0596–AD08) received during adjournment Prohibited Substances (Livestock)’’ tections, provide certain authority for the of the Senate in the Office of the President ((RIN0581–AD018) (AMS–NOP–11–0063; NOP– Special Counsel, and for other purposes. of the Senate on October 4, 2012; to the Com- 11–11FR)) received during adjournment of the f mittee on Agriculture, Nutrition, and For- Senate in the Office of the President of the estry. Senate on September 28, 2012; to the Com- ENROLLED BILLS PRESENTED EC–7742. A communication from the Acting mittee on Agriculture, Nutrition, and For- The Secretary of the Senate reported Congressional Review Coordinator, Animal estry. that on September 25, 2012, she had pre- and Plant Health Inspection Service, Depart- EC–7749. A communication from the Ad- sented to the President of the United ment of Agriculture, transmitting, pursuant ministrator of Dairy Programs, Agricultural to law, the report of a rule entitled ‘‘Plum Marketing Service, Department of Agri- States the following enrolled bills: Pox Compensation’’ ((RIN0579–AD58) (Docket culture, transmitting, pursuant to law, the S. 300. An act to prevent abuse of Govern- No. APHIS–2011–0004)) received during ad- report of a rule entitled ‘‘Grading and In- ment charge cards. journment of the Senate in the Office of the spection, General Specifications for Ap- S. 710. An act to amend the Solid Waste President of the Senate on September 28, proved Plants and Standards for Grades of Disposal Act to direct the Administrator of 2012; to the Committee on Agriculture, Nu- Dairy Products; General Specifications for the Environmental Protection Agency to es- trition, and Forestry. Dairy Plants Approved for USDA Inspection tablish a hazardous waste electronic mani- EC–7743. A communication from the Acting and Grading Service’’ (AMS–DA–10–0055) re- fest system. Congressional Review Coordinator, Animal ceived during adjournment of the Senate in The Secretary of the Senate reported and Plant Health Inspection Service, Depart- the Office of the President of the Senate on that on September 28, 2012, she had pre- ment of Agriculture, transmitting, pursuant September 28, 2012; to the Committee on Ag- to law, the report of a rule entitled ‘‘Asian riculture, Nutrition, and Forestry. sented to the President of the United Longhorned Beetle; Quarantined Areas in EC–7750. A communication from the Direc- States the following enrolled bill: Massachusetts, Ohio, and New York’’ (Dock- tor of the Regulatory Management Division, S. 3625. An act to change the effective date et No. APHIS–2012–0003) received during ad- Environmental Protection Agency, transmit- for the internet publication of certain infor- journment of the Senate in the Office of the ting, pursuant to law, the report of a rule en- mation to prevent harm to the national se- President of the Senate on September 28, titled ‘‘Chlorantraniliprole; Pesticide Toler- curity or endangering the military officers 2012; to the Committee on Agriculture, Nu- ances’’ (FRL No. 9362–5) received during ad- and civilian employees to whom the publica- trition, and Forestry. journment of Senate in the Office of the tion requirement applies, and for other pur- EC–7744. A communication from the Con- President of the Senate on September 28, poses. gressional Review Coordinator, Animal and 2012; to the Committee on Agriculture, Nu- The Secretary of the Senate reported Plant Health Inspection Service, Department trition, and Forestry. of Agriculture, transmitting, pursuant to EC–7751. A communication from the Direc- that on October 9, 2012, she had pre- law, the report of a rule entitled ‘‘Citrus tor of the Regulatory Management Division, sented to the President of the United Greening and Asian Citrus Psyllid; Quar- Environmental Protection Agency, transmit- States the following enrolled bill: antine and Interstate Movement Regula- ting, pursuant to law, the report of a rule en- S. 3624. An act to amend section 31311 of tions’’ ((RIN0579–AC85) (Docket No. APHIS– titled ‘‘Alkyl Amines Polyalkoxylates; Ex- title 49, United States Code, to permit States 2008–0015)) received during adjournment of emption from the Requirement of a Toler- to issue commercial driver’s licenses to the Senate in the Office of the President of ance’’ (FRL No. 9361–7) received during ad- members of the Armed Forces whose duty the Senate on October 1, 2012; to the Com- journment of Senate in the Office of the station is located in the State. mittee on Agriculture, Nutrition, and For- President of the Senate on October 4, 2012; to f estry. the Committee on Agriculture, Nutrition, EC–7745. A communication from the Con- and Forestry. MEASURES REFERRED gressional Review Coordinator, Animal and EC–7752. A communication from the Direc- The following bill was read the first Plant Health Inspection Service, Department tor of the Regulatory Management Division, of Agriculture, transmitting, pursuant to Environmental Protection Agency, transmit- and the second times by unanimous law, the report of a rule entitled ‘‘Irradiation ting, pursuant to law, the report of a rule en- consent, and referred as indicated: Treatment; Location of Facilities in the titled ‘‘Trinexapac-ethyl; Pesticides Toler- H.R. 3409. An act to limit the authority of Southern United States; Technical Amend- ances’’ (FRL No. 9363–4) received during ad- the Secretary of the Interior to issue regula- ment’’ ((RIN0579–AD35) (Docket No. APHIS– journment of Senate in the Office of the tions before December 31, 2013, under the 2009–0100)) received during adjournment of President of the Senate on October 4, 2012; to Surface Mining Control and Reclamation the Senate in the Office of the President of the Committee on Agriculture, Nutrition, Act of 1977; to the Committee on Environ- the Senate on October 4, 2012; to the Com- and Forestry. ment and Public Works. mittee on Agriculture, Nutrition, and For- EC–7753. A communication from the Direc- tor of the Regulatory Management Division, f estry. EC–7746. A communication from the Acting Environmental Protection Agency, transmit- EXECUTIVE AND OTHER Congressional Review Coordinator, Animal ting, pursuant to law, the report of a rule en- COMMUNICATIONS and Plant Health Inspection Service, Depart- titled ‘‘Glufosinate ammonium; Pesticide ment of Agriculture, transmitting, pursuant Tolerances’’ (FRL No. 9363–6) received during The following communications were to law, the report of a rule entitled ‘‘Agricul- adjournment of Senate in the Office of the laid before the Senate, together with tural Bioterrorism Protection Act of 2002; President of the Senate on September 25, accompanying papers, reports, and doc- Biennial Review and Republication of the 2012; to the Committee on Agriculture, Nu- uments, and were referred as indicated: Select Agent and Toxin List; Amendments to trition, and Forestry.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6738 CONGRESSIONAL RECORD — SENATE November 13, 2012 EC–7754. A communication from the Direc- on the retired list; to the Committee on mitting, pursuant to law, the report of a rule tor of the Regulatory Management Division, Armed Services. entitled ‘‘Temporary Registration as a Mu- Environmental Protection Agency, transmit- EC–7765. A communication from the Assist- nicipal Advisor; Required Amendments; and ting, pursuant to law, the report of a rule en- ant Secretary of the Army (Acquisition, Lo- Withdrawal from Temporary Registration’’ titled ‘‘Sulfentrazone; Pesticide Tolerances’’ gistics and Technology), transmitting, pur- (RIN3235–AK69) received during adjournment (FRL No. 9363–3) received during adjourn- suant to law, a report relative to Army In- of the Senate in the Office of the President ment of Senate in the Office of the President dustrial Facilities Cooperative Activities of the Senate on September 24, 2012; to the of the Senate on September 26, 2012; to the with Non-Army Entities; to the Committee Committee on Banking, Housing, and Urban Committee on Agriculture, Nutrition, and on Armed Services. Affairs. Forestry. EC–7766. A communication from the Under EC–7775. A communication from the Dep- EC–7755. A communication from the Direc- Secretary of Defense (Personnel and Readi- uty Director, Financial Crimes Enforcement tor of the Regulatory Management Division, ness), transmitting the report of two (2) offi- Network, Department of the Treasury, trans- Environmental Protection Agency, transmit- cers authorized to wear the insignia of the mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- grade of brigadier general in accordance with entitled ‘‘Repeal of the Final Rule Imposing titled ‘‘Sulfoxaflor; Pesticide Tolerances for title 10, United States Code, section 777; to Special Measures and Withdrawal of the Emergency Exemptions’’ (FRL No. 9361–4) re- the Committee on Armed Services. Findings of Primary Money Laundering Con- ceived during adjournment of Senate in the EC–7767. A communication from the Under cern Against Myanmar Mayflower Bank and Office of the President of the Senate on Sep- Secretary of Defense (Personnel and Readi- Asia Wealth Bank’’ (RIN1506–AA63) received tember 26, 2012; to the Committee on Agri- ness), transmitting the report of an officer during adjournment of the Senate in the Of- culture, Nutrition, and Forestry. authorized to wear the insignia of the grade fice of the President of the Senate on Sep- EC–7756. A communication from the Direc- of rear admiral in accordance with title 10, tember 26, 2012; to the Committee on Bank- tor of the Regulatory Management Division, United States Code, section 777; to the Com- ing, Housing, and Urban Affairs. Environmental Protection Agency, transmit- mittee on Armed Services. EC–7776. A communication from the Regu- ting, pursuant to law, the report of a rule en- EC–7768. A communication from the Under latory Specialist, Office of the Comptroller titled ‘‘Butylate, Clethodim, Dichlorvos, Secretary of Defense (Personnel and Readi- of the Currency, Department of the Treas- Dicofol, Isopropyl carbanilate, et al.; Toler- ness), transmitting, pursuant to law, a re- ury, transmitting, pursuant to law, the re- ance Actions’’ (FRL No. 9358–8) received dur- port entitled ‘‘Department of Defense Report port of a rule entitled ‘‘Annual Stress Test’’ ing adjournment of Senate in the Office of on Pilot Program for Foreign Language Pro- (RIN1557–AD58) received during adjournment the President of the Senate on September 26, ficiency Training for Reserve Members’’; to of the Senate in the Office of the President 2012; to the Committee on Agriculture, Nu- the Committee on Armed Services. of the Senate on October 9, 2012; to the Com- trition, and Forestry. EC–7769. A communication from the Chief mittee on Banking, Housing, and Urban Af- EC–7757. A communication from the Direc- Counsel, Federal Emergency Management fairs. tor of the Regulatory Management Division, Agency, Department of Homeland Security, EC–7777. A communication from the Regu- Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of latory Specialist, Office of the Comptroller ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Suspension of Community of the Currency, Department of the Treas- titled ‘‘Buprofezin; Pesticide Tolerances’’ Eligibility’’ ((44 CFR Part 64) (Docket No. ury, transmitting, pursuant to law, the re- (FRL No. 9364–9) received during adjourn- FEMA–2012–0003)) received during adjourn- port of a rule entitled ‘‘Short-term Invest- ment of Senate in the Office of the President ment of the Senate in the Office of the Presi- ment Funds’’ (RIN1557–AD37) received during of the Senate on October 16, 2012; to the Com- dent of the Senate on October 4, 2012; to the adjournment of the Senate in the Office of mittee on Agriculture, Nutrition, and For- Committee on Banking, Housing, and Urban the President of the Senate on October 9, estry. Affairs. 2012; to the Committee on Banking, Housing, EC–7758. A communication from the Under EC–7770. A communication from the Chief and Urban Affairs. Secretary of Defense (Comptroller), trans- Counsel, Federal Emergency Management EC–7778. A communication from the Assist- mitting, pursuant to law, an addendum to Agency, Department of Homeland Security, ant to the Board of Governors of the Federal the Antideficiency Act violation report on transmitting, pursuant to law, the report of Reserve System, transmitting, pursuant to United States Special Operations Command a rule entitled ‘‘Changes in Flood Elevation law, the report of a rule entitled ‘‘Risk- case number 09–02; to the Committee on Ap- Determinations’’ ((44 CFR Part 65) (Docket Based Capital Guidelines: Market Risk’’ propriations. No. FEMA–2012–0003)) received during ad- (RIN7100–AD61 and FRB Docket No. R–1401) EC–7759. A communication from the Under journment of the Senate in the Office of the received during adjournment of the Senate Secretary of Defense (Comptroller), trans- President of the Senate on October 4, 2012; to in the Office of the President of the Senate mitting, pursuant to law, an addendum to the Committee on Banking, Housing, and on October 12, 2012; to the Committee on the Army Antideficiency Act violation re- Urban Affairs. Banking, Housing, and Urban Affairs. port on Army case number 10–02; to the Com- EC–7771. A communication from the Chief EC–7779. A communication from the Presi- mittee on Appropriations. Counsel, Federal Emergency Management dent of the United States, transmitting, pur- EC–7760. A communication from the Presi- Agency, Department of Homeland Security, suant to law, a six-month periodic report on dent of the United States, transmitting, pur- transmitting, pursuant to law, the report of the national emergency with respect to Iran suant to law, a report relative to the des- a rule entitled ‘‘Suspension of Community as declared in Executive Order 12957; to the ignation of funding for Overseas Contingency Eligibility’’ ((44 CFR Part 64) (Docket No. Committee on Banking, Housing, and Urban Operations/Global War on Terrorism; to the FEMA–2012–0003)) received during adjourn- Affairs. Committee on Appropriations. ment of the Senate in the Office of the Presi- EC–7780. A communication from the Chair- EC–7761. A communication from the Under dent of the Senate on October 4, 2012; to the man and President of the Export-Import Secretary of Defense (Personnel and Readi- Committee on Banking, Housing, and Urban Bank, transmitting, pursuant to law, a re- ness), transmitting a report on the approved Affairs. port relative to a transaction involving U.S. retirement of Admiral Kirkland H. Donald, EC–7772. A communication from the Chief exports to Russia; to the Committee on United States Navy, and his advancement to Counsel, Federal Emergency Management Banking, Housing, and Urban Affairs. the grade of admiral on the retired list; to Agency, Department of Homeland Security, EC–7781. A communication from the Chair- the Committee on Armed Services. transmitting, pursuant to law, the report of man and President of the Export-Import EC–7762. A communication from the Under a rule entitled ‘‘Suspension of Community Bank, transmitting, pursuant to law, a re- Secretary of Defense (Personnel and Readi- Eligibility’’ ((44 CFR Part 64) (Docket No. port relative to a transaction involving U.S. ness), transmitting a report on the approved FEMA–2012–0003)) received during adjourn- exports to India; to the Committee on Bank- retirement of General Raymond E. Johns, ment of the Senate in the Office of the Presi- ing, Housing, and Urban Affairs. Jr., United States Air Force, and his ad- dent of the Senate on October 16, 2012; to the EC–7782. A communication from the Chair- vancement to the grade of general on the re- Committee on Banking, Housing, and Urban man and President of the Export-Import tired list; to the Committee on Armed Serv- Affairs. Bank, transmitting, pursuant to law, a re- ices. EC–7773. A communication from the Assist- port relative to transactions involving U.S. EC–7763. A communication from the Under ant Secretary for Export Administration, exports to Hong Kong; to the Committee on Secretary of Defense (Personnel and Readi- Bureau of Industry and Security, Depart- Banking, Housing, and Urban Affairs. ness), transmitting a report on the approved ment of Commerce, transmitting, pursuant EC–7783. A communication from the Dep- retirement of General Douglas M. Fraser, to law, the report of a rule entitled ‘‘Addi- uty Secretary of the Treasury, transmitting, United States Air Force, and his advance- tion of Certain Persons to the Entity List’’ pursuant to law, a notice of the continuation ment to the grade of general on the retired (RIN0694–AF77) received during adjournment of the national emergency with respect to list; to the Committee on Armed Services. of the Senate in the Office of the President Somalia that was declared in Executive EC–7764. A communication from the Under of the Senate on October 3, 2012; to the Com- Order 13536 of April 12, 2010; to the Com- Secretary of Defense (Personnel and Readi- mittee on Banking, Housing, and Urban Af- mittee on Banking, Housing, and Urban Af- ness), transmitting a report on the approved fairs. fairs. retirement of Lieutenant General Mark P. EC–7774. A communication from the Sec- EC–7784. A communication from the Dep- Hertling, United States Army, and his ad- retary, Division of Trading and Markets, Se- uty Secretary of the Treasury, transmitting, vancement to the grade of lieutenant general curities and Exchange Commission, trans- pursuant to law, a six-month periodic report

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6739 on the national emergency with respect to Commission, transmitting, pursuant to law, Quality Implementation Plans; Delaware; Iran that was declared in Executive Order the report of a rule entitled ‘‘Revision to Requirements for Prevention of Significant 12170 on November 14, 1979; to the Committee Form No. 6’’ (RIN1902–AE37) received during Deterioration and Nonattainment New on Banking, Housing, and Urban Affairs. adjournment of the Senate in the Office of Source Review; Fine Particulate Matter EC–7785. A communication from the Sec- the President of the Senate on October 4, (PM2.5)’’ (FRL No. 9735–7) received during ad- retary of the Treasury, transmitting, pursu- 2012; to the Committee on Energy and Nat- journment of the Senate in the Office of the ant to law, a report relative to the continu- ural Resources. President of the Senate on September 28, ation of the national emergency relative to EC–7795. A communication from the Direc- 2012; to the Committee on Environment and the actions and policies of the Government tor of Congressional Affairs, Office of Nu- Public Works. of Sudan as declared in Executive Order 13067 clear Reactor Regulation, Nuclear Regu- EC–7802. A communication from the Direc- of November 3, 1997; to the Committee on latory Commission, transmitting, pursuant tor of the Regulatory Management Division, Banking, Housing, and Urban Affairs. to law, the report of a rule entitled ‘‘Design, Environmental Protection Agency, transmit- EC–7786. A communication from the Sec- Inspection, and Testing Criteria for Air Fil- ting, pursuant to law, the report of a rule en- retary of the Treasury, transmitting, pursu- tration and Adsorption Units of Post-acci- titled ‘‘Approval and Promulgation of Imple- ant to law, a six-month report on the na- dent Engineered-Safety-Feature Atmosphere mentation Plans; Vermont: Prevention of tional emergency that was originally de- Cleanup in Light-Water-Cooled Nuclear Significant Deterioration; Greenhouse Gas clared in Executive Order 13159 relative to Power Plants’’ (Regulatory Guide 1.52) re- Permitting Authority and Tailoring Rule’’ the risk of nuclear proliferation created by ceived during adjournment of the Senate in (FRL No. 9736–5) received during adjourn- the accumulation of weapons-usable fissile the Office of the President of the Senate on ment of the Senate in the Office of the Presi- material in the territory of the Russian Fed- October 5, 2012; to the Committee on Envi- dent of the Senate on September 28, 2012; to eration; to the Committee on Banking, Hous- ronment and Public Works. the Committee on Environment and Public ing, and Urban Affairs. EC–7796. A communication from the Direc- Works. EC–7787. A communication from the Sec- tor of Congressional Affairs, Office of Nu- EC–7803. A communication from the Direc- retary of the Treasury, transmitting, pursu- clear Reactor Regulation, Nuclear Regu- tor of the Regulatory Management Division, ant to law, a report on the continuation of latory Commission, transmitting, pursuant Environmental Protection Agency, transmit- the national emergency declared in Execu- to law, the report of a rule entitled ‘‘With- ting, pursuant to law, the report of a rule en- tive Order 13413 with respect to blocking the drawal of Regulatory Guide 5.67, ‘Material titled ‘‘Approval and Promulgation of Air property of persons contributing to the con- Control and Accounting for Uranium Enrich- Quality Implementation Plans; Virginia; The flict taking place in the Democratic Repub- ment Facilities Authorized to Produce Spe- 2002 Base Year Emissions Inventory for the lic of the Congo; to the Committee on Bank- cial Nuclear Material of Low Strategic Sig- Washington DC-MD-VA Nonattainment Area ing, Housing, and Urban Affairs. nificance’’’ received during adjournment of for the 1997 Fine Particulate Matter Na- EC–7788. A communication from the Sec- the Senate in the Office of the President of tional Ambient Air Quality Standard’’ (FRL retary of the Treasury, transmitting, pursu- the Senate on October 5, 2012; to the Com- No. 9735–5) received during adjournment of ant to law, the Office of Financial Research’s mittee on Environment and Public Works. the Senate in the Office of the President of annual report on activities of the office to EC–7797. A communication from the Direc- the Senate on September 28, 2012; to the date; to the Committee on Banking, Hous- tor of Congressional Affairs, Office of Nu- Committee on Environment and Public ing, and Urban Affairs. clear Reactor Regulation, Nuclear Regu- Works. EC–7789. A communication from the Presi- EC–7804. A communication from the Direc- dent and Chief Executive Officer, Federal latory Commission, transmitting, pursuant tor of the Regulatory Management Division, Home Loan Bank of Pittsburgh, transmit- to law, the report of a rule entitled ‘‘NRC Environmental Protection Agency, transmit- ting, pursuant to law, the Bank’s 2011 State- Staff Position on Dispositioning Boiling- ting, pursuant to law, the report of a rule en- ment on System of Internal Controls, au- Water Reactor Licensee Noncompliance with titled ‘‘Idaho: Incorporation by Reference of dited financial statements, and Report of Technical Specification Requirements Dur- Approved State Hazardous Waste Manage- Independent Auditors on Internal Control ing Operations with a Potential for Draining ment Program’’ (FRL No. 9707–1) received over Financial Reporting and on Compliance the Reactor Vessel’’ (RIS 2012–11) received during adjournment of the Senate in the Of- and Other Matters Based on an Audit of Fi- during adjournment of the Senate in the Of- nancial Statements Performed in Accord- fice of the President of the Senate on Octo- fice of the President of the Senate on Sep- ance with Government Auditing Standards; ber 5, 2012; to the Committee on Environ- tember 28, 2012; to the Committee on Envi- to the Committee on Banking, Housing, and ment and Public Works. ronment and Public Works. EC–7805. A communication from the Direc- Urban Affairs. EC–7798. A communication from the Direc- EC–7790. A communication from the Sec- tor of the Regulatory Management Division, tor of the Regulatory Management Division, retary of Energy, transmitting, pursuant to Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- law, the Department of Energy’s Office of Ci- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- vilian Radioactive Waste Management’s An- titled ‘‘Approval and Promulgation of State titled ‘‘Approval and Promulgation of Imple- nual Financial Reports for the years ending Implementation Plans; Oregon’’ (FRL No. mentation Plans; State of Arizona; Preven- September 30, 2010 and 2011; to the Com- 9722–2) received during adjournment of Sen- tion of Air Pollution Emergency Episodes’’ mittee on Energy and Natural Resources. ate in the Office of the President of the Sen- (FRL No. 9713–4) received during adjourn- EC–7791. A communication from the Assist- ate on September 28, 2012; to the Committee ment of the Senate in the Office of the Presi- ant Secretary of Energy (Energy Efficiency on Environment and Public Works. dent of the Senate on October 4, 2012; to the and Renewable Energy), transmitting, pursu- EC–7799. A communication from the Direc- Committee on Environment and Public ant to law, the Department’s status report tor of the Regulatory Management Division, Works. on its rulemaking under section 133 of the Environmental Protection Agency, transmit- EC–7806. A communication from the Direc- Energy Independence and Security Act of ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, 2007; to the Committee on Energy and Nat- titled ‘‘Regulation of Fuels and Fuel Addi- Environmental Protection Agency, transmit- ural Resources. tives: Modifications to Renewable Fuel ting, pursuant to law, the report of a rule en- EC–7792. A communication from the Prin- Standard and Diesel Sulfur Programs’’ (FRL titled ‘‘Partial Approval and Partial Dis- cipal Deputy Assistant Secretary for Fish No. 9733–3) received during adjournment of approval of Air Quality Implementation and Wildlife and Parks, National Park Serv- Senate in the Office of the President of the Plans for Florida, Mississippi, and South ice, Department of the Interior, transmit- Senate on September 28, 2012; to the Com- Carolina; Section 110(a) (2) (D) (i) (I) Trans- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. port Requirements for the 2006 24-Hour Fine titled ‘‘Special Regulations; Areas of the Na- EC–7800. A communication from the Direc- Particulate Matter National Ambient Air tional Park System, Saguaro National Park, tor of the Regulatory Management Division, Quality Standards’’ (FRL No. 9738–9) re- Bicycling’’ (RIN1024–AE08) received during Environmental Protection Agency, transmit- ceived during adjournment of the Senate in adjournment of the Senate in the Office of ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on the President of the Senate on October 3, titled ‘‘Approval and Promulgation of Imple- October 4, 2012; to the Committee on Envi- 2012; to the Committee on Energy and Nat- mentation Plans; Kentucky; Approval of Re- ronment and Public Works. ural Resources. visions to the Jefferson County Portion of EC–7807. A communication from the Direc- EC–7793. A communication from the Gen- the Kentucky SIP; New Source Review; Pre- tor of the Regulatory Management Division, eral Counsel, Federal Energy Regulatory vention of Significant Deterioration’’ (FRL Environmental Protection Agency, transmit- Commission, transmitting, pursuant to law, No. 9734–7) received during adjournment of ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Electricity the Senate in the Office of the President of titled ‘‘Approval and Promulgation of Imple- Market Transparency Provisions of Section the Senate on September 28, 2012; to the mentation Plans; Mississippi; 110(a) (1) and 220 of the Federal Power Act’’ (RIN1902– Committee on Environment and Public (2) Infrastructure Requirements for the 1997 AD96) received during adjournment of the Works. and 2006 Fine Particulate Matter National Senate in the Office of the President of the EC–7801. A communication from the Direc- Ambient Air Quality Standards’’ (FRL No. Senate on October 3, 2012; to the Committee tor of the Regulatory Management Division, 9738–7) received during adjournment of the on Energy and Natural Resources. Environmental Protection Agency, transmit- Senate in the Office of the President of the EC–7794. A communication from the Gen- ting, pursuant to law, the report of a rule en- Senate on October 4, 2012; to the Committee eral Counsel, Federal Energy Regulatory titled ‘‘Approval and Promulgation of Air on Environment and Public Works.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6740 CONGRESSIONAL RECORD — SENATE November 13, 2012 EC–7808. A communication from the Direc- the President of the Senate on October 10, ceived during adjournment of the Senate in tor of the Regulatory Management Division, 2012; to the Committee on Environment and the Office of the President of the Senate on Environmental Protection Agency, transmit- Public Works. September 26, 2012; to the Committee on En- ting, pursuant to law, the report of a rule en- EC–7815. A communication from the Chief vironment and Public Works. titled ‘‘Approval and Promulgation of Air of the Listing Branch, Fish and Wildlife EC–7822. A communication from the Wild- Quality Implementation Plans; Maryland; Service, Department of the Interior, trans- life Biologist, Fish and Wildlife Service, De- The 2002 Base Year Emissions Inventory for mitting, pursuant to law, the report of a rule partment of the Interior, transmitting, pur- the Washington DC-MD-VA Nonattainment entitled ‘‘Endangered and Threatened Wild- suant to law, the report of a rule entitled Area for the 1997 Fine Particulate Matter life and Plants; Determination of Endan- ‘‘Migratory Bird Hunting: Final Frameworks National Ambient Air Quality Standard’’ gered Species Status for the Alabama for Late-Season Migratory Bird Hunting (FRL No. 9735–6) received during adjourn- Pearlshell, Round Ebonyshell, Southern Regulations’’ (RIN1018–AX97) received during ment of the Senate in the Office of the Presi- Kidneyshell, and Choctaw Bean, and Threat- adjournment of the Senate in the Office of dent of the Senate on October 4, 2012; to the ened Species Status for the Tapered Pigtoe, the President of the Senate on September 26, Committee on Environment and Public Narrow Pigtoe, Southern Sandshell, and 2012; to the Committee on Environment and Works. Fuzzy Pigtoe, and Designation of Critical Public Works. EC–7809. A communication from the Direc- Habitat’’ (RIN1018–AW92) received during ad- EC–7823. A communication from the Divi- tor of the Regulatory Management Division, journment of the Senate in the Office of the sion Chief of Regulatory Affairs, Bureau of Environmental Protection Agency, transmit- President of the Senate on October 10, 2012; Land Management, Department of the Inte- ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- rior, transmitting, pursuant to law, the re- titled ‘‘Approval and Promulgation of Imple- lic Works. port of a rule entitled ‘‘Minerals Manage- mentation Plans; Mississippi; 110(a) (2) (G) EC–7816. A communication from the Chief ment: Adjustments of Cost Recovery Fees’’ Infrastructure Requirement for the 1997 and of the Listing Branch, Fish and Wildlife (RIN1004–AE29) received during adjournment 2006 Fine Particulate Matter National Ambi- Service, Department of the Interior, trans- of the Senate in the Office of the President ent Air Quality Standards’’ (FRL No. 9738–6) mitting, pursuant to law, the report of a rule of the Senate on September 26, 2012; to the received during adjournment of the Senate entitled ‘‘Endangered and Threatened Wild- Committee on Environment and Public in the Office of the President of the Senate life and Plants; Determination of Endan- Works. on October 4, 2012; to the Committee on En- gered Species Status for Coqui Llanero EC–7824. A communication from the Direc- vironment and Public Works. Throughout Its Range and Designation of tor of Congressional Affairs, Nuclear Regu- EC–7810. A communication from the Direc- Critical Habitat’’ (RIN1018–AX68) received latory Commission, transmitting, pursuant tor of the Regulatory Management Division, during adjournment of the Senate in the Of- to law, the report of a rule entitled Environmental Protection Agency, transmit- fice of the President of the Senate on Octo- ‘‘Preoperational Testing of Instrument and ting, pursuant to law, the report of a rule en- ber 10, 2012; to the Committee on Environ- Control Air Systems’’ (Regulatory Guide titled ‘‘Approval and Promulgation of Air ment and Public Works. 1.68.3) received during adjournment of the Quality Implementation Plans; Pennsyl- EC–7817. A communication from the Wild- Senate in the Office of the President of the vania; Streamlining Amendments to the life Biologist, Fish and Wildlife Service, De- Senate on September 24, 2012; to the Com- Plan Approval Regulations’’ (FRL No. 9738–1) partment of the Interior, transmitting, pur- mittee on Environment and Public Works. EC–7825. A communication from the Direc- received during adjournment of the Senate suant to law, the report of a rule entitled tor of Congressional Affairs, Nuclear Regu- in the Office of the President of the Senate ‘‘Migratory Bird Hunting: Late Seasons and latory Commission, transmitting, pursuant on October 4, 2012; to the Committee on En- Bag and Possession Limits for Certain Mi- to law, the report of a rule entitled ‘‘Com- vironment and Public Works. gratory Game Birds’’ (RIN1018–AX97) re- bining Modal Responses and Spatial Compo- EC–7811. A communication from the Direc- ceived during adjournment of the Senate in nents in Seismic Response Analysis’’ (Regu- tor of the Regulatory Management Division, the Office of the President of the Senate on latory Guide 1.92, Revision 3) received during Environmental Protection Agency, transmit- September 26, 2012; to the Committee on En- adjournment of the Senate in the Office of ting, pursuant to law, the report of a rule en- vironment and Public Works. the President of the Senate on September 25, titled ‘‘Approval and Promulgation of Air EC–7818. A communication from the Wild- 2012; to the Committee on Environment and Quality Implementation Plans; Delaware; life Biologist, Fish and Wildlife Service, De- Public Works. Attainment Demonstration for the 1997 8- partment of the Interior, transmitting, pur- EC–7826. A communication from the Direc- Hour Ozone National Ambient Air Quality suant to law, the report of a rule entitled tor of the Regulatory Management Division, Standard for the Philadelphia-Wilmington- ‘‘Migratory Bird Hunting: Final Frameworks Environmental Protection Agency, transmit- Atlantic City Moderate Nonattainment for Early-Season Migratory Bird Hunting ting, pursuant to law, the report of a rule en- Area’’ (FRL No. 9737–9) received during ad- Regulations’’ (RIN1018–AX97) received during titled ‘‘Significant New Use Rules on Certain journment of the Senate in the Office of the adjournment of the Senate in the Office of Chemical Substances’’ (FRL No. 9764–5) re- President of the Senate on October 4, 2012; to the President of the Senate on September 26, ceived during adjournment of the Senate in the Committee on Environment and Public 2012; to the Committee on Environment and the Office of the President of the Senate on Works. Public Works. September 28, 2012; to the Committee on En- EC–7812. A communication from the Direc- EC–7819. A communication from the Wild- vironment and Public Works. tor of the Regulatory Management Division, life Biologist, Fish and Wildlife Service, De- EC–7827. A communication from the Direc- Environmental Protection Agency, transmit- partment of the Interior, transmitting, pur- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled Environmental Protection Agency, transmit- titled ‘‘Air Quality Implementation Plans; ‘‘Migratory Bird Hunting: Migratory Bird ting, pursuant to law, the report of a rule en- Alabama; Attainment Plan for the Alabama Hunting Regulations on Certain Federal In- titled ‘‘Approval and Promulgation of Air Portion of the Chattanooga 1997 Annual dian Reservations and Ceded Lands for the Quality Implementation Plans; Delaware; PM2.5 Nonattainment Area’’ (FRL No. 9737– 2012–13 Early Season’’ (RIN1018–AX97) re- Control Technique Guidelines for Plastic 8) received during adjournment of the Senate ceived during adjournment of the Senate in Parts, Metal Furniture, Large Appliances, in the Office of the President of the Senate the Office of the President of the Senate on and Miscellaneous Metal Parts’’ (FRL No. on October 4, 2012; to the Committee on En- September 26, 2012; to the Committee on En- 9731–8) received during adjournment of the vironment and Public Works. vironment and Public Works. Senate in the Office of the President of the EC–7813. A communication from the Direc- EC–7820. A communication from the Wild- Senate on September 25, 2012; to the Com- tor of the Regulatory Management Division, life Biologist, Fish and Wildlife Service, De- mittee on Environment and Public Works. Environmental Protection Agency, transmit- partment of the Interior, transmitting, pur- EC–7828. A communication from the Direc- ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled tor of the Regulatory Management Division, titled ‘‘Revision to the Nevada State Imple- ‘‘Migratory Bird Hunting: Early Seasons and Environmental Protection Agency, transmit- mentation Plan, Washoe County Air Quality Bag and Possession Limits for Certain Mi- ting, pursuant to law, the report of a rule en- District’’ (FRL No. 9736–8) received during gratory Game Birds in the Contiguous titled ‘‘Approval and Promulgation of Imple- adjournment of the Senate in the Office of United States, Alaska, Hawaii, Puerto Rico, mentation Plans; North Carolina: Approval the President of the Senate on October 4, and the Virgin Islands’’ (RIN1018–AX97) re- of Rocky Mount Motor Vehicle Emissions 2012; to the Committee on Environment and ceived during adjournment of the Senate in Budget Update’’ (FRL No. 9732–7) received Public Works. the Office of the President of the Senate on during adjournment of the Senate in the Of- EC–7814. A communication from the Chief September 26, 2012; to the Committee on En- fice of the President of the Senate on Sep- of the Listing Branch, Fish and Wildlife vironment and Public Works. tember 25, 2012; to the Committee on Envi- Service, Department of the Interior, trans- EC–7821. A communication from the Wild- ronment and Public Works. mitting, pursuant to law, the report of a rule life Biologist, Fish and Wildlife Service, De- EC–7829. A communication from the Direc- entitled ‘‘Endangered and Threatened Wild- partment of the Interior, transmitting, pur- tor of the Regulatory Management Division, life and Plants; Designation of Critical Habi- suant to law, the report of a rule entitled Environmental Protection Agency, transmit- tat for the Cumberland Darter, Rush Darter, ‘‘Migratory Bird Hunting: Migratory Bird ting, pursuant to law, the report of a rule en- Yellowcheek Darter, Chucky Madtom, and Hunting Regulations on Certain Federal In- titled ‘‘Approval and Promulgation of Imple- Laurel Dace’’ (RIN1018–AX76) received during dian Reservations and Ceded Lands for the mentation Plans; Florida 110(a) (1) and (2) In- adjournment of the Senate in the Office of 2012–13 Late Season’’ (RIN1018–AX97) re- frastructure Requirements for the 1997 and

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6741 2006 Fine Particulate Matter National Ambi- Committee on Environment and Public Infrastructure Requirements for the 1997 and ent Air Quality Standards’’ (FRL No. 9734–6) Works. 2006 Fine Particulate Matter National Ambi- received during adjournment of the Senate EC–7837. A communication from the Direc- ent Air Quality Standards’’ (FRL No. 9739–1) in the Office of the President of the Senate tor of the Regulatory Management Division, received during adjournment of the Senate on September 26, 2012; to the Committee on Environmental Protection Agency, transmit- in the Office of the President of the Senate Environment and Public Works. ting, pursuant to law, the report of a rule en- on October 16, 2012; to the Committee on En- EC–7830. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- vironment and Public Works. tor of the Regulatory Management Division, mentation Plans; North Carolina Portion of EC–7844. A communication from the Direc- Environmental Protection Agency, transmit- the Charlotte-Gastonia-Rock Hill, North tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Carolina-North Carolina 1997 8-Hour Ozone Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- Nonattainment Area; Reasonable Further ting, pursuant to law, the report of a rule en- mentation Plans; Alabama 110(a) (1) and (2) Progress Plan’’ (FRL No. 9741–2) received titled ‘‘Approval and Promulgation of Imple- Infrastructure Requirements for the 1997 and during adjournment of the Senate in the Of- mentation Plans; North Dakota: Prevention 2006 Fine Particulate Matter National Ambi- fice of the President of the Senate on Octo- of Significant Deterioration; Greenhouse Gas ent Air Quality Standards’’ (FRL No. 9734–5) ber 11, 2012; to the Committee on Environ- Permitting Authority and Tailoring Rule; received during adjournment of the Senate ment and Public Works. PM2.5 NSR Implementation Rule’’ (FRL No. in the Office of the President of the Senate EC–7838. A communication from the Direc- 9742–3) received during adjournment of the on September 26, 2012; to the Committee on tor of the Regulatory Management Division, Senate in the Office of the President of the Environment and Public Works. Environmental Protection Agency, transmit- Senate on October 16, 2012; to the Committee EC–7831. A communication from the Direc- ting, pursuant to law, the report of a rule en- on Environment and Public Works. tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Imple- EC–7845. A communication from the Direc- Environmental Protection Agency, transmit- mentation Plans; Alabama; Disapproval of tor of the Regulatory Management Division, Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- 110(a)(2)(E)(ii) Infrastructure Requirement ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- for the 1997 and 2006 Fine Particulate Matter titled ‘‘Approval and Promulgation of Air mentation Plans; Kentucky 110(a) (1) and (2) National Ambient Air Quality Standards’’ Quality Implementation Plans; West Vir- Infrastructure Requirements for the 1997 and (FRL No. 9739–3) received during adjourn- ginia; Prevention of Significant Deteriora- 2006 Fine Particulate Matter National Ambi- ment of the Senate in the Office of the Presi- tion’’ (FRL No. 9738–2) received during ad- ent Air Quality Standards’’ (FRL No. 9734–4) dent of the Senate on October 11, 2012; to the journment of the Senate in the Office of the received during adjournment of the Senate Committee on Environment and Public President of the Senate on October 16, 2012; in the Office of the President of the Senate Works. to the Committee on Environment and Pub- on September 26, 2012; to the Committee on EC–7839. A communication from the Direc- lic Works. Environment and Public Works. tor of the Regulatory Management Division, EC–7846. A communication from the Direc- EC–7832. A communication from the Direc- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- mentation Plans; Portion of York County, titled ‘‘Approval and Promulgation of Imple- titled ‘‘Approval and Promulgation of Air South Carolina Within Charlotte-Gastonia- mentation Plans; Alaska: Infrastructure Re- Quality Implementation Plans; Ohio; PBR Rock Hill, North Carolina-South Carolina quirements for the 1997 8-Hour Ozone Na- and PTIO’’ (FRL No. 97) received during ad- 1997 8-Hour Ozone Nonattainment Area; Rea- tional Ambient Air Quality Standard’’ (FRL journment of the Senate in the Office of the sonable Further Progress Plan’’ (FRL No. No. 9701–5) received during adjournment of President of the Senate on September 26, 9740–9) received during adjournment of the the Senate in the Office of the President of 2012; to the Committee on Environment and Senate in the Office of the President of the the Senate on October 16, 2012; to the Com- Public Works. Senate on October 11, 2012; to the Committee mittee on Environment and Public Works. EC–7833. A communication from the Direc- on Environment and Public Works. EC–7847. A communication from the Direc- tor of the Regulatory Management Division, EC–7840. A communication from the Direc- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- titled ‘‘Revisions to the California State Im- mentation Plans; Georgia; Control Tech- titled ‘‘Approval and Promulgation of Imple- plementation Plan, San Joaquin Valley Uni- niques Guidelines and Reasonably Available mentation Plans; North Carolina 110(a) (1) fied Air Pollution Control District’’ (FRL Control Technology’’ (FRL No. 9732–2) re- and (2) Infrastructure Requirements for the No. 9732–5) received during adjournment of ceived during adjournment of the Senate in 1997 and 2006 Fine Particulate Matter Na- the Senate in the Office of the President of the Office of the President of the Senate on tional Ambient Air Quality Standards’’ (FRL the Senate on October 16, 2012; to the Com- September 26, 2012; to the Committee on En- No. 9739–2) received during adjournment of mittee on Environment and Public Works. vironment and Public Works. the Senate in the Office of the President of EC–7848. A communication from the Direc- EC–7834. A communication from the Assist- the Senate on October 11, 2012; to the Com- tor of the Regulatory Management Division, ant Secretary of the Army (Civil Works), mittee on Environment and Public Works. Environmental Protection Agency, transmit- transmitting, pursuant to law, a report list- EC–7841. A communication from the Direc- ting, pursuant to law, the report of a rule en- ing unconstructed projects, or unconstructed tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air separable elements of projects, that have Environmental Protection Agency, transmit- Quality Implementation Plans; Illinois; been authorized but for which no funds have ting, pursuant to law, the report of a rule en- Greif Packaging, LLC Adjusted Standard’’ been obligated for planning, design, or con- titled ‘‘Approval and Promulgation of Air (FRL No. 9733–6) received during adjourn- struction during the preceding five full fiscal Quality Implementation Plans; Connecticut, ment of the Senate in the Office of the Presi- years; to the Committee on Environment Maine, Massachusetts, New Hampshire; In- dent of the Senate on October 16, 2012; to the Committee on Environment and Public and Public Works. frastructure SIPs for the 1997 and 2006 Fine EC–7835. A communication from the Direc- Works. Particulate Matter Standards’’ (FRL No. EC–7849. A communication from the Direc- tor of the Regulatory Management Division, 9740–1) received during adjournment of the tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Senate in the Office of the President of the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Senate on October 11, 2012; to the Committee ting, pursuant to law, the report of a rule en- titled ‘‘Revisions to the California State Im- on Environment and Public Works. titled ‘‘Partial Approval and Partial Dis- plementation Plan, Sacramento Metropoli- EC–7842. A communication from the Direc- approval of Air Quality State Implementa- tan Air Quality Management District’’ (FRL tor of the Regulatory Management Division, tion Plans; Nevada; Infrastructure Require- No. 9740–7) received during adjournment of Environmental Protection Agency, transmit- ments for Ozone and Fine Particulate Mat- the Senate in the Office of the President of ting, pursuant to law, the report of a rule en- ter’’ (FRL No. 9739–8) received during ad- the Senate on October 11, 2012; to the Com- titled ‘‘Determination of Attainment of the journment of the Senate in the Office of the mittee on Environment and Public Works. 1-Hour Ozone National Ambient Air Quality President of the Senate on October 16, 2012; EC–7836. A communication from the Direc- Standards in the Sacramento Metro Non- to the Committee on Environment and Pub- tor of the Regulatory Management Division, attainment Area in California’’ (FRL No. lic Works. Environmental Protection Agency, transmit- 9741–8) received during adjournment of the EC–7850. A communication from the Direc- ting, pursuant to law, the report of a rule en- Senate in the Office of the President of the tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air Senate on October 16, 2012; to the Committee Environmental Protection Agency, transmit- Quality Implementation Plans; Pennsyl- on Environment and Public Works. ting, pursuant to law, the report of a rule en- vania; Pittsburgh-Beaver Valley Nonattain- EC–7843. A communication from the Direc- titled ‘‘Limited Approval and Disapproval of ment Area Determinations of Attainment of tor of the Regulatory Management Division, Air Quality Implementation Plans; Nevada; the 1997 Annual Fine Particulate Standard’’ Environmental Protection Agency, transmit- Clark County; Stationary Source Permits’’ (FRL No. 9738–3) received during adjourn- ting, pursuant to law, the report of a rule en- (FRL No. 9740–3) received during adjourn- ment of the Senate in the Office of the Presi- titled ‘‘Approval and Promulgation of Imple- ment of the Senate in the Office of the Presi- dent of the Senate on October 11, 2012; to the mentation Plans; Georgia 110(a) (1) and (2) dent of the Senate on October 16, 2012; to the

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6742 CONGRESSIONAL RECORD — SENATE November 13, 2012 Committee on Environment and Public EC–7860. A communication from the Assist- trol Act (Transmittal No. DDTC 12–132); to Works. ant Secretary, Bureau of Legislative Affairs, the Committee on Foreign Relations. EC–7851. A communication from the Chief Department of State, transmitting, pursuant EC–7872. A communication from the Sec- of the Publications and Regulations Branch, to law, a report entitled ‘‘Operation of the retary of Labor, transmitting, pursuant to Internal Revenue Service, Department of the Enterprise for the Americas Initiative and law, a report entitled ‘‘The Department of Treasury, transmitting, pursuant to law, the the Tropical Forest Conservation Act 2011 Labor’s 2011 Findings on the Worst Forms of report of a rule entitled ‘‘Applicable Federal Annual Report to Congress’’; to the Com- Child Labor’’; to the Committee on Health, Rates—October 2012’’ (Rev. Rul. 2012–28) re- mittee on Foreign Relations. Education, Labor, and Pensions. ceived during adjournment of the Senate in EC–7861. A communication from the Assist- EC–7873. A communication from the Sec- the Office of the President of the Senate on ant Secretary, Legislative Affairs, Depart- retary of Labor, transmitting, pursuant to September 26, 2012; to the Committee on Fi- ment of State, transmitting, pursuant to law, a report entitled ‘‘List of Goods Pro- nance. law, a report consistent with the Authoriza- duced by Child Labor or Forced Labor’’; to EC–7852. A communication from the Chief tion for Use of Military Force Against Iraq the Committee on Health, Education, Labor, of the Publications and Regulations Branch, Resolution of 1002 (P.L. 107–243) and the Au- and Pensions. Internal Revenue Service, Department of the thorization for the Use of Force Against Iraq EC–7874. A communication from the Chair- Treasury, transmitting, pursuant to law, the Resolution (P.L. 102–1) for the April 26, 2012 man of the National Health Care Workforce report of a rule entitled ‘‘Extension of Im- through June 24, 2012 reporting period; to the Commission, transmitting, a report relative port Restrictions on Archaeological and Eth- Committee on Foreign Relations. to the status of the Commission; to the Com- nological Materials from Guatemala’’ EC–7862. A communication from the Assist- mittee on Health, Education, Labor, and (RIN1515–AD92) received during adjournment ant Secretary, Legislative Affairs, Depart- Pensions. EC–7875. A communication from the Assist- of the Senate in the Office of the President ment of State, transmitting, pursuant to ant Secretary for Special Education and Re- of the Senate on September 27, 2012; to the law, a report relative to the Secretary of habilitative Services, Department of Edu- Committee on Finance. State’s convening of an Accountability Re- cation, transmitting, pursuant to law, the EC–7853. A communication from the Chief view Board regarding Benghazi, Libya; to the report of a rule entitled ‘‘Final Priorities of the Publications and Regulations Branch, Committee on Foreign Relations. Internal Revenue Service, Department of the EC–7863. A communication from the Assist- and Definitions; State Personnel Develop- ment Grants’’ (CFDA No. 84.323A) received Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- during adjournment of the Senate in the Of- report of a rule entitled ‘‘Extension of Re- ment of State, transmitting, certification of fice of the President of the Senate on Octo- placement Period for Livestock Sold on Ac- proposed issuance of an export license pursu- ber 9, 2012; to the Committee on Health, Edu- count of Drought in Specified Counties’’ (No- ant to section 36(c) of the Arms Export Con- cation, Labor, and Pensions. tice 2012–62) received during adjournment of trol Act (Transmittal No. DDTC 12–098); to the Senate in the Office of the President of EC–7876. A communication from the Assist- the Committee on Foreign Relations. ant Secretary for Special Education and Re- the Senate on September 27, 2012; to the EC–7864. A communication from the Assist- habilitative Services, Department of Edu- Committee on Finance. ant Secretary, Legislative Affairs, Depart- EC–7854. A communication from the Chief cation, transmitting, pursuant to law, the ment of State, transmitting, certification of of the Publications and Regulations Branch, report of a rule entitled ‘‘Final Priority; proposed issuance of an export license pursu- Internal Revenue Service, Department of the Technical Assistance on State Data Collec- ant to section 36(c) of the Arms Export Con- Treasury, transmitting, pursuant to law, the tion, Analysis, and Reporting—National trol Act (Transmittal No. DDTC 12–118); to report of a rule entitled ‘‘RIC Modernization IDEA Technical Assistance Center on Early the Committee on Foreign Relations. Act Capital Loss Carryforward Effective Childhood Longitudinal Data Systems’’ EC–7865. A communication from the Assist- Date’’ (Rev. Rul. 2012–29) received during ad- (CFDA No. 84.373Z) received during adjourn- ant Secretary, Legislative Affairs, Depart- journment of the Senate in the Office of the ment of the Senate in the Office of the Presi- ment of State, transmitting, certification of President of the Senate on October 4, 2012; to dent of the Senate on October 9, 2012; to the proposed issuance of an export license pursu- the Committee on Finance. Committee on Health, Education, Labor, and EC–7855. A communication from the Chief ant to section 36(c) of the Arms Export Con- Pensions. of the Publications and Regulations Branch, trol Act (Transmittal No. DDTC 12–117); to EC–7877. A communication from the Sec- Internal Revenue Service, Department of the the Committee on Foreign Relations. retary of Education, transmitting, pursuant Treasury, transmitting, pursuant to law, the EC–7866. A communication from the Assist- to law, the report of a rule entitled ‘‘Adjust- report of a rule entitled ‘‘New Markets Tax ant Secretary, Legislative Affairs, Depart- ment of Civil Monetary Penalties for Infla- Credit Non-Real Estate Investments’’ (TD ment of State, transmitting, certification of tion’’ (RIN1801–AA12) received during ad- 9600) received during adjournment of the proposed issuance of an export license pursu- journment of the Senate in the Office of the Senate in the Office of the President of the ant to section 36(c) of the Arms Export Con- President of the Senate on October 9, 2012; to Senate on October 4, 2012; to the Committee trol Act (Transmittal No. DDTC 12–123); to the Committee on Health, Education, Labor, on Finance. the Committee on Foreign Relations. and Pensions. EC–7856. A communication from the Chief EC–7867. A communication from the Assist- EC–7878. A communication from the Sec- of the Trade and Commercial Regulations ant Secretary, Legislative Affairs, Depart- retary of Health and Human Services, trans- Branch, Customs and Border Protection, De- ment of State, transmitting, certification of mitting, pursuant to law, the Food and Drug partment of Homeland Security, transmit- proposed issuance of an export license pursu- Administration’s report relative to the Third ting, pursuant to law, the report of a rule en- ant to section 36(c) of the Arms Export Con- Review of the Backlog of Postmarketing Re- titled ‘‘United States—Peru Trade Pro- trol Act (Transmittal No. DDTC 12–116); to quirements and Postmarketing Commit- motion Agreement’’ (RIN1515–AD79) received the Committee on Foreign Relations. ments; to the Committee on Health, Edu- during adjournment of the Senate in the Of- EC–7868. A communication from the Assist- cation, Labor, and Pensions. fice of the President of the Senate on Octo- ant Secretary, Legislative Affairs, Depart- EC–7879. A communication from General ber 15, 2012; to the Committee on Finance. ment of State, transmitting, certification of Counsel, Corporation for National and Com- EC–7857. A communication from the Assist- proposed issuance of an export license pursu- munity Service, transmitting, pursuant to ant Secretary, Legislative Affairs, Depart- ant to section 36(c) of the Arms Export Con- law, the report of a rule entitled ‘‘Criminal ment of State, transmitting, pursuant to trol Act (Transmittal No. DDTC 12–112); to History Check Requirements for AmeriCorps law, a report relative to groups designated the Committee on Foreign Relations. State/National, Senior Companions, Foster by the Secretary of State as Foreign Ter- EC–7869. A communication from the Assist- Grandparents, the Retired and Senior Volun- rorist Organizations (OSS 2012–1481); to the ant Legal Adviser for Treaty Affairs, Depart- teer Program, and Other National Service Committee on Foreign Relations. ment of State, transmitting, pursuant to the Programs; Final Rule’’ (RIN3045–AA56) re- EC–7858. A communication from the Assist- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ceived during adjournment of the Senate in ant Secretary, Bureau of Political-Military the report of the texts and background state- the Office of the President of the Senate on Affairs, Department of State, transmitting, ments of international agreements, other October 12, 2012; to the Committee on pursuant to law, an addendum to a certifi- than treaties (List 2012–0123—2012–0142); to Health, Education, Labor, and Pensions. cation, transmittal number: DDTC 12–113, of the Committee on Foreign Relations. EC–7880. A communication from the Dep- the proposed sale or export of defense arti- EC–7870. A communication from the Assist- uty Director for Policy, Legislative and Reg- cles and/or defense services to a Middle East ant Legal Adviser for Treaty Affairs, Depart- ulatory Department, Pension Benefit Guar- country regarding any possible affects such a ment of State, transmitting, pursuant to the anty Corporation, transmitting, pursuant to sale might have relating to Israel’s Quali- Case-Zablocki Act, 1 U.S.C. 112b, as amended, law, the report of a rule entitled ‘‘Benefits tative Military Edge over military threats to the report of the texts and background state- Payable in Terminated Single-Employer Israel; to the Committee on Foreign Rela- ments of international agreements, other Plans; Allocation of Assets in Single-Em- tions. than treaties (List 2012–0143—2012–0150); to ployer Plans; Interest Assumptions for Val- EC–7859. A communication from the Acting the Committee on Foreign Relations. uing and Paying Benefits’’ (29 CFR Parts 4022 Secretary of Commerce, transmitting, pursu- EC–7871. A communication from the Assist- and 4044) received during adjournment of the ant to law, a report relative to the export to ant Secretary, Legislative Affairs, Depart- Senate in the Office of the President of the the People’s Republic of China of an item not ment of State, transmitting, certification of Senate on September 26, 2012; to the Com- detrimental to the U.S. space launch indus- proposed issuance of an export license pursu- mittee on Health, Education, Labor, and try; to the Committee on Foreign Relations. ant to section 36(d) of the Arms Export Con- Pensions.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6743 EC–7881. A communication from the Pro- mission, transmitting, pursuant to law, the dering Section, Department of Justice, gram Manager, Centers for Disease Control Commission’s fiscal year 2011 annual report transmitting, pursuant to law, the report of and Prevention, Department of Health and relative to the Notification and Federal Em- a rule entitled ‘‘Consolidation of Seizure and Human Services, transmitting, pursuant to ployee Antidiscrimination and Retaliation Forfeiture Regulations’’ (RIN1105–AA74) re- law, the report of a rule entitled ‘‘Posses- Act of 2002; to the Committee on Homeland ceived during adjournment of the Senate in sion, Use, and Transfer of Select Agents and Security and Governmental Affairs. the Office of the President of the Senate on Toxins; Biennial Review’’ (RIN0920–AA34) re- EC–7892. A communication from the Asso- October 4, 2012; to the Committee on the Ju- ceived during adjournment of the Senate in ciate Deputy Director, Central Intelligence diciary. the Office of the President of the Senate on Agency, transmitting, pursuant to law, the EC–7903. A communication from the Fed- October 4, 2012; to the Committee on Health, Agency’s fiscal year 2011 annual report rel- eral Liaison Officer, Patent and Trademark Education, Labor, and Pensions. ative to the Notification and Federal Em- Office, Department of Commerce, transmit- EC–7882. A communication from the Assist- ployee Antidiscrimination and Retaliation ting, pursuant to law, the report of a rule en- ant Secretary for the Employment and Act of 2002; to the Committee on Homeland titled ‘‘Changes to Implement Derivation Training Administration, Department of Security and Governmental Affairs. Proceedings’’ (RIN0651–AC74) received during Labor, transmitting, pursuant to law, the re- EC–7893. A communication from the Ad- adjournment of the Senate in the Office of port of a rule entitled ‘‘Wage Methodology ministrator, Federal Emergency Manage- the President of the Senate on October 1, for the Temporary Non-Agricultural Em- ment Agency, Department of Homeland Se- 2012; to the Committee on the Judiciary. EC–7904. A communication from the Fed- ployment H-2B Program; Delay of Effective curity, transmitting, pursuant to law, a re- eral Register Liaison Officer, Alcohol and Date’’ (RIN1205–AB61) received during ad- port relative to the cost of response and re- Tobacco Tax and Trade Bureau, Department covery efforts for FEMA–3347–EM in the journment of the Senate in the Office of the of the Treasury, transmitting, pursuant to State of Louisiana having exceeded the President of the Senate on September 28, law, the report of a rule entitled ‘‘Establish- $5,000,000 limit for a single emergency dec- 2012; to the Committee on Health, Education, ment of the Middleburg Virginia Viticultural Labor, and Pensions. laration; to the Committee on Homeland Se- Area’’ (RIN1513–AB67) received during ad- EC–7883. A communication from the Direc- curity and Governmental Affairs. journment of the Senate in the Office of the EC–7894. A communication from the Senior tor, Directorate of Cooperative and State President of the Senate on September 26, Programs, Occupational Safety and Health Procurement Executive, Office of Acquisi- 2012; to the Committee on the Judiciary. Administration, transmitting, pursuant to tion Policy, General Services Administra- EC–7905. A communication from the Fed- law, the report of a rule entitled ‘‘Hawaii tion, transmitting, pursuant to law, the re- eral Register Liaison Officer, Alcohol and State Plan for Occupational Safety and port of a rule entitled ‘‘General Services Ad- Tobacco Tax and Trade Bureau, Department Health’’ (RIN1218–AC78) received during ad- ministration Acquisition Regulation; Re- of the Treasury, transmitting, pursuant to journment of the Senate in the Office of the write of Part 504, Administrative Matters’’ law, the report of a rule entitled ‘‘Revision President of the Senate on October 9, 2012; to (RIN3090–AI72) received during adjournment to Vintage Date Requirements’’ (RIN1513– the Committee on Health, Education, Labor, of the Senate in the Office of the President AB84) received during adjournment of the and Pensions. of the Senate on October 3, 2012; to the Com- Senate in the Office of the President of the EC–7884. A communication from the Dis- mittee on Homeland Security and Govern- Senate on September 26, 2012; to the Com- trict of Columbia Auditor, transmitting, pur- mental Affairs. mittee on the Judiciary. suant to law, a report entitled, ‘‘District of EC–7895. A communication from the Acting EC–7906. A communication from the Fed- Columbia Public Schools Local Schools and Director of the Office of Regulatory Affairs eral Register Liaison Officer, Alcohol and Central Office Budget Process Review Con- and Collaborative Action, Bureau of Indian Tobacco Tax and Trade Bureau, Department sulting Report (Report No. 2) Fiscal Years Affairs, Department of the Interior, trans- of the Treasury, transmitting, pursuant to 2007–2010’’; to the Committee on Homeland mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Establish- Security and Governmental Affairs. entitled ‘‘Heating, Cooling, and Lighting ment of the Inwood Valley Viticultural EC–7885. A communication from the Dis- Standards for Bureau-funded Dormitory Fa- Area’’ (RIN1513–AB83) received during ad- trict of Columbia Auditor, transmitting, pur- cilities’’ (RIN1076–AF10) received during ad- journment of the Senate in the Office of the suant to law, a report entitled, ‘‘Review of journment of the Senate in the Office of the President of the Senate on September 26, the District of Columbia’s Performance President of the Senate on October 5, 2012; to 2012; to the Committee on the Judiciary. Measurement System’’; to the Committee on the Committee on Indian Affairs. EC–7907. A communication from the Chief Homeland Security and Governmental Af- EC–7896. A communication from the Sec- of Regulation Development, Veterans Health fairs. retary of Health and Human Services, trans- Administration, Department of Veterans Af- EC–7886. A communication from the Dis- mitting, pursuant to law, a report entitled fairs, transmitting, pursuant to law, the re- trict of Columbia Auditor, transmitting, pur- ‘‘Fiscal Year 2011 Report to Congress on port of a rule entitled ‘‘Fisher House and suant to law, a report entitled, ‘‘Audit of the Funding Needs For Contract Support Cost of Other Temporary Lodging’’ (RIN2900–AN79) Accounts and Operations of ANC 2D for Fis- Self-Determination Awards’’; to the Com- received during adjournment of the Senate cal Years 2009 through 2011’’; to the Com- mittee on Indian Affairs. in the Office of the President of the Senate mittee on Homeland Security and Govern- EC–7897. A communication from the Gen- on September 26, 2012; to the Committee on mental Affairs. eral Counsel of the National Tropical Botan- Veterans’ Affairs. EC–7887. A communication from the Dis- ical Garden, transmitting, pursuant to law, a EC–7908. A communication from the Direc- tor of the Regulation Policy and Manage- trict of Columbia Auditor, transmitting, pur- report relative to an audit of the Garden for ment, Veterans Health Administration, De- suant to law, a report entitled, ‘‘Audit of the the period from January 1, 2011, through De- partment of Veterans Affairs, transmitting, Metropolitan Police Department’s Investiga- cember 31, 2011; to the Committee on the Ju- pursuant to law, the report of a rule entitled tions and Preliminary Inquiries Involving diciary. ‘‘Removal of 30-Day Residency Requirement EC–7898. A communication from the Acting First Amendment Activities’’; to the Com- for Per Diem Payments During an In-Patient Assistant Attorney General, Office of Legis- mittee on Homeland Security and Govern- Hospital Stay’’ (RIN2900–AO36) received dur- mental Affairs. lative Affairs, Department of Justice, trans- ing adjournment of the Senate in the Office EC–7888. A communication from the Dis- mitting, pursuant to law, the Department’s of the President of the Senate on September trict of Columbia Auditor, transmitting, pur- 2011 Annual Privacy Report; to the Com- 26, 2012; to the Committee on Veterans’ Af- suant to law, a report entitled, ‘‘Fiscal Year mittee on the Judiciary. fairs. 2011 Annual Report on Advisory Neighbor- EC–7899. A communication from the Clerk EC–7909. A communication from the Direc- hood Commissions’’; to the Committee on of Court, United States Court of Appeals for tor of the Regulation Policy and Manage- Homeland Security and Governmental Af- the Seventh Circuit, transmitting an opinion ment, Veterans Benefit Administration, De- fairs. of the United States Court of Appeals for the partment of Veterans Affairs, transmitting, EC–7889. A communication from the Acting Seventh Circuit (Senne v. Village of Pala- pursuant to law, the report of a rule entitled Chief Privacy Officer, Privacy Office, De- tine, IL); to the Committee on the Judiciary. ‘‘Servicemembers’ Group Life Insurance and partment of Homeland Security, transmit- EC–7900. A communication from the Clerk Veterans’ Group Life Insurance—Slayer’s ting, pursuant to law, a report entitled ‘‘De- of Court, United States Court of Appeals for Rule Exclusion’’ (RIN2900–AN40) received partment of Homeland Security Privacy Of- the Seventh Circuit, transmitting an opinion during adjournment of the Senate in the Of- fice 2012 Annual Report to Congress’’; to the of the United States Court of Appeals for the fice of the President of the Senate on Octo- Committee on Homeland Security and Gov- Seventh Circuit (George v. Junior Achieve- ber 2, 2012; to the Committee on Veterans’ ernmental Affairs. ment of Central Indiana); to the Committee Affairs. EC–7890. A communication from the Chair- on the Judiciary. EC–7910. A communication from the Senior man of the Merit Systems Protection Board, EC–7901. A communication from the Clerk Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, a report enti- of Court, United States Court of Appeals for tration, Department of Transportation, tled ‘‘Employee Perceptions of Federal the Seventh Circuit, transmitting an opinion transmitting, pursuant to law, the report of Workplace Violence’’; to the Committee on of the United States Court of Appeals for the a rule entitled ‘‘Airworthiness Directives; Homeland Security and Governmental Af- Seventh Circuit (In re: Ganess Maharaj); to Airbus Airplanes’’ ((RIN2120–AA64) (Docket fairs. the Committee on the Judiciary. No. FAA–2012–0264)) received during adjourn- EC–7891. A communication from the Chair- EC–7902. A communication from the Acting ment of the Senate in the Office of the Presi- man of the National Capital Planning Com- Chief, Asset Forfeiture and Money Laun- dent of the Senate on September 27, 2012; to

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6744 CONGRESSIONAL RECORD — SENATE November 13, 2012 the Committee on Commerce, Science, and fice of the President of the Senate on Sep- viding for greater interagency experience Transportation. tember 27, 2012; to the Committee on Com- among national security and homeland secu- EC–7911. A communication from the Senior merce, Science, and Transportation. rity personnel through the development of a Program Analyst, Federal Aviation Adminis- EC–7919. A communication from the Senior national security and homeland security tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- human capital strategy and interagency ro- transmitting, pursuant to law, the report of tration, Department of Transportation, tational service by employees, and for other a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of purposes (Rept. No. 112–235). BAE Systems (Operations) Limited Air- a rule entitled ‘‘Airworthiness Directives; By Mr. ROCKEFELLER, from the Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– The Boeing Company Airplanes’’ ((RIN2120– mittee on Commerce, Science, and Transpor- 2012–0332)) received during adjournment of AA64) (Docket No. FAA–2009–0607)) received tation, without amendment: the Senate in the Office of the President of during adjournment of the Senate in the Of- S. 1953. A bill to reauthorize the Research the Senate on September 27, 2012; to the fice of the President of the Senate on Sep- and Innovative Technology Administration, Committee on Commerce, Science, and tember 27, 2012; to the Committee on Com- to improve transportation research and de- Transportation. merce, Science, and Transportation. velopment, and for other purposes (Rept. No. EC–7912. A communication from the Senior EC–7920. A communication from the Senior 112–236). By Mr. ROCKEFELLER, from the Com- Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- tration, Department of Transportation, tration, Department of Transportation, tation, with an amendment in the nature of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; a substitute: a rule entitled ‘‘Airworthiness Directives; S. 1701. A bill to amend the Harmful Algal The Boeing Company Airplanes’’ ((RIN2120– HPH s.r.o. Sailplanes’’ ((RIN2120–AA64) AA64) (Docket No. FAA–2012–0336)) received Blooms and Hypoxia Research and Control (Docket No. FAA–2012–0598)) received during Act of 1998, and for other purposes (Rept. No. during adjournment of the Senate in the Of- adjournment of the Senate in the Office of fice of the President of the Senate on Sep- 112–237). the President of the Senate on September 27, S. 1950. A bill to amend title 49, United tember 27, 2012; to the Committee on Com- 2012; to the Committee on Commerce, States Code, to improve commercial motor merce, Science, and Transportation. Science, and Transportation. vehicle safety and reduce commercial motor EC–7913. A communication from the Senior vehicle-related accidents and fatalities, to Program Analyst, Federal Aviation Adminis- f authorize the Federal Motor Carrier Safety tration, Department of Transportation, REPORTS OF COMMITTEES DURING Administration, and for other purposes transmitting, pursuant to law, the report of ADJOURNMENT (Rept. No. 112–238). a rule entitled ‘‘Airworthiness Directives; Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) Under the authority of the order of f (Docket No. FAA–2011–1418)) received during the Senate of September 22, 2012, the INTRODUCTION OF BILLS AND adjournment of the Senate in the Office of following reports of committees were JOINT RESOLUTIONS the President of the Senate on September 27, submitted on November 2, 2012: 2012; to the Committee on Commerce, The following bills and joint resolu- Science, and Transportation. By Mr. LIEBERMAN, from the Committee tions were introduced, read the first EC–7914. A communication from the Senior on Homeland Security and Governmental Af- and second times by unanimous con- fairs, with an amendment in the nature of a Program Analyst, Federal Aviation Adminis- sent, and referred as indicated: tration, Department of Transportation, substitute: By Mr. MERKLEY: transmitting, pursuant to law, the report of S. 1998. A bill to obtain an unqualified S. 3626. A bill to provide financing assist- a rule entitled ‘‘Airworthiness Directives; audit opinion, and improve financial ac- ance for qualified water infrastructure Various Restricted Category Helicopters’’ countability and management at the Depart- ment of Homeland Security (Rept. No. 112– projects, and for other purposes; to the Com- ((RIN2120–AA64) (Docket No. FAA–2012–0739)) mittee on Environment and Public Works. received during adjournment of the Senate 230). in the Office of the President of the Senate f f on September 27, 2012; to the Committee on SUBMISSION OF CONCURRENT AND REPORTS OF COMMITTEES Commerce, Science, and Transportation. SENATE RESOLUTIONS EC–7915. A communication from the Senior The following reports of committees The following concurrent resolutions Program Analyst, Federal Aviation Adminis- were submitted: tration, Department of Transportation, and Senate resolutions were read, and transmitting, pursuant to law, the report of By Mr. KERRY, from the Committee on referred (or acted upon), as indicated: a rule entitled ‘‘Airworthiness Directives; Foreign Relations, with an amendment in the nature of a substitute: By Mr. CASEY: The Boeing Company Airplanes’’ ((RIN2120– S. Res. 590. A resolution supporting the S. 2215. A bill to create jobs in the United AA64) (Docket No. FAA–2010–0480)) received goals and ideals of ‘‘Children’s Grief Aware- States by increasing United States exports during adjournment of the Senate in the Of- ness Day’’; to the Committee on Health, to Africa by at least 200 percent in real dol- fice of the President of the Senate on Sep- Education, Labor, and Pensions. lar value within 10 years, and for other pur- tember 27, 2012; to the Committee on Com- By Mr. SESSIONS (for himself and Mr. poses (Rept. No. 112–231). merce, Science, and Transportation. SHELBY): EC–7916. A communication from the Senior S. 2318. A bill to authorize the Secretary of S. Res. 591. A resolution expressing the Program Analyst, Federal Aviation Adminis- State to pay a reward to combat sense of the Senate regarding Raymond tration, Department of Transportation, transnational organized crime and for infor- Weeks and his efforts in the establishment of transmitting, pursuant to law, the report of mation concerning foreign nationals wanted Veterans Day; considered and agreed to. a rule entitled ‘‘Airworthiness Directives; by international criminal tribunals, and for f Airbus Airplanes’’ ((RIN2120–AA64) (Docket other purposes (Rept. No. 112–232). No. FAA–2012–0414)) received during adjourn- By Mr. KERRY, from the Committee on ADDITIONAL COSPONSORS ment of the Senate in the Office of the Presi- Foreign Relations, with an amendment in S. 82 dent of the Senate on September 27, 2012; to the nature of a substitute and an amendment the Committee on Commerce, Science, and to the title: At the request of Mr. JOHANNS, the Transportation. S. 3310. A bill to direct the President, in name of the Senator from Arkansas EC–7917. A communication from the Senior consultation with the Department of State, (Mr. BOOZMAN) was added as a cospon- Program Analyst, Federal Aviation Adminis- United States Agency for International De- sor of S. 82, a bill to repeal the sunset tration, Department of Transportation, velopment, Millennium Challenge Corpora- of the Economic Growth and Tax Relief transmitting, pursuant to law, the report of tion, and the Department of Defense, to es- Reconciliation Act of 2001 with respect a rule entitled ‘‘Airworthiness Directives; tablish guidelines for United States foreign to the expansion of the adoption credit assistance programs, and for other purposes Glasflugel Gliders’’ ((RIN2120–AA64) (Docket and adoption assistance programs, to No. FAA–2012–0046)) received during adjourn- (Rept. No. 112–233). ment of the Senate in the Office of the Presi- By Mr. KERRY, from the Committee on repeal the sunset of the Patient Pro- dent of the Senate on September 27, 2012; to Foreign Relations, without amendment: tection and Affordable Care Act with the Committee on Commerce, Science, and S. 3331. A bill to provide for universal respect to increased dollar limitations Transportation. intercountry adoption accreditation stand- for such credit and programs, and to EC–7918. A communication from the Senior ards, and for other purposes (Rept. No. 112– allow the adoption credit to be claimed Program Analyst, Federal Aviation Adminis- 234). in the year expenses are incurred, re- tration, Department of Transportation, By Mr. LIEBERMAN, from the Committee gardless of when the adoption becomes transmitting, pursuant to law, the report of on Homeland Security and Governmental Af- a rule entitled ‘‘Airworthiness Directives; fairs, with an amendment in the nature of a final. The Boeing Company Airplanes’’ ((RIN2120– substitute: S. 202 AA64) (Docket No. FAA–2011–1322)) received S. 1268. A bill to increase the efficiency and At the request of Mr. PAUL, the during adjournment of the Senate in the Of- effectiveness of the Government by pro- names of the Senator from Maine (Ms.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6745 COLLINS), the Senator from Ohio (Mr. (Mrs. FEINSTEIN) was added as a co- (Mr. WYDEN) was added as a cosponsor PORTMAN) and the Senator from Kansas sponsor of S. 1171, a bill to amend the of S. 1770, a bill to prohibit discrimina- (Mr. ROBERTS) were added as cospon- Internal Revenue Code of 1986 to extend tion in adoption or foster case place- sors of S. 202, a bill to require a full the exclusion from gross income for ments based on the sexual orientation, audit of the Board of Governors of the employer-provided health coverage for gender identity, or marital status of Federal Reserve System and the Fed- employees’ spouses and dependent chil- any prospective adoptive or foster par- eral reserve banks by the Comptroller dren to coverage provided to other eli- ent, or the sexual orientation or gender General of the United States before the gible dependent beneficiaries of em- identity of the child involved. end of 2012, and for other purposes. ployees. S. 1782 S. 260 S. 1173 At the request of Mr. LAUTENBERG, At the request of Mr. NELSON of Flor- At the request of Mr. WYDEN, the the name of the Senator from Oregon ida, the name of the Senator from name of the Senator from California (Mr. WYDEN) was added as a cosponsor Texas (Mrs. HUTCHISON) was added as a (Mrs. FEINSTEIN) was added as a co- of S. 1782, a bill to provide for the re- cosponsor of S. 260, a bill to amend sponsor of S. 1173, a bill to amend title duction in unintended pregnancy and title 10, United States Code, to repeal XVIII of the Social Security Act to sexually transmitted infections, in- the requirement for reduction of sur- modernize payments for ambulatory cluding HIV, and the promotion of vivor annuities under the Survivor surgical centers under the Medicare healthy relationships, and for other Benefit Plan by veterans’ dependency program. purposes. and indemnity compensation. S. 1244 S. 1872 S. 339 At the request of Mr. INOUYE, the At the request of Mr. CASEY, the At the request of Mr. BAUCUS, the name of the Senator from Indiana (Mr. names of the Senator from Michigan name of the Senator from Alaska (Mr. LUGAR) was added as a cosponsor of S. BEGICH) was added as a cosponsor of S. (Mr. LEVIN), the Senator from Maine 1244, a bill to provide for preferential 1872, a bill to amend the Internal Rev- (Ms. COLLINS) and the Senator from duty treatment to certain apparel arti- enue Code of 1986 to provide for the tax Ohio (Mr. BROWN) were added as co- cles of the Philippines. sponsors of S. 339, a bill to amend the treatment of ABLE accounts estab- S. 1269 Internal Revenue Code of 1986 to make lished under State programs for the At the request of Ms. SNOWE, the care of family members with disabil- permanent the special rule for con- name of the Senator from Illinois (Mr. tributions of qualified conservation ities, and for other purposes. DURBIN) was added as a cosponsor of S. contributions. S. 1880 1269, a bill to amend the Elementary At the request of Mr. BARRASSO, the S. 755 and Secondary Education Act of 1965 to names of the Senator from Oklahoma At the request of Mr. WYDEN, the require the Secretary of Education to (Mr. INHOFE) and the Senator from name of the Senator from New Hamp- collect information from coeducational Pennsylvania (Mr. TOOMEY) were added shire (Mrs. SHAHEEN) was added as a co- secondary schools on such schools’ ath- as cosponsors of S. 1880, a bill to repeal sponsor of S. 755, a bill to amend the letic programs, and for other purposes. Internal Revenue Code of 1986 to allow the health care law’s job-killing health S. 1391 an offset against income tax refunds to insurance tax. At the request of Mr. TESTER, the pay for restitution and other State ju- S. 1916 name of the Senator from New York dicial debts that are past-due. At the request of Mr. NELSON of Flor- (Mrs. GILLIBRAND) was added as a co- S. 821 sponsor of S. 1391, a bill to amend title ida, the name of the Senator from At the request of Mr. LEAHY, the 38, United States Code, to improve the North Carolina (Mrs. HAGAN) was added name of the Senator from Connecticut disability compensation evaluation as a cosponsor of S. 1916, a bill to ex- (Mr. LIEBERMAN) was added as a co- procedure of the Secretary of Veterans clude ecosystem component stocks of sponsor of S. 821, a bill to amend the Affairs for veterans with post-trau- fish from certain annual catch limits Immigration and Nationality Act to matic stress disorder or mental health and for other purposes. eliminate discrimination in the immi- S. 2124 gration laws by permitting permanent conditions related to military sexual trauma, and for other purposes. At the request of Mr. MENENDEZ, the partners of United States citizens and name of the Senator from Connecticut lawful permanent residents to obtain S. 1423 (Mr. BLUMENTHAL) was added as a co- lawful permanent resident status in At the request of Mr. TOOMEY, the sponsor of S. 2124, a bill to amend title the same manner as spouses of citizens name of the Senator from Idaho (Mr. III of the Public Health Service Act to and lawful permanent residents and to CRAPO) was added as a cosponsor of S. authorize and support the creation of penalize immigration fraud in connec- 1423, a bill to clarify the orphan drug cardiomyopathy education, awareness, tion with permanent partnerships. exception to the annual fee on branded prescription pharmaceutical manufac- and risk assessment materials and re- S. 847 sources by the Secretary of Health and At the request of Mr. LAUTENBERG, turers and importers. Human Services through the Centers the name of the Senator from Hawaii S. 1460 for Disease Control and Prevention and (Mr. INOUYE) was added as a cosponsor At the request of Mr. BAUCUS, the the dissemination of such materials of S. 847, a bill to amend the Toxic Sub- names of the Senator from Texas (Mr. and resources by State educational stances Control Act to ensure that CORNYN) and the Senator from Hawaii agencies to identify more at-risk fami- risks from chemicals are adequately (Mr. AKAKA) were added as cosponsors lies. understood and managed, and for other of S. 1460, a bill to grant the congres- purposes. sional gold medal, collectively, to the S. 2189 S. 1042 First Special Service Force, in recogni- At the request of Mr. HARKIN, the At the request of Ms. MURKOWSKI, the tion of its superior service during name of the Senator from Maine (Ms. name of the Senator from Kentucky World War II. SNOWE) was added as a cosponsor of S. (Mr. PAUL) was added as a cosponsor of S. 1718 2189, a bill to amend the Age Discrimi- S. 1042, a bill to amend title XVIII of At the request of Mr. WYDEN, the nation in Employment Act of 1967 and the Social Security Act to establish a name of the Senator from Louisiana other laws to clarify appropriate stand- Medicare payment option for patients (Ms. LANDRIEU) was added as a cospon- ards for Federal antidiscrimination and and physicians or practitioners to free- sor of S. 1718, a bill to amend title antiretaliation claims, and for other ly contract, without penalty, for Medi- XVIII of the Social Security Act with purposes. care fee-for-service items and services, respect to the application of Medicare S. 2259 while allowing Medicare beneficiaries secondary payer rules for certain At the request of Mr. TESTER, the to use their Medicare benefits. claims. name of the Senator from Montana S. 1171 S. 1770 (Mr. BAUCUS) was added as a cosponsor At the request of Mr. SCHUMER, the At the request of Mrs. GILLIBRAND, of S. 2259, a bill to provide for an in- name of the Senator from California the name of the Senator from Oregon crease, effective December 1, 2012, in

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6746 CONGRESSIONAL RECORD — SENATE November 13, 2012 the rates of compensation for veterans the employer-provided child care credit form the functions of a job are limited with service-connected disabilities and under section 45F of the Internal Rev- by pregnancy, childbirth, or a related the rates of dependency and indemnity enue Code of 1986. medical condition. compensation for the survivors of cer- S. 3460 S. 3573 tain disabled veterans, and for other At the request of Mr. ENZI, the name At the request of Mr. HOEVEN, the purposes. of the Senator from Maine (Ms. SNOWE) names of the Senator from Kentucky S. 3243 was added as a cosponsor of S. 3460, a (Mr. MCCONNELL) and the Senator from At the request of Mrs. GILLIBRAND, bill to amend the Internal Revenue Ohio (Mr. PORTMAN) were added as co- the name of the Senator from New Code of 1986 to provide for startup busi- sponsors of S. 3573, a bill to recognize York (Mr. SCHUMER) was added as a co- nesses to use a portion of the research the primacy of States, provide for the sponsor of S. 3243, a bill to amend the and development credit to offset pay- consideration of the economic impact Internal Revenue Code of 1986 to in- roll taxes. of additional regulations, and provide crease the amount of the low-income S. 3477 for standards and requirements relat- ing to certain guidelines and regula- housing credit that may be allocated in At the request of Mrs. BOXER, the States damaged in 2011 by Hurricane name of the Senator from New Jersey tions relating to health and the envi- ronment. Irene or Tropical Storm Lee. (Mr. LAUTENBERG) was added as a co- S. 3275 sponsor of S. 3477, a bill to ensure that S. 3574 At the request of Mr. COONS, the the United States promotes women’s At the request of Mr. BLUNT, the names of the Senator from Michigan meaningful inclusion and participation name of the Senator from Maine (Ms. (Ms. STABENOW), the Senator from Col- in mediation and negotiation processes COLLINS) was added as a cosponsor of S. orado (Mr. BENNET), the Senator from undertaken in order to prevent, miti- 3574, a bill to amend section 403 of the Alaska (Ms. MURKOWSKI) and the Sen- gate, or resolve violent conflict and Federal Food, Drug, and Cosmetic Act ator from Massachusetts (Mr. BROWN) implements the United States National to improve and clarify certain disclo- were added as cosponsors of S. 3275, a Action Plan on Women, Peace, and Se- sure requirements for restaurants, bill to amend the Internal Revenue curity. similar retail food establishments, and Code of 1986 to extend the publicly vending machines. S. 3494 traded partnership ownership structure S. 3584 At the request of Mr. FRANKEN, the to energy power generation projects At the request of Mr. PRYOR, the name of the Senator from Tennessee and transportation fuels, and for other name of the Senator from Colorado (Mr. ALEXANDER) was added as a co- purposes. (Mr. UDALL) was added as a cosponsor sponsor of S. 3494, a bill to amend the S 3338 of S. 3584, a bill to reauthorize the Na- . Internal Revenue Code of 1986 to qual- tional Integrated Drought Information At the request of Mr. HARKIN, the ify formerly homeless individuals who System, and for other purposes. name of the Senator from Minnesota are full-time students for purposes of (Mr. FRANKEN) was added as a cospon- low income housing tax credit. S. 3605 sor of S. 3338, a bill to amend the Pub- At the request of Mr. CRAPO, the S. 3498 lic Health Service Act and title XVIII names of the Senator from Wyoming At the request of Mr. CASEY, the of the Social Security Act to make the (Mr. BARRASSO) and the Senator from name of the Senator from Oregon (Mr. provision of technical services for med- Georgia (Mr. CHAMBLISS) were added as ical imaging examinations and radi- MERKLEY) was added as a cosponsor of cosponsors of S. 3605, a bill to clarify ation therapy treatments safer, more S. 3498, a bill to provide humanitarian Congressional intent regarding the reg- accurate, and less costly. assistance and support a democratic ulation of the use of pesticides in or transition in Syria, and for other pur- S. 3394 near navigable waters, and for other poses. At the request of Mr. JOHNSON of purposes. S. 3526 South Dakota, the names of the Sen- S.J. RES. 19 ator from Delaware (Mr. COONS), the At the request of Mr. WICKER, the At the request of Mr. HATCH, the Senator from Connecticut (Mr. LIEBER- names of the Senator from Missouri name of the Senator from Mississippi MAN), the Senator from Louisiana (Ms. (Mr. BLUNT) and the Senator from (Mr. COCHRAN) was added as a cospon- LANDRIEU), the Senator from New Mex- Georgia (Mr. CHAMBLISS) were added as sor of S.J. Res. 19, a joint resolution ico (Mr. BINGAMAN) and the Senator cosponsors of S. 3526, a bill to amend proposing an amendment to the Con- from New York (Mrs. GILLIBRAND) were title 10, United States Code, to protect stitution of the United States author- added as cosponsors of S. 3394, a bill to the rights of conscience of members of izing Congress to prohibit the physical address fee disclosure requirements the Armed Forces and chaplains of desecration of the flag of the United under the Electronic Fund Transfer members of the Armed Forces, and for States. Act, to amend the Federal Deposit In- other purposes. S.J. RES. 45 surance Act with respect to informa- S. 3550 At the request of Mrs. HUTCHISON, the tion provided to the Bureau of Con- At the request of Mr. BLUMENTHAL, names of the Senator from Kansas (Mr. sumer Financial Protection, and for the name of the Senator from Illinois ROBERTS) and the Senator from other purposes. (Mr. DURBIN) was added as a cosponsor Vermont (Mr. SANDERS) were added as S. 3407 of S. 3550, a bill to amend the Higher cosponsors of S.J. Res. 45, a joint reso- At the request of Mr. WYDEN, the Education Act of 1965 to protect stu- lution amending title 36, United States name of the Senator from Connecticut dents from deceptive practices and Code, to designate June 19 as (Mr. BLUMENTHAL) was added as a co- high-pressure sales by institutions of ‘‘Juneteenth Independence Day’’. sponsor of S. 3407, a bill to amend the higher education, to provide a waiting S.J. RES. 50 Public Health Service Act to increase period for students to make enrollment At the request of Mr. JOHANNS, his the number of permanent faculty in decisions, to guard against misrepre- name was added as a cosponsor of S.J. palliative care at accredited allopathic sentation, to standardize and elevate Res. 50, a joint resolution providing for and osteopathic medical schools, nurs- institutional disclosures, and for other congressional disapproval under chap- ing schools, and other programs, to purposes. ter 8 of title 5, United States Code, of promote education in palliative care S. 3565 the rule submitted by the Office of and hospice, and to support the devel- At the request of Mr. CASEY, the Family Assistance of the Administra- opment of faculty careers in academic name of the Senator from Vermont tion for Children and Families of the palliative medicine. (Mr. SANDERS) was added as a cospon- Department of Health and Human S. 3427 sor of S. 3565, a bill to eliminate dis- Services relating to waiver and expend- At the request of Mr. KOHL, the name crimination and promote women’s iture authority under section 1115 of of the Senator from New York (Mrs. health and economic security by ensur- the Social Security Act (42 U.S.C. 1315) GILLIBRAND) was added as a cosponsor ing reasonable workplace accommoda- with respect to the Temporary Assist- of S. 3427, a bill to permanently extend tions for workers whose ability to per- ance for Needy Families program.

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S. RES. 543 of a loved one on a child, and of the need for (3) honors the sacrifices of, and pays trib- At the request of Mrs. BOXER, the support for grieving children: Now, there- ute to, the men and women of the United name of the Senator from Rhode Island fore, be it States in uniform who risk life and limb for Resolved, That the Senate— their country at home and overseas. (Mr. WHITEHOUSE) was added as a co- (1) supports the goals and ideals of Chil- f sponsor of S. Res. 543, a resolution to dren’s Grief Awareness Day to raise aware- express the sense of the Senate on ness of and support for grieving children; AMENDMENTS SUBMITTED AND international parental child abduction. (2) recognizes the hard work that grieving PROPOSED S. RES. 574 children do every day in creating a new life out of the pieces remaining of their old lives; SA 2871. Mr. BARRASSO submitted an At the request of Mrs. GILLIBRAND, (3) applauds the individuals that volunteer amendment intended to be proposed by him the names of the Senator from Rhode to support grieving children; to the bill S. 3525, to protect and enhance op- Island (Mr. WHITEHOUSE) and the Sen- (4) salutes the Federal, State, and local or- portunities for recreational hunting, fishing, ator from Maine (Ms. COLLINS) were ganizations that work on behalf of grieving and shooting, and for other purposes; which added as cosponsors of S. Res. 574, a children; was ordered to lie on the table. SA 2872. Mr. COCHRAN submitted an resolution calling on the United Na- (5) recognizes the tireless efforts put forth by the individuals that help grieving chil- amendment intended to be proposed by him tions to take concerted actions against to the bill S. 3525, supra; which was ordered leaders in Iran for their statements dren day after day; and (6) encourages the people of the United to lie on the table. calling for the destruction of another States to observe Children’s Grief Awareness SA 2873. Mr. COCHRAN submitted an United Nations Member State, Israel. Day with appropriate programs and activi- amendment intended to be proposed by him f ties. to the bill S. 3525, supra; which was ordered to lie on the table. SUBMITTED RESOLUTIONS f SA 2874. Mr. KERRY (for himself, Ms. SENATE RESOLUTION 591—EX- CANTWELL, Mrs. BOXER, Mr. BROWN of Massa- PRESSING THE SENSE OF THE chusetts, Mr. BLUMENTHAL, Mr. MENENDEZ, SENATE RESOLUTION 590—SUP- SENATE REGARDING RAYMOND Mr. DURBIN, and Mr. LAUTENBERG) submitted PORTING THE GOALS AND an amendment intended to be proposed by WEEKS AND HIS EFFORTS IN him to the bill S. 3525, supra; which was or- IDEALS OF ‘‘CHILDREN’S GRIEF THE ESTABLISHMENT OF VET- AWARENESS DAY’’ dered to lie on the table. ERANS DAY SA 2875. Mr. REID (for Mr. TESTER) pro- Mr. CASEY submitted the following Mr. SESSIONS (for himself and Mr. posed an amendment to the bill S. 3525, resolution; which was referred to the SHELBY) submitted the following reso- supra. Committee on Health, Education, lution; which was considered and SA 2876. Mr. REID proposed an amendment to amendment SA 2875 proposed by Mr. REID Labor, and Pensions: agreed to: (for Mr. TESTER) to the bill S. 3525, supra. S. RES. 590 S. RES. 591 SA 2877. Mr. REID proposed an amendment Whereas 1 in 5 children in the United Whereas November 11, 2012, is the 65th an- to amendment SA 2876 proposed by Mr. REID States will experience the death of a close niversary of National Veterans Day in Bir- to the amendment SA 2875 proposed by Mr. friend or relative by the age of 18 years old; mingham, Alabama; REID (for Mr. TESTER) to the bill S. 3525, Whereas in the United States, 1,900,000 Whereas the National Veterans Day in Bir- supra. children under the age of 18 years old have mingham is the longest running celebration SA 2878. Mr. REID proposed an amendment lost 1 or both parents; of Veterans Day in the Nation; to the bill S. 3525, supra. Whereas the death of a loved one can affect Whereas, on November 11, 1946, World War SA 2879. Mr. REID proposed an amendment a child for the rest of his or her life; II veteran Raymond Weeks presented Gen- to amendment SA 2878 proposed by Mr. REID Whereas the death of a loved one causes eral Eisenhower a program design proposing to the bill S. 3525, supra. confusion and distress because the child does to replace Armistice Day with a National SA 2880. Mr. REID proposed an amendment not understand why the loved one died; Veterans Day in 1947; to the bill S. 3525, supra. Whereas a grieving child often feels lonely, Whereas the very first Veterans Day cele- SA 2881. Mr. REID proposed an amendment fearful, and misunderstood, hindering the bration was held in Birmingham by the Na- to amendment SA 2880 proposed by Mr. REID ability to face feelings and manage grief; tional Veterans Day Organization in 1947; to the bill S. 3525, supra. Whereas children have often been called Whereas President Eisenhower signed into SA 2882. Mr. REID proposed an amendment ‘‘forgotten mourners’’ because many people law on June 1, 1954, the Act proclaiming No- to amendment SA 2881 proposed by Mr. REID erroneously believe that children are resil- vember 11 as Veterans Day (Public Law 380; to the amendment SA 2880 proposed by Mr. ient enough to ‘‘just get over’’ grief; 83rd Congress); REID to the bill S. 3525, supra. Whereas a grieving child needs to have his Whereas in 1954, the National Veterans Day SA 2883. Mr. LEE submitted an amendment or her feelings acknowledged, a listening ear, Volunteer Organization, started by Raymond intended to be proposed by him to the bill S. and the support of caring individuals, such Weeks, expanded to organize a multi-day 3525, supra; which was ordered to lie on the as family members, friends, and others who celebration including, but not limited to, a table. are also grieving a loss; Veterans Day Parade, a World Peace Lunch- SA 2884. Mr. LEE submitted an amendment Whereas Children’s Grief Awareness Day eon, and presentation during the National intended to be proposed by him to the bill S. began in 2008, through grassroots efforts to Veterans Award Dinner of the National Vet- 3525, supra; which was ordered to lie on the help others understand the impact of death erans Award; table. on children, and the need for support, and to Whereas these three events have been held SA 2885. Mr. LEE (for himself and Mr. provide ways for adults and young people to every year since 1954; MCCAIN) submitted an amendment intended show support and solidarity for grieving chil- Whereas the briefing for President Reagan to be proposed by him to the bill S. 3525, dren; by Elizabeth Dole for the Presidential Citi- supra; which was ordered to lie on the table. Whereas Children’s Grief Awareness Day is zens Medals cited Raymond Weeks as the SA 2886. Mr. LEE submitted an amendment observed every year on the Thursday before ‘‘Father of Veterans Day’’; intended to be proposed by him to the bill S. Thanksgiving, immediately preceding the Whereas President Reagan recognized Ray- 3525, supra; which was ordered to lie on the winter holidays, which can be a particularly mond Weeks as the driving force behind Vet- table. difficult time for grieving children; erans Day while presenting Raymond Weeks SA 2887. Mr. KOHL (for himself and Mr. Whereas individuals can participate in with the Presidential Citizens Medal on No- JOHNSON of Wisconsin) submitted an amend- Children’s Grief Awareness Day by engaging vember 11, 1982; ment intended to be proposed by him to the in activities that raise awareness of the Whereas Raymond Weeks should be recog- bill S. 3254, to authorize appropriations for needs of grieving children and by wearing nized for his push to honor the great men fiscal year 2013 for military activities of the blue on that day as a symbol of support for and women who have served their country Department of Defense, for military con- grieving children; with a special day of recognition; and struction, and for defense activities of the Whereas on November 15, 2012, thousands of Whereas Birmingham, Alabama, should be Department of Energy, to prescribe military children and adults from all walks of life and recognized for its contributions to the insti- personnel strengths for such fiscal year, and across the United States will join together tution of Veterans Day: Now, therefore, be it for other purposes; which was ordered to lie to show support for grieving children by par- Resolved, That the Senate— on the table. ticipating in Children’s Grief Awareness (1) recognizes Birmingham, Alabama, as SA 2888. Mr. KOHL (for himself and Mr. Day; and the home to the first and longest running BOOZMAN) submitted an amendment intended Whereas November 15, 2012, would be an ap- celebration of Veterans Day; to be proposed by him to the bill S. 3254, propriate day to designate as ‘‘Children’s (2) recognizes Raymond Weeks for his pio- supra; which was ordered to lie on the table. Grief Awareness Day’’ to help the public un- neering efforts in the establishment of Vet- SA 2889. Mr. PRYOR (for himself and Mr. derstand the devastating impact of the death erans Day; and BOOZMAN) submitted an amendment intended

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(A) by striking ‘‘court, in its discretion, reational hunting, fishing, and shooting, and ‘‘(2)(A) The report required by paragraph may’’ and inserting ‘‘court shall’’; and for other purposes; which was ordered to lie (1) shall account for all payments of fees and (B) by striking ‘‘unduly and unreasonably’’ on the table. other expenses awarded under this section and inserting ‘‘unduly or unreasonably’’; that are made pursuant to a settlement f (3) in paragraph (2)— agreement, regardless of whether the settle- (A) in subparagraph (A)(ii), by striking TEXT OF AMENDMENTS ment agreement is sealed or otherwise sub- ‘‘$125’’ and all that follows through the end ject to nondisclosure provisions, except that and inserting ‘‘$200 per hour.);’’; any version of the report made available to SA 2871. Mr. BARRASSO submitted (B) in subparagraph (B)(ii), by striking ‘‘; the public may not reveal any information except that’’ and all that follows through an amendment intended to be proposed the disclosure of which is contrary to the na- ‘‘section 601 of title 5;’’ and inserting ‘‘except by him to the bill S. 3525, to protect tional security of the United States. that— and enhance opportunities for rec- ‘‘(B) The disclosure of fees and other ex- ‘‘(I) the net worth of a party (other than an reational hunting, fishing, and shoot- penses required under subparagraph (A) does individual or a unit of local government) ing, and for other purposes; which was not affect any other information that is sub- shall include the net worth of any parent en- ordered to lie on the table; as follows: ject to nondisclosure provisions in the settle- tity or subsidiary of that party; and ment agreement. ‘‘(II) for purposes of subclause (I)— At the appropriate place, insert the fol- ‘‘(f) The Chairman of the Administrative lowing: ‘‘(aa) a ‘parent entity’ of a party is an enti- Conference shall create and maintain online ty that owns or controls the equity or other SEC. ll. MODIFICATION OF EQUAL ACCESS TO a searchable database containing the fol- JUSTICE PROVISIONS. evidences of ownership in that party; and lowing information with respect to each ‘‘(bb) a ‘subsidiary’ of a party is an entity (a) AGENCY PROCEEDINGS.—Section 504 of award of fees and other expenses under this title 5, United States Code, is amended— the equity or other evidences of ownership in section: which are owned or controlled by that (1) in subsection (a)— ‘‘(1) The name of each party to whom the (A) in paragraph (1)—— party;’’. award was made. (4) by adding at the end the following: (i) by inserting after the first sentence the ‘‘(2) The name of each counsel of record following: ‘‘Fees and other expenses may be ‘‘(5) The Director of the Office of Manage- representing each party to whom the award ment and Budget shall adjust the maximum awarded under this subsection only to a pre- was made. hourly fee set forth in paragraph (2)(A)(ii) for vailing party who has a direct and personal ‘‘(3) The agency to which the application the fiscal year beginning October 1, 2013, and interest in the adversary adjudication be- for the award was made. for each fiscal year thereafter, to reflect cause of medical costs, property damage, de- ‘‘(4) The name of each counsel of record changes in the Consumer Price Index, as de- nial of benefits, unpaid disbursement, fees representing the agency to which the appli- termined by the Secretary of Labor. and other expenses incurred in defense of the cation for the award was made. ‘‘(6)(A) The Chairman of the Administra- adjudication, interest in a policy concerning ‘‘(5) The name of each administrative law tive Conference of the United States shall re- such medical costs, property damage, denial judge, and the name of any other agency em- port annually to the Congress on the amount of benefits, unpaid disbursement, or fees and ployee serving in an adjudicative role, in the of fees and other expenses awarded during other expenses, or otherwise.’’; and adversary adjudication that is the subject of the preceding fiscal year pursuant to this (ii) by adding at the end the following: the application for the award. subsection. The report shall describe the ‘‘The agency conducting the adversary adju- ‘‘(6) The amount of the award. number, nature, and amount of the awards, dication shall make any party against whom ‘‘(7) The names and hourly rates of each the claims involved in each controversy, and the adjudication is brought, at the time the expert witness for whose services the award any other relevant information which may adjudication is commenced, aware of the was made under the application. aid the Congress in evaluating the scope and provisions of this section.’’; and ‘‘(8) The basis for the finding that the posi- impact of such awards. Each agency shall (B) in paragraph (3), in the first sentence— tion of the agency concerned was not sub- provide the Chairman with such information (i) by striking ‘‘may reduce’’ and inserting stantially justified. as is necessary for the Chairman to comply ‘‘shall reduce’’; and ‘‘(g) The online searchable database de- with the requirements of this paragraph. The (ii) by striking ‘‘unduly and unreasonably’’ scribed in subsection (f) may not reveal any report shall be made available to the public and inserting ‘‘unduly or unreasonably’’; information the disclosure of which is pro- online. (2) in subsection (b)(1)— hibited by law or court order, or the disclo- ‘‘(B) (i) The report required by subpara- (A) in subparagraph (A)(ii), by striking sure of which is contrary to the national se- graph (A) shall account for all payments of ‘‘$125 per hour’’ and all that follows through curity of the United States. fees and other expenses awarded under this the end and inserting ‘‘$200 per hour.);’’; and ‘‘(h) The Director of the Office of Manage- subsection that are made pursuant to a set- (B) in subparagraph (B)(ii), by striking ‘‘; ment and Budget shall adjust the maximum tlement agreement, regardless of whether except that’’ and all that follows through hourly fee set forth in subsection (b)(1)(A)(ii) the settlement agreement is sealed or other- ‘‘section 601;’’ and inserting ‘‘except that— for the fiscal year beginning October 1, 2013, wise subject to nondisclosure provisions, ex- ‘‘(I) the net worth of a party (other than an and for each fiscal year thereafter, to reflect cept that any version of the report made individual or a unit of local government) changes in the Consumer Price Index, as de- available to the public may not reveal any shall include the net worth of any parent en- termined by the Secretary of Labor.’’. information the disclosure of which is con- tity or subsidiary of that party; and (b) COURT CASES.—Section 2412(d) of title trary to the national security of the United ‘‘(II) for purposes of subclause (I)— 28, United States Code, is amended— States. ‘‘(aa) a ‘parent entity’ of a party is an enti- (1) by amending subsection (d)(1)(A) to ‘‘(ii) The disclosure of fees and other ex- ty that owns or controls the equity or other read as follows: penses required under clause (i) does not af- evidences of ownership in that party; and ‘‘(d)(1)(A) Except as otherwise specifically fect any other information that is subject to ‘‘(bb) a ‘subsidiary’ of a party is an entity provided by statute, a court, in any civil ac- nondisclosure provisions in the settlement the equity or other evidences of ownership in tion (other than cases sounding in tort), in- agreement. which are owned or controlled by that cluding proceedings for judicial review of ‘‘(C) The Chairman of the Administrative party;’’. agency action, brought by or against the Conference shall include and clearly identify (3) in subsection (c)(1), by striking ‘‘, United States in any court having jurisdic- in the annual report under subparagraph (A), United States Code’’; and tion of that action, shall award to a pre- for each case in which an award of fees and (4) by striking subsections (e) and (f) and vailing party (other than the United States) other expenses is included in the report— inserting the following: fees and other expenses, in addition to any ‘‘(i) any amounts paid from section 1304 of ‘‘(e)(1) The Chairman of the Administra- costs awarded pursuant to subsection (a), in- title 31 for a judgment in the case; tive Conference of the United States, after curred by that party in the civil action, un- ‘‘(ii) the amount of the award of fees and consultation with the Chief Counsel for Ad- less the court finds that the position of the other expenses; and vocacy of the Small Business Administra- United States was substantially justified or ‘‘(iii) the statute under which the plaintiff tion, shall report annually to the Congress that special circumstances make an award filed suit. on the amount of fees and other expenses unjust. Fees and other expenses may be ‘‘(7) The Chairman of the Administrative awarded during the preceding fiscal year pur- awarded under this paragraph only to a pre- Conference shall create and maintain online suant to this section. The report shall de- vailing party who has a direct and personal a searchable database containing the fol- scribe the number, nature, and amount of interest in the civil action because of med- lowing information with respect to each the awards, the claims involved in the con- ical costs, property damage, denial of bene- award of fees and other expenses under this troversy, and any other relevant information fits, unpaid disbursement, fees and other ex- subsection: that may aid the Congress in evaluating the penses incurred in defense of the civil action, ‘‘(A) The name of each party to whom the scope and impact of such awards. Each agen- interest in a policy concerning such medical award was made. cy shall provide the Chairman in a timely costs, property damage, denial of benefits, ‘‘(B) The name of each counsel of record manner all information necessary for the unpaid disbursement, or fees and other ex- representing each party to whom the award Chairman to comply with the requirements penses, or otherwise.’’; was made.

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‘‘(C) The agency involved in the case. (2) INCLUSION OF ADDITIONAL LAND.— TITLE II—NATIONAL FISH HABITAT ‘‘(D) The name of each counsel of record (A) IN GENERAL.—Effective on the date of Subtitle A—National Fish Habitat representing the agency involved in the case. enactment of this Act, the boundary of the ‘‘(E) The name of each judge in the case, Natchez Trace Parkway is adjusted to in- Sec. 201. Definitions. and the court in which the case was heard. clude the approximately 10 acres of land that Sec. 202. National Fish Habitat Board. ‘‘(F) The amount of the award. is generally depicted as ‘‘Proposed Addition’’ Sec. 203. Fish habitat partnerships. ‘‘(G) The names and hourly rates of each on the map. Sec. 204. Fish habitat conservation projects. expert witness for whose services the award (B) ADMINISTRATION.—The land added Sec. 205. National Fish Habitat Conserva- was made. under subparagraph (A) shall be adminis- tion Partnership Office. ‘‘(H) The basis for the finding that the po- tered by the Secretary as part of the Natchez Sec. 206. Technical and scientific assistance. sition of the agency concerned was not sub- Trace Parkway. Sec. 207. Conservation of aquatic habitat for stantially justified. fish and other aquatic orga- ‘‘(8) The online searchable database de- SA 2873. Mr. COCHRAN submitted an nisms on Federal land. scribed in paragraph (7) may not reveal any amendment intended to be proposed by Sec. 208. Coordination with States and In- information the disclosure of which is pro- him to the bill S. 3525, to protect and dian tribes. hibited by law or court order, or the disclo- enhance opportunities for recreational Sec. 209. Accountability and reporting. sure of which is contrary to the national se- hunting, fishing, and shooting, and for Sec. 210. Regulations. curity of the United States. Sec. 211. Effect of subtitle. ‘‘(9) The Attorney General of the United other purposes; which was ordered to lie on the table; as follows: Sec. 212. Nonapplicability of Federal Advi- States shall provide to the Chairman of the sory Committee Act. At the end, add the following: Administrative Conference of the United Sec. 213. Funding. States in a timely manner all information SEC. lll. TRANSFER OF YELLOW CREEK PORT necessary for the Chairman to carry out the PROPERTIES. Subtitle B—Duck Stamps Chairman’s responsibilities under this sub- In accordance with section 4(k) of the Ten- Sec. 221. Findings. section.’’. nessee Valley Authority Act of 1933 (16 Sec. 222. Cost of stamps. (c) CLERICAL AMENDMENT.—Section 2412(e) U.S.C. 831c(k)), Congress approves the con- Sec. 223. Waivers. of title 28, United States Code, is amended by veyance by the Tennessee Valley Authority, Sec. 224. Permanent electronic duck stamps. striking ‘‘of section 2412 of title 28, United on behalf of the United States, to the State of Mississippi of the Yellow Creek Port prop- Subtitle C—Joint Ventures to Protect States Code,’’ and inserting ‘‘of this sec- Migratory Bird Populations tion’’. erties owned by the United States and in the custody of the Tennessee Valley Authority Sec. 231. Purposes. SA 2872. Mr. COCHRAN submitted an at Iuka, Mississippi, as of the date of enact- Sec. 232. Definitions. amendment intended to be proposed by ment of this Act. Sec. 233. Joint Ventures Program. Sec. 234. Administration. him to the bill S. 3525, to protect and SA 2872. Mr. KERRY (for himself, Ms. enhance opportunities for recreational Sec. 235. Grants and other assistance. CANTWELL, Mrs. BOXER, Mr. BROWN of Sec. 236. Reporting. hunting, fishing, and shooting, and for Massachusetts, Mr. BLUMENTHAL, Mr. other purposes; which was ordered to Sec. 237. Relationship to other authorities. MENENDEZ, Mr. DURBIN, and Mr. LAU- Sec. 238. Federal Advisory Committee Act. lie on the table; as follows: TENBERG) submitted an amendment in- Subtitle D—Reauthorizations At the end, add the following: tended to be proposed by him to the Sec. 241. North American Wetlands Con- SEC. lll. NATCHEZ TRACE PARKWAY LAND bill S. 3525, to protect and enhance op- CONVEYANCE. servation Act. (a) SHORT TITLE.—This section may be portunities for recreational hunting, Sec. 242. Partners for Fish and Wildlife Act. cited as the ‘‘Natchez Trace Parkway Land fishing, and shooting, and for other Sec. 243. National Fish and Wildlife Founda- Conveyance Act of 2012’’. purposes; which was ordered to lie on tion reauthorization. (b) DEFINITIONS.—In this section: the table; as follows: Sec. 244. Multinational Species Conserva- (1) MAP.—The term ‘‘map’’ means the map Strike section 102. tion Funds Semipostal Stamp. entitled ‘‘Natchez Trace Parkway, Proposed Sec. 245. Multinational species conservation Boundary Change’’, numbered 604/105392, and SA 2875. Mr. REID (for Mr. TESTER) funds reauthorizations. dated November 2010. proposed an amendment to the bill S. Sec. 246. Neotropical Migratory Bird Con- (2) SECRETARY.—The term ‘‘Secretary’’ 3525, to protect and enhance opportuni- servation Act. means the Secretary of the Interior. ties for recreational hunting, fishing, Sec. 247. Federal Land Transaction Facilita- (3) STATE.—The term ‘‘State’’ means the and shooting, and for other purposes; tion Act. State of Mississippi. Sec. 248. Nutria eradication and control. (c) LAND CONVEYANCE.— as follows: (1) CONVEYANCE AUTHORITY.— Strike all after the enacting clause and in- TITLE I—HUNTING, FISHING, AND (A) IN GENERAL.—Subject to subparagraph sert the following: RECREATIONAL SHOOTING SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B), the Secretary shall convey to the State, Subtitle A—Hunting and Recreational (a) SHORT TITLE.—This Act may be cited as by quitclaim deed and without consider- Shooting ation, all right, title, and interest of the the ‘‘Sportsmen’s Act of 2012’’. (b) TABLE OF CONTENTS.—The table of con- SEC. 101. MAKING PUBLIC LAND PUBLIC. United States in and to the parcels of land tents of this Act is as follows: (a) IN GENERAL.—Section 3 of the Land and described in paragraph (2). Sec. 1. Short title; table of contents. Water Conservation Fund Act of 1965 (16 (B) COMPATIBLE USE.—The deed of convey- TITLE I—HUNTING, FISHING, AND U.S.C. 460l–6) is amended— ance to the parcel of land that is located RECREATIONAL SHOOTING (1) by striking ‘‘SEC. 3. APPROPRIATIONS.— southeast of U.S. Route 61/84 (commonly Subtitle A—Hunting and Recreational Moneys’’ and inserting the following: known as the ‘‘bean field property’’) shall re- Shooting serve an easement to the United States re- ‘‘SEC. 3. FUNDING. stricting the use of the parcel to only those Sec. 101. Making public land public. ‘‘(a) IN GENERAL.—Amounts’’; and Sec. 102. Permits for importation of polar (2) by adding at the end the following: uses that are compatible with the Natchez bear trophies taken in sport ‘‘(b) PRIORITY LIST.— Trace Parkway. hunts in Canada. (2) DESCRIPTION OF LAND.—The parcels of Sec. 103. Transporting bows through Na- ‘‘(1) IN GENERAL.—Subject to the avail- ability of appropriations and notwith- land referred to in paragraph (1) are the 2 tional Parks. standing any other provision of this Act, the parcels totaling approximately 67 acres gen- Subtitle B—Target Practice and Secretary of the Interior and the Secretary erally depicted as ‘‘Proposed Conveyance’’ on Marksmanship Training Support the map. of Agriculture shall ensure that, of the Sec. 111. Target practice and marksmanship amounts made available for the fund for each (3) AVAILABILITY OF MAP.—The map shall training. be on file and available for public inspection Sec. 112. Findings; purpose. fiscal year, not less than 1.5 percent of the in the appropriate offices of the National Sec. 113. Definition of public target range. amounts shall be made available for projects Park Service. Sec. 114. Amendments to Pittman-Robertson identified on the priority list developed (d) BOUNDARY ADJUSTMENTS.— Wildlife Restoration Act. under paragraph (2). (1) EXCLUSION OF CONVEYED LAND.—On com- Sec. 115. Sense of Congress regarding co- ‘‘(2) PRIORITY LIST.—The Secretary of the pletion of the conveyance to the State of the operation. Interior and the Secretary of Agriculture, in land described in subsection (c)(2), the Subtitle C—Fishing consultation with the head of each affected boundary of the Natchez Trace Parkway Sec. 121. Modification of definition of toxic Federal agency, shall annually develop a pri- shall be adjusted to exclude the conveyed substance to exclude sport fish- ority list for the sites under the jurisdiction land. ing equipment. of the applicable Secretary.

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‘‘(3) CRITERIA.—Projects identified on the cant financial and human resources to wild- ‘‘(A) is identified by a governmental agen- priority list developed under paragraph (2) life conservation and youth education pro- cy for recreational shooting; shall secure recreational public access to grams throughout the United States; and ‘‘(B) is open to the public; Federal public land in existence as of the (3) bowhunting contributes $38,000,000,000 ‘‘(C) may be supervised; and date of enactment of this subsection that has each year to the economy of the United ‘‘(D) may accommodate archery or rifle, significantly restricted access for hunting, States. pistol, or shotgun shooting;’’. fishing, and other recreational purposes (b) POSSESSION OF BOWS IN UNITS OF NA- (b) EXPENDITURES FOR MANAGEMENT OF through rights-of-way or acquisition of land TIONAL PARK SYSTEM OR NATIONAL WILDLIFE WILDLIFE AREAS AND RESOURCES.—Section (or any interest in land) from willing sell- REFUGE SYSTEM.— 8(b) of the Pittman-Robertson Wildlife Res- ers.’’. (1) IN GENERAL.—Subject to paragraph (2), toration Act (16 U.S.C. 669g(b)) is amended— (b) CONFORMING AMENDMENTS.— the Secretary of the Interior shall permit in- (1) by striking ‘‘(b) Each State’’ and insert- (1) LAND AND WATER CONSERVATION FUND dividuals carrying bows and crossbows to ing the following: ACT.—The Land and Water Conservation traverse national park land if the traverse ‘‘(b) EXPENDITURES FOR MANAGEMENT OF Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) is is— WILDLIFE AREAS AND RESOURCES.— amended— (A) for the sole purpose of hunting on adja- ‘‘(1) IN GENERAL.—Except as provided in (A) in the proviso at the end of section cent public or private land; and paragraph (2), each State’’; 2(c)(2) (16 U.S.C. 460l–5(c)(2)), by striking (B) the most direct means of access to the (2) in paragraph (1) (as so designated), by ‘‘notwithstanding the provisions of section 3 adjacent land. striking ‘‘construction, operation,’’ and in- of this Act’’; (2) USE.—Nothing in this section author- serting ‘‘operation’’; (B) in the first sentence of section 9 (16 izes the use of the bows or crossbows that are (3) in the second sentence, by striking U.S.C. 460l–10a), by striking ‘‘by section 3 of being carried while on national park land. ‘‘The non-Federal share’’ and inserting the this Act’’; and Subtitle B—Target Practice and following: (C) in the third sentence of section 10 (16 Marksmanship Training Support ‘‘(3) NON-FEDERAL SHARE.—The non-Federal U.S.C. 460l–10b), by striking ‘‘by section 3 of share’’; this Act’’. SEC. 111. TARGET PRACTICE AND MARKSMAN- SHIP TRAINING. (4) in the third sentence, by striking ‘‘The (2) FEDERAL LAND TRANSACTION FACILITA- This subtitle may be cited as the ‘‘Target Secretary’’ and inserting the following: TION ACT.—Section 206(f)(2) of the Federal ‘‘(4) REGULATIONS.—The Secretary’’; and Land Transaction Facilitation Act (43 U.S.C. Practice and Marksmanship Training Sup- (5) by inserting after paragraph (1) (as des- 2305(f)(2)) is amended by striking ‘‘section 3 port Act’’. ignated by paragraph (1) of this subsection) of the Land and Water Conservation Fund SEC. 112. FINDINGS; PURPOSE. the following: Act (16 U.S.C. 460l–6)’’ and inserting ‘‘the (a) FINDINGS.—Congress finds that— ‘‘(2) EXCEPTION.—Notwithstanding the lim- Land and Water Conservation Fund Act of (1) in recent years preceding the date of en- itation described in paragraph (1), a State 1965 (16 U.S.C. 460l–4 et seq.)’’. actment of this Act, portions of Federal land have been closed to target practice and may use the funds apportioned to the State SEC. 102. PERMITS FOR IMPORTATION OF POLAR under section 4(d) to pay up to 90 percent of BEAR TROPHIES TAKEN IN SPORT marksmanship training for many reasons; HUNTS IN CANADA. (2) the availability of public target ranges the cost of acquiring land for, expanding, or Section 104(c)(5) of the Marine Mammal on non-Federal land has been declining for a constructing a public target range.’’. Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is variety of reasons, including continued popu- (c) FIREARM AND BOW HUNTER EDUCATION amended by striking subparagraph (D) and lation growth and development near former AND SAFETY PROGRAM GRANTS.—Section 10 of inserting the following: ranges; the Pittman-Robertson Wildlife Restoration ‘‘(D)(i) The Secretary of the Interior shall, (3) providing opportunities for target prac- Act (16 U.S.C. 669h–1) is amended— expeditiously after the expiration of the ap- tice and marksmanship training at public (1) in subsection (a), by adding at the end plicable 30-day period under subsection target ranges on Federal and non-Federal the following: (d)(2), issue a permit for the importation of land can help— ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— any polar bear part (other than an internal (A) to promote enjoyment of shooting, rec- Of the amount apportioned to a State for organ) from a polar bear taken in a sport reational, and hunting activities; and any fiscal year under section 4(b), the State hunt in Canada to any person— (B) to ensure safe and convenient locations may elect to allocate not more than 10 per- ‘‘(I) who submits, with the permit applica- for those activities; cent, to be combined with the amount appor- tion, proof that the polar bear was legally (4) Federal law in effect on the date of en- tioned to the State under paragraph (1) for harvested by the person before February 18, actment of this Act, including the Pittman- that fiscal year, for acquiring land for, ex- 1997; or Robertson Wildlife Restoration Act (16 panding, or constructing a public target ‘‘(II) who has submitted, in support of a U.S.C. 669 et seq.), provides Federal support range.’’; permit application submitted before May 15, for construction and expansion of public tar- (2) by striking subsection (b) and inserting 2008, proof that the polar bear was legally get ranges by making available to States the following: harvested by the person before May 15, 2008, amounts that may be used for construction, ‘‘(b) COST SHARING.— from a polar bear population from which a operation, and maintenance of public target ‘‘(1) IN GENERAL.—Except as provided in sport-hunted trophy could be imported be- ranges; and paragraph (2), the Federal share of the cost fore that date in accordance with section (5) it is in the public interest to provide in- of any activity carried out using a grant 18.30(i) of title 50, Code of Federal Regula- creased Federal support to facilitate the con- under this section shall not exceed 75 percent tions. struction or expansion of public target of the total cost of the activity. ‘‘(ii) The Secretary shall issue permits ranges. ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR under clause (i)(I) without regard to subpara- (b) PURPOSE.—The purpose of this subtitle EXPANSION.—The Federal share of the cost of graphs (A) and (C)(ii) of this paragraph, sub- is to facilitate the construction and expan- acquiring land for, expanding, or con- section (d)(3), and sections 101 and 102. Sec- sion of public target ranges, including ranges structing a public target range in a State on tions 101(a)(3)(B) and 102(b)(3) shall not apply on Federal land managed by the Forest Serv- Federal or non-Federal land pursuant to this to the importation of any polar bear part au- ice and the Bureau of Land Management. section or section 8(b) shall not exceed 90 thorized by a permit issued under clause SEC. 113. DEFINITION OF PUBLIC TARGET percent of the cost of the activity.’’; and (i)(I). This clause shall not apply to polar RANGE. (3) in subsection (c)(1)— bear parts that were imported before June In this subtitle, the term ‘‘public target (A) by striking ‘‘Amounts made’’ and in- 12, 1997. range’’ means a specific location that— serting the following: ‘‘(iii) The Secretary shall issue permits (1) is identified by a governmental agency ‘‘(A) IN GENERAL.—Except as provided in under clause (i)(II) without regard to sub- for recreational shooting; subparagraph (B), amounts made’’; and paragraph (C)(ii) of this paragraph or sub- (2) is open to the public; (B) by adding at the end the following: section (d)(3). Sections 101(a)(3)(B) and (3) may be supervised; and ‘‘(B) EXCEPTION.—Amounts provided for ac- 102(b)(3) shall not apply to the importation (4) may accommodate archery or rifle, pis- quiring land for, constructing, or expanding of any polar bear part authorized by a permit tol, or shotgun shooting. a public target range shall remain available issued under clause (i)(II). This clause shall SEC. 114. AMENDMENTS TO PITTMAN-ROBERT- for expenditure and obligation during the 5- not apply to polar bear parts that were im- SON WILDLIFE RESTORATION ACT. fiscal-year period beginning on October 1 of ported before the date of enactment of the (a) DEFINITIONS.—Section 2 of the Pittman- the first fiscal year for which the amounts Sportsmen’s Act of 2012.’’. Robertson Wildlife Restoration Act (16 are made available.’’. SEC. 103. TRANSPORTING BOWS THROUGH NA- U.S.C. 669a) is amended— (d) TECHNICAL AND CONFORMING AMEND- TIONAL PARKS. (1) by redesignating paragraphs (2) through MENTS TO THE PITTMAN-ROBERTSON WILDLIFE (a) FINDINGS.—Congress finds that— (8) as paragraphs (3) through (9), respec- RESTORATION ACT.— (1) bowhunters are known worldwide as tively; and (1) TECHNICAL AMENDMENTS.—Section 4 of among the most skilled, ethical, and con- (2) by inserting after paragraph (1) the fol- the Pittman-Robertson Wildlife Restoration servation-minded of all hunters; lowing: Act (16 U.S.C. 669c) is amended— (2) bowhunting organizations at the Fed- ‘‘(2) the term ‘public target range’ means a (A) by redesignating subsection (d) as sub- eral, State, and local level contribute signifi- specific location that— section (e); and

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(B) by striking ‘‘(c) APPORTIONMENT’’ and (ii) protects the quality and quantity of (13) SECRETARY.—The term ‘‘Secretary’’ inserting ‘‘(d) APPORTIONMENT’’. water sources; means the Secretary of the Interior. (2) CONFORMING AMENDMENTS.— (iii) provides public access for the use of (14) STATE AGENCY.—The term ‘‘State agen- (A) DEFINITIONS.—Section 2(6) of the Pitt- fishery resources; or cy’’ means— man-Robertson Wildlife Restoration Act (16 (iv) serves as a buffer protecting the aquat- (A) the fish and wildlife agency of a State; U.S.C. 669a(6)) is amended by striking ‘‘sec- ic environment. (B) any department or division of a depart- tion 4(d)’’ and inserting ‘‘section 4(e)’’. (3) ASSISTANT ADMINISTRATOR.—The term ment or agency of a State that manages in (B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Assistant Administrator’’ means the As- the public trust the inland or marine fishery Section 3(c)(2) of the Pittman-Robertson sistant Administrator for Fisheries of the resources or the habitat for those fishery re- Wildlife Restoration Act (16 U.S.C. 669b(c)(2)) National Oceanic and Atmospheric Adminis- sources of the State pursuant to State law or is amended by striking ‘‘sections 4(d) and tration. the constitution of the State; or (e)’’ and inserting ‘‘section 4(e)’’. (4) BOARD.—The term ‘‘Board’’ means the (C) the fish and wildlife agency of the Com- SEC. 115. SENSE OF CONGRESS REGARDING CO- National Fish Habitat Board established by monwealth of Puerto Rico, Guam, the Virgin OPERATION. section 202(a)(1). Islands, or any other territory or possession It is the sense of Congress that, consistent (5) CONSERVATION; CONSERVE; MANAGE; MAN- of the United States. with applicable laws (including regulations), AGEMENT.—The terms ‘‘conservation’’, ‘‘con- SEC. 202. NATIONAL FISH HABITAT BOARD. the Chief of the Forest Service and the Di- serve’’, ‘‘manage’’, and ‘‘management’’ mean (a) ESTABLISHMENT.— rector of the Bureau of Land Management to protect, sustain, and, where appropriate, (1) IN GENERAL.—There is established a should cooperate with State and local au- restore and enhance, using methods and pro- board, to be known as the ‘‘National Fish thorities and other entities to implement cedures associated with modern scientific re- Habitat Board’’— best practices for waste management and re- source programs (including protection, re- (A) to promote, oversee, and coordinate the moval and carry out other related activities search, census, law enforcement, habitat implementation of this subtitle and the Na- tional Fish Habitat Action Plan; on any Federal land used as a public target management, propagation, live trapping and (B) to establish national goals and prior- range to encourage continued use of that transplantation, and regulated taking)— ities for aquatic habitat conservation; land for target practice or marksmanship (A) a healthy population of fish, wildlife, (C) to designate Partnerships; and training. or plant life; (D) to review and make recommendations (B) a habitat required to sustain fish, wild- Subtitle C—Fishing regarding fish habitat conservation projects. life, or plant life; or SEC. 121. MODIFICATION OF DEFINITION OF (2) MEMBERSHIP.—The Board shall be com- (C) a habitat required to sustain fish, wild- TOXIC SUBSTANCE TO EXCLUDE posed of 27 members, of whom— life, or plant life productivity. SPORT FISHING EQUIPMENT. (A) 1 shall be the Director; IRECTOR.—The term ‘‘Director’’ means (a) IN GENERAL.—Section 3(2)(B) of the (6) D (B) 1 shall be the Assistant Administrator; Toxic Substances Control Act (15 U.S.C. the Director of the United States Fish and (C) 1 shall be the Chief of the Natural Re- 2602(2)(B)) is amended— Wildlife Service. sources Conservation Service; (1) in clause (v), by striking ‘‘, and’’ and in- (7) FISH.— (D) 1 shall be the Chief of the Forest Serv- serting ‘‘, or any component of any such arti- (A) IN GENERAL.—The term ‘‘fish’’ means ice; cle when included in the article including, any freshwater, diadromous, estuarine, or (E) 1 shall be the Assistant Administrator without limitation, shot, bullets and other marine finfish or shellfish. for Water of the Environmental Protection projectiles, propellants, and primers,’’; (B) INCLUSIONS.—The term ‘‘fish’’ includes Agency; (2) in clause (vi) by striking the period at the egg, spawn, spat, larval, and other juve- (F) 1 shall be the President of the Associa- the end and inserting ‘‘, and’’; and nile stages of an organism described in sub- tion of Fish and Wildlife Agencies; (3) by inserting after clause (vi) the fol- paragraph (A). (G) 1 shall be the Secretary of the Board of lowing: (8) FISH HABITAT CONSERVATION PROJECT.— Directors of the National Fish and Wildlife ‘‘(vii) any sport fishing equipment (as such (A) IN GENERAL.—The term ‘‘fish habitat Foundation appointed pursuant to section term is defined in section 4162(a) of the Inter- conservation project’’ means a project that— 3(g)(2)(B) of the National Fish and Wildlife nal Revenue Code of 1986, without regard to (i) is submitted to the Board by a Partner- Foundation Establishment Act (16 U.S.C. paragraphs (6) through (9) thereof) the sale of ship and approved by the Secretary under 3702(g)(2)(B)); which is subject to the tax imposed by sec- section 204; and (H) 4 shall be representatives of State tion 4161(a) of such Code (determined with- (ii) provides for the conservation or man- agencies, 1 of whom shall be nominated by a out regard to any exemptions from such tax agement of an aquatic habitat. regional association of fish and wildlife as provided by section 4162 or 4221 or any (B) INCLUSIONS.—The term ‘‘fish habitat agencies from each of the Northeast, South- other provision of such Code), and sport fish- conservation project’’ includes— east, Midwest, and Western regions of the ing equipment components.’’. (i) the provision of technical assistance to United States; (b) RELATIONSHIP TO OTHER LAW.—Nothing a State, Indian tribe, or local community by (I) 1 shall be a representative of the Amer- in this section or any amendment made by the National Fish Habitat Conservation ican Fisheries Society; this section affects or limits the application Partnership Office or any other agency to fa- (J) 2 shall be representatives of Indian of or obligation to comply with any other cilitate the development of strategies and tribes, of whom— Federal, State or local law. priorities for the conservation of aquatic (i) 1 shall represent Indian tribes from the habitats; or TITLE II—NATIONAL FISH HABITAT State of Alaska; and (ii) the obtaining of a real property inter- (ii) 1 shall represent Indian tribes from the Subtitle A—National Fish Habitat est in land or water, including water rights, other States; SEC. 201. DEFINITIONS. in accordance with terms and conditions (K) 1 shall be a representative of the Re- In this subtitle: that ensure that the real property will be ad- gional Fishery Management Councils estab- (1) APPROPRIATE CONGRESSIONAL COMMIT- ministered for the long-term conservation lished under section 302 of the Magnuson- TEES.—The term ‘‘appropriate congressional of— Stevens Fishery Conservation and Manage- committees’’ means— (I) the land or water; and ment Act (16 U.S.C. 1852); (A) the Committee on Commerce, Science, (II) the fish dependent on the land or (L) 1 shall be a representative of the Ma- and Transportation and the Committee on water. rine Fisheries Commissions, which is com- Environment and Public Works of the Sen- (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ posed of— ate; and has the meaning given the term in section 4 (i) the Atlantic States Marine Fisheries (B) the Committee on Natural Resources of of the Indian Self-Determination and Edu- Commission; the House of Representatives. cation Assistance Act (25 U.S.C. 450b). (ii) the Gulf States Marine Fisheries Com- (2) AQUATIC HABITAT.— (10) NATIONAL FISH HABITAT ACTION PLAN.— mission; and (A) IN GENERAL.—The term ‘‘aquatic habi- The term ‘‘National Fish Habitat Action (iii) the Pacific States Marine Fisheries tat’’ means any area on which an aquatic or- Plan’’ means the National Fish Habitat Ac- Commission; ganism depends, directly or indirectly, to tion Plan dated April 24, 2006, and any subse- (M) 1 shall be a representative of the carry out the life processes of the organism, quent revisions or amendments to that plan. Sportfishing and Boating Partnership Coun- including an area used by the organism for (11) PARTNERSHIP.—The term ‘‘Partner- cil; and spawning, incubation, nursery, rearing, ship’’ means an entity designated by the (N) 10 shall be representatives selected growth to maturity, food supply, or migra- Board as a Fish Habitat Conservation Part- from each of the following groups: tion. nership pursuant to section 203(a). (i) The recreational sportfishing industry. (B) INCLUSIONS.—The term ‘‘aquatic habi- (12) REAL PROPERTY INTEREST.—The term (ii) The commercial fishing industry. tat’’ includes an area adjacent to an aquatic ‘‘real property interest’’ means an ownership (iii) Marine recreational anglers. environment, if the adjacent area— interest in— (iv) Freshwater recreational anglers. (i) contributes an element, such as the (A) land; (v) Terrestrial resource conservation orga- input of detrital material or the promotion (B) water (including water rights); or nizations. of a planktonic or insect population pro- (C) a building or object that is perma- (vi) Aquatic resource conservation organi- viding food, that makes fish life possible; nently affixed to land. zations.

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(vii) The livestock and poultry production (e) PROCEDURES.— fish habitat conservation projects rec- industry. (1) IN GENERAL.—The Board shall establish ommended by the Partnership for annual (viii) The land development industry. procedures to carry out the business of the funding under this subtitle. (ix) The row crop industry. Board, including— (b) RECOMMENDATIONS BY BOARD.—Not (x) Natural resource commodity interests, (A) a requirement that a quorum of the later than July 1 of each calendar year, the such as petroleum or mineral extraction. members of the Board be present to transact Board shall submit to the Secretary a de- (3) COMPENSATION.—A member of the Board business; scription, including estimated costs, of each shall serve without compensation. (B) a requirement that no recommenda- fish habitat conservation project that the (4) TRAVEL EXPENSES.—A member of the tions may be adopted by the Board, except Board recommends that the Secretary ap- Board shall be allowed travel expenses, in- by the vote of 2⁄3 of all members present and prove and fund under this subtitle, in order cluding per diem in lieu of subsistence, at voting; of priority, for the following fiscal year. rates authorized for an employee of an agen- (C) procedures for establishing national (c) CONSIDERATIONS.—The Board shall se- cy under subchapter I of chapter 57 of title 5, goals and priorities for aquatic habitat con- lect each fish habitat conservation project to United States Code, while away from the servation for the purposes of this subtitle; be recommended to the Secretary under sub- home or regular place of business of the (D) procedures for designating Partner- section (b)— member in the performance of the duties of ships under section 203; and (1) based on a recommendation of the Part- the Board. (E) procedures for reviewing, evaluating, nership that is, or will be, participating ac- (b) APPOINTMENT AND TERMS.— and making recommendations regarding fish tively in carrying out the fish habitat con- (1) IN GENERAL.—Except as otherwise pro- habitat conservation projects. servation project; and vided in this subsection, a member of the (2) QUORUM.—A majority of the members of (2) after taking into consideration— Board described in any of subparagraphs (H) the Board shall constitute a quorum. (A) the extent to which the fish habitat through (N) of subsection (a)(2) shall serve SEC. 203. FISH HABITAT PARTNERSHIPS. conservation project fulfills a purpose of this for a term of 3 years. (a) AUTHORITY TO DESIGNATE.—The Board subtitle or a goal of the National Fish Habi- (2) INITIAL BOARD MEMBERSHIP.— may designate Fish Habitat Partnerships in tat Action Plan; (A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the accordance with this section. (B) the extent to which the fish habitat representatives of the board established by (b) PURPOSES.—The purposes of a Partner- conservation project addresses the national the National Fish Habitat Action Plan shall ship shall be— priorities established by the Board; appoint the initial members of the Board de- (1) to coordinate the implementation of (C) the availability of sufficient non-Fed- scribed in subparagraphs (H) through (I) and the National Fish Habitat Action Plan at a eral funds to match Federal contributions (K) through (N) of subsection (a)(2). regional level; for the fish habitat conservation project, as (B) TRIBAL REPRESENTATIVES.—Not later (2) to identify strategic priorities for fish required by subsection (e); than 180 days after the enactment of this habitat conservation; (D) the extent to which the fish habitat Act, the Secretary shall provide to the board (3) to recommend to the Board fish habitat conservation project— established by the National Fish Habitat Ac- conservation projects that address a stra- (i) increases fishing opportunities for the tion Plan a recommendation of not less than tegic priority of the Board; and public; 4 tribal representatives, from which that (4) to develop and carry out fish habitat (ii) will be carried out through a coopera- board shall appoint 2 representatives pursu- conservation projects. tive agreement among Federal, State, and ant to subparagraph (J) of subsection (a)(2). (c) APPLICATIONS.—An entity seeking to be local governments, Indian tribes, and private (3) TRANSITIONAL TERMS.—Of the members designated as a Partnership shall submit to entities; described in subsection (a)(2)(N) initially ap- the Board an application at such time, in (iii) increases public access to land or pointed to the Board— such manner, and containing such informa- water; (A) 4 shall be appointed for a term of 1 tion as the Board may reasonably require. (iv) advances the conservation of fish and year; (d) APPROVAL.—The Board may approve an wildlife species that are listed, or are can- (B) 4 shall be appointed for a term of 2 application for a Partnership submitted didates to be listed, as threatened species or years; and under subsection (c) if the Board determines endangered species under the Endangered (C) 3 shall be appointed for a term of 3 that the applicant— Species Act of 1973 (16 U.S.C. 1531 et seq.); years. (1) includes representatives of a diverse (v) where appropriate, advances the con- (4) VACANCIES.— group of public and private partners, includ- servation of fish and fish habitats under the (A) IN GENERAL.—A vacancy of a member of ing Federal, State, or local governments, Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) the Board described in any of subparagraphs nonprofit entities, Indian tribes, and private and other relevant Federal law and State (H) through (I) or (K) through (N) of sub- individuals, that are focused on conservation wildlife action plans; and section (a)(2) shall be filled by an appoint- of aquatic habitats to achieve results across (vi) promotes resilience such that desired ment made by the remaining members of the jurisdictional boundaries on public and pri- biological communities are able to persist Board. vate land; and adapt to environmental stressors such as (B) TRIBAL REPRESENTATIVES.—Following a (2) is organized to promote the health of climate change; and vacancy of a member of the Board described important aquatic habitats and distinct geo- (E) the substantiality of the character and in subparagraph (J) of subsection (a)(2), the graphical areas, keystone fish species, or design of the fish habitat conservation Secretary shall recommend to the Board not system types, including reservoirs, natural project. less than 4 tribal representatives, from lakes, coastal and marine environments, and (d) LIMITATIONS.— which the remaining members of the Board estuaries; (1) REQUIREMENTS FOR EVALUATION.—No shall appoint a representative to fill the va- (3) identifies strategic fish and aquatic fish habitat conservation project may be rec- cancy. habitat priorities for the Partnership area in ommended by the Board under subsection (b) (5) CONTINUATION OF SERVICE.—An indi- the form of geographical focus areas or key or provided financial assistance under this vidual whose term of service as a member of stressors or impairments to facilitate stra- subtitle unless the fish habitat conservation the Board expires may continue to serve on tegic planning and decisionmaking; project includes an evaluation plan de- the Board until a successor is appointed. (4) is able to address issues and priorities signed— (6) REMOVAL.—If a member of the Board de- on a nationally significant scale; (A) to appropriately assess the biological, scribed in any of subparagraphs (H) through (5) includes a governance structure that— ecological, or other results of the habitat (N) of subsection (a)(2) misses 3 consecutive (A) reflects the range of all partners; and protection, restoration, or enhancement ac- regularly scheduled Board meetings, the (B) promotes joint strategic planning and tivities carried out using the assistance; members of the Board may— decisionmaking by the applicant; (B) to reflect appropriate changes to the (A) vote to remove that member; and (6) demonstrates completion of, or signifi- fish habitat conservation project if the as- (B) appoint another individual in accord- cant progress toward the development of, a sessment substantiates that the fish habitat ance with paragraph (4). strategic plan to address the causes of sys- conservation project objectives are not being (c) CHAIRPERSON.— tem decline in fish populations, rather than met; and (1) IN GENERAL.—The Board shall elect a simply treating symptoms in accordance (C) to require the submission to the Board member of the Board to serve as Chairperson with the National Fish Habitat Action Plan; of a report describing the findings of the as- of the Board. and sessment. (2) TERM.—The Chairperson of the Board (7) ensures collaboration in developing a (2) ACQUISITION OF REAL PROPERTY INTER- shall serve for a term of 3 years. strategic vision and implementation pro- ESTS.— (d) MEETINGS.— gram that is scientifically sound and achiev- (A) IN GENERAL.—No fish habitat conserva- (1) IN GENERAL.—The Board shall meet— able. tion project that will result in the acquisi- (A) at the call of the Chairperson; but SEC. 204. FISH HABITAT CONSERVATION tion by the State, local government, or other (B) not less frequently than twice each cal- PROJECTS. non-Federal entity, in whole or in part, of endar year. (a) SUBMISSION TO BOARD.—Not later than any real property interest may be rec- (2) PUBLIC ACCESS.—All meetings of the March 31 of each calendar year, each Part- ommended by the Board under subsection (b) Board shall be open to the public. nership shall submit to the Board a list of or provided financial assistance under this

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subtitle unless the project meets the require- (4) LIMITATION.—If the Secretary, or the (5) WAIVER OF REQUIREMENT.—The Sec- ments of subparagraph (B). Secretary and the Secretary of Commerce retary may waive all or part of the non-Fed- (B) REQUIREMENTS.— jointly, has not approved, rejected, or reor- eral contribution requirement under section (i) IN GENERAL.—A real property interest dered the priority of the recommendations of 204(e)(1) if the Secretary determines that— may not be acquired pursuant to a fish habi- the Board for fish habitat conservation (A) no reasonable means are available tat conservation project by a State, public projects by the date that is 180 days after the through which the affected applicant can agency, or other non-Federal entity unless date of receipt of the recommendations, the meet the requirement; and the State, agency, or other non-Federal enti- recommendations shall be considered to be (B) the probable benefit of the relevant fish ty is obligated to undertake the manage- approved. habitat conservation project outweighs the ment of the property being acquired in ac- SEC. 205. NATIONAL FISH HABITAT CONSERVA- public interest in meeting the requirement. cordance with the purposes of this subtitle. TION PARTNERSHIP OFFICE. (e) REPORTS.—Not less frequently than (ii) ADDITIONAL CONDITIONS.—Any real (a) ESTABLISHMENT.—Not later than 1 year once each year, the Director shall provide to property interest acquired by a State, local after the date of enactment of this Act, the the Board a report describing the activities government, or other non-Federal entity Director shall establish an office, to be of the National Fish Habitat Conservation pursuant to a fish habitat conservation known as the ‘‘National Fish Habitat Con- Partnership Office. project shall be subject to terms and condi- servation Partnership Office’’, within the United States Fish and Wildlife Service. SEC. 206. TECHNICAL AND SCIENTIFIC ASSIST- tions that ensure that the interest will be ANCE. administered for the long-term conservation (b) FUNCTIONS.—The National Fish Habitat and management of the aquatic ecosystem Conservation Partnership Office shall— (a) IN GENERAL.—The Director, the Assist- and the fish and wildlife dependent on that (1) provide funding to support the detail of ant Administrator, and the Director of the ecosystem. State and tribal fish and wildlife staff to the United States Geological Survey, in coordi- Office; nation with the Forest Service and other ap- (e) NON-FEDERAL CONTRIBUTIONS.— (2) facilitate the cooperative development propriate Federal departments and agencies, (1) IN GENERAL.—Except as provided in and approval of Partnerships; shall provide scientific and technical assist- paragraph (2), no fish habitat conservation (3) assist the Secretary and the Board in ance to the Partnerships, participants in fish project may be recommended by the Board carrying out this subtitle; habitat conservation projects, and the under subsection (b) or provided financial as- (4) assist the Secretary in carrying out the Board. sistance under this subtitle unless at least 50 requirements of sections 206 and 208; percent of the cost of the fish habitat con- (b) INCLUSIONS.—Scientific and technical (5) facilitate communication, cohesiveness, servation project will be funded with non- assistance provided pursuant to subsection and efficient operations for the benefit of Federal funds. (a) may include— Partnerships and the Board; (2) PROJECTS ON FEDERAL LAND OR WATER.— (1) providing technical and scientific as- (6) facilitate, with assistance from the Di- Notwithstanding paragraph (1), Federal sistance to States, Indian tribes, regions, rector, the Assistant Administrator, and the funds may be used for payment of 100 percent local communities, and nongovernmental or- President of the Association of Fish and of the costs of a fish habitat conservation ganizations in the development and imple- Wildlife Agencies, the consideration of fish project located on Federal land or water. mentation of Partnerships; habitat conservation projects by the Board; (3) NON-FEDERAL SHARE.—The non-Federal (2) providing technical and scientific as- (7) provide support to the Director regard- share of the cost of a fish habitat conserva- sistance to Partnerships for habitat assess- ing the development and implementation of tion project— ment, strategic planning, and prioritization; the interagency operational plan under sub- (A) may not be derived from a Federal (3) supporting the development and imple- section (c); grant program; but mentation of fish habitat conservation (8) coordinate technical and scientific re- (B) may include in-kind contributions and projects that are identified as high priorities porting as required by section 209; cash. by Partnerships and the Board; (9) facilitate the efficient use of resources (4) SPECIAL RULE FOR INDIAN TRIBES.—Not- (4) supporting and providing recommenda- and activities of Federal departments and withstanding paragraph (1) or any other pro- tions regarding the development of science- agencies to carry out this subtitle in an effi- vision of law, any funds made available to an based monitoring and assessment approaches cient manner; and Indian tribe pursuant to this subtitle may be for implementation through Partnerships; (10) provide support to the Board for na- considered to be non-Federal funds for the (5) supporting and providing recommenda- tional communication and outreach efforts purpose of paragraph (1). tions for a national fish habitat assessment; that promote public awareness of fish habi- and (f) APPROVAL.— tat conservation. (6) ensuring the availability of experts to (1) IN GENERAL.—Not later than 180 days (c) INTERAGENCY OPERATIONAL PLAN.—Not conduct scientifically based evaluation and after the date of receipt of the recommenda- later than 1 year after the date of enactment tions of the Board for fish habitat conserva- reporting of the results of fish habitat con- of this Act, and every 5 years thereafter, the servation projects. tion projects under subsection (b), and based, Director, in cooperation with the Assistant to the maximum extent practicable, on the Administrator and the heads of other appro- SEC. 207. CONSERVATION OF AQUATIC HABITAT criteria described in subsection (c)— priate Federal departments and agencies, FOR FISH AND OTHER AQUATIC OR- GANISMS ON FEDERAL LAND. (A) the Secretary shall approve, reject, or shall develop an interagency operational reorder the priority of any fish habitat con- plan for the National Fish Habitat Conserva- To the extent consistent with the mission servation project recommended by the Board tion Partnership Office that describes— and authority of the applicable department that is not within a marine or estuarine (1) the functional, operational, technical, or agency, the head of each Federal depart- habitat; and scientific, and general staff, administrative, ment and agency responsible for acquiring, (B) the Secretary and the Secretary of and material needs of the Office; and managing, or disposing of Federal land or Commerce shall jointly approve, reject, or (2) any interagency agreements between or water shall cooperate with the Assistant Ad- reorder the priority of any fish habitat con- among Federal departments and agencies to ministrator and the Director to conserve the servation project recommended by the Board address those needs. aquatic habitats for fish and other aquatic that is within a marine or estuarine habitat. (d) STAFF AND SUPPORT.— organisms within the land and water of the (2) FUNDING.—If the Secretary, or the Sec- (1) DEPARTMENTS OF INTERIOR AND COM- department or agency. retary and the Secretary of Commerce joint- MERCE.—The Director and the Assistant Ad- SEC. 208. COORDINATION WITH STATES AND IN- ly, approves a fish habitat conservation ministrator shall each provide appropriate DIAN TRIBES. project under paragraph (1), the Secretary, staff to support the National Fish Habitat The Secretary shall provide a notice to, or the Secretary and the Secretary of Com- Conservation Partnership Office, subject to and coordinate with, the appropriate State merce jointly, shall use amounts made avail- the availability of funds under section 213. agency or tribal agency, as applicable, of able to carry out this subtitle to provide (2) STATES AND INDIAN TRIBES.—Each State each State and Indian tribe within the funds to carry out the fish habitat conserva- and Indian tribe is encouraged to provide boundaries of which an activity is planned to tion project. staff to support the National Fish Habitat be carried out pursuant to this subtitle by (3) NOTIFICATION.—If the Secretary, or the Conservation Partnership Office. not later than 30 days before the date on Secretary and the Secretary of Commerce (3) DETAILEES AND CONTRACTORS.—The Na- which the activity is implemented. jointly, rejects or reorders the priority of tional Fish Habitat Conservation Partner- any fish habitat conservation project rec- ship Office may accept staff or other admin- SEC. 209. ACCOUNTABILITY AND REPORTING. ommended by the Board under subsection istrative support from other entities— (a) IMPLEMENTATION REPORTS.— (b), the Secretary, or the Secretary and the (A) through interagency details; or (1) IN GENERAL.—Not later than 2 years Secretary of Commerce jointly, shall provide (B) as contractors. after the date of enactment of this Act, and to the Board and the appropriate Partner- (4) QUALIFICATIONS.—The staff of the Na- every 2 years thereafter, the Board shall sub- ship a written statement of the reasons that tional Fish Habitat Conservation Partner- mit to the appropriate congressional com- the Secretary, or the Secretary and the Sec- ship Office shall include members with edu- mittees a report describing the implementa- retary of Commerce jointly, rejected or cation and experience relating to the prin- tion of— modified the priority of the fish habitat con- ciples of fish, wildlife, and aquatic habitat (A) this subtitle; and servation project. conservation. (B) the National Fish Habitat Action Plan.

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(2) CONTENTS.—Each report submitted an Indian tribe recognized by treaty or any (A) $500,000 to the Secretary for use by the under paragraph (1) shall include— other means, including— United States Fish and Wildlife Service; (A) an estimate of the number of acres, (1) an agreement between the Indian tribe (B) $500,000 to the Assistant Administrator stream miles, or acre-feet (or other suitable and the United States; for use by the National Oceanic and Atmos- measure) of aquatic habitat that was pro- (2) Federal law (including regulations); pheric Administration; and tected, restored, or enhanced under the Na- (3) an Executive order; or (C) $500,000 to the Secretary for use by the tional Fish Habitat Action Plan by Federal, (4) a judicial decree. United States Geological Survey. State, or local governments, Indian tribes, or (d) ADJUDICATION OF WATER RIGHTS.—Noth- (4) PLANNING AND ADMINISTRATIVE EX- other entities in the United States during ing in this subtitle diminishes or affects the PENSES.—There is authorized to be appro- the 2-year period ending on the date of sub- ability of the Secretary to join an adjudica- priated to the Secretary for each of fiscal mission of the report; tion of rights to the use of water pursuant to years 2012 through 2016 for use by the Board, (B) a description of the public access to subsection (a), (b), or (c) of section 208 of the the Director, and the Assistant Adminis- aquatic habitats protected, restored, or es- Department of Justice Appropriation Act, trator for planning and administrative ex- tablished under the National Fish Habitat 1953 (43 U.S.C. 666). penses an amount equal to 4 percent of the Action Plan during that 2-year period; (e) EFFECT ON OTHER AUTHORITIES.— amount appropriated for the applicable fiscal (C) a description of the opportunities for (1) ACQUISITION OF LAND AND WATER.—Noth- year pursuant to paragraph (1). public fishing established under the National ing in this subtitle alters or otherwise af- (b) AGREEMENTS AND GRANTS.—The Sec- Fish Habitat Action Plan during that period; fects the authorities, responsibilities, obliga- retary may— and tions, or powers of the Secretary to acquire (1) on the recommendation of the Board, (D) an assessment of the status of fish land, water, or an interest in land or water and notwithstanding sections 6304 and 6305 of habitat conservation projects carried out under any other provision of law. title 31, United States Code, and the Federal with funds provided under this subtitle dur- (2) PRIVATE PROPERTY PROTECTION.—Noth- Financial Assistance Management Improve- ing that period, disaggregated by year, in- ing in this subtitle permits the use of funds ment Act of 1999 (31 U.S.C. 6101 note; Public cluding— made available to carry out this subtitle to Law 106–107), enter into a grant agreement, (i) a description of the fish habitat con- acquire real property or a real property in- cooperative agreement, or contract with a servation projects recommended by the terest without the written consent of each Partnership or other entity for a fish habitat Board under section 204(b); owner of the real property or real property conservation project or restoration or en- (ii) a description of each fish habitat con- interest. hancement project; servation project approved by the Secretary (3) MITIGATION.—Nothing in this subtitle (2) apply for, accept, and use a grant from under section 204(f), in order of priority for permits the use of funds made available to any individual or entity to carry out the funding; carry out this subtitle for fish and wildlife purposes of this subtitle; and (iii) a justification for— mitigation purposes under— (3) make funds available to any Federal de- (I) the approval of each fish habitat con- (A) the Federal Water Pollution Control partment or agency for use by that depart- servation project; and Act (33 U.S.C. 1251 et seq.); ment or agency to provide grants for any (II) the order of priority for funding of each (B) the Fish and Wildlife Coordination Act fish habitat protection project, restoration fish habitat conservation project; (16 U.S.C. 661 et seq.); project, or enhancement project that the (iv) a justification for any rejection or re- (C) the Water Resources Development Act Secretary determines to be consistent with ordering of the priority of each fish habitat of 1986 (Public Law 99–662; 100 Stat. 4082); or this subtitle. conservation project recommended by the (D) any other Federal law or court settle- (c) DONATIONS.— Board under section 204(b) that was based on ment. (1) IN GENERAL.—The Secretary may— a factor other than the criteria described in SEC. 212. NONAPPLICABILITY OF FEDERAL ADVI- (A) enter into an agreement with any orga- section 204(c); and SORY COMMITTEE ACT. nization described in section 501(c)(3) of the (v) an accounting of expenditures by Fed- The Federal Advisory Committee Act (5 Internal Revenue Code of 1986 that is exempt eral, State, or local governments, Indian U.S.C. App.) shall not apply to— from taxation under section 501(a) of that tribes, or other entities to carry out fish (1) the Board; or Code to solicit private donations to carry habitat conservation projects. (2) any Partnership. out the purposes of this subtitle; and (b) STATUS AND TRENDS REPORT.—Not later SEC. 213. FUNDING. (B) accept donations of funds, property, and services to carry out the purposes of this than December 31, 2012, and every 5 years (a) AUTHORIZATION OF APPROPRIATIONS.— subtitle. thereafter, the Board shall submit to the ap- (1) FISH HABITAT CONSERVATION PROJECTS.— propriate congressional committees a report There is authorized to be appropriated to the (2) TREATMENT.—A donation accepted describing the status of aquatic habitats in Secretary $7,200,000 for each of fiscal years under this section— the United States. 2012 through 2016 to provide funds for— (A) shall be considered to be a gift or be- (c) REVISIONS.—Not later than December (A) fish habitat conservation projects ap- quest to, or otherwise for the use of, the 31, 2013, and every 5 years thereafter, the proved under section 204(f), of which 5 per- United States; and Board shall revise the goals and other ele- cent shall be made available for each fiscal (B) may be— ments of the National Fish Habitat Action year for projects carried out by Indian (i) used directly by the Secretary; or Plan, after consideration of each report re- tribes; and (ii) provided to another Federal depart- quired by subsection (b). (B) the operational needs of the Partner- ment or agency through an interagency SEC. 210. REGULATIONS. ships, including funding for activities such agreement. The Secretary may promulgate such regu- as planning, project development and imple- Subtitle B—Duck Stamps lations as the Secretary determines to be mentation, coordination, monitoring, eval- SEC. 221. FINDINGS. necessary to carry out this subtitle. uation, communication, and outreach. Congress finds that— SEC. 211. EFFECT OF SUBTITLE. (2) NATIONAL FISH HABITAT CONSERVATION (1) Federal Migratory Bird Hunting and (a) WATER RIGHTS.—Nothing in this sub- PARTNERSHIP OFFICE.— Conservation Stamps (commonly known as title— (A) IN GENERAL.—There is authorized to be ‘‘duck stamps’’) were created in 1934 as Fed- (1) establishes any express or implied re- appropriated to the Secretary for each of fis- eral licenses required for hunting migratory served water right in the United States for cal years 2012 through 2016 for the National waterfowl; any purpose; Fish Habitat Conservation Partnership Of- (2)(A) duck stamps are a vital tool for wet- (2) affects any water right in existence on fice, and to carry out section 209, an amount land conservation; the date of enactment of this Act; equal to 5 percent of the amount appro- (B) 98 percent of the receipts from duck (3) preempts or affects any State water law priated for the applicable fiscal year pursu- stamp sales are used to acquire important or interstate compact governing water; or ant to paragraph (1). migratory bird breeding, migration, and win- (4) affects any Federal or State law in ex- (B) REQUIRED TRANSFERS.—The Secretary tering habitat, which are added to the Na- istence on the date of enactment of the Act shall annually transfer to other Federal de- tional Wildlife Refuge System; and regarding water quality or water quantity. partments and agencies such percentage of (C) those benefits extend to all wildlife, (b) STATE AUTHORITY.—Nothing in this sub- the amounts made available pursuant to sub- not just ducks; title— paragraph (A) as is required to support par- (3) since inception, the Federal duck stamp (1) affects the authority, jurisdiction, or ticipation by those departments and agen- program— responsibility of a State to manage, control, cies in the National Fish Habitat Conserva- (A) has generated more than $750,000,000; or regulate fish and wildlife under the laws tion Partnership Office pursuant to the (B) has preserved more than 5,000,000 acres and regulations of the State; or interagency operational plan under section of wetland and wildlife habitat; and (2) authorizes the Secretary to control or 205(c). (C) is considered among the most success- regulate within a State the fishing or hunt- (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— ful conservation programs ever initiated; ing of fish and wildlife. There are authorized to be appropriated for (4)(A) since 1934, when duck stamps cost $1, (c) EFFECT ON INDIAN TRIBES.—Nothing in each of fiscal years 2012 through 2016 to carry the price has been increased 7 times to the this subtitle abrogates, abridges, affects, out, and provide technical and scientific as- price in effect on the date of enactment of modifies, supersedes, or alters any right of sistance under, section 206— this Act of $15, which took effect in 1991; and

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(B) the price of the duck stamp has not in- (B) INCLUSION.—The term ‘‘automated li- (A) by not later than the date on which the creased since 1991, the longest single period censing system’’ includes a point-of-sale, electronic stamp expires under subsection without an increase in program history; and Internet, telephonic system, or other elec- (f)(3); and (5) with the price unchanged during the 20- tronic applications used for a purpose de- (B) in a manner agreed on by the State and year period ending on the date of enactment scribed in subparagraph (A). Secretary. of this Act, duck stamps have lost 40 percent (3) ELECTRONIC STAMP.—The term ‘‘elec- (2) COLLECTION AND TRANSFER OF ELEC- of the value of the duck stamps based on the tronic stamp’’ means an electronic version of TRONIC STAMP REVENUE AND CUSTOMER INFOR- consumer price index, while the United an actual stamp that— MATION.— (A) is a unique identifier for the individual States Fish and Wildlife Service reports the (A) REQUIREMENT TO TRANSMIT.—The Sec- to whom it is issued; price of land in targeted wetland areas has retary shall require each State authorized to (B) can be printed on paper or produced tripled from an average of $306 to $1,091 per issue electronic stamps to collect and submit through an electronic application with the acre. to the Secretary in accordance with this sub- same indicators as the State endorsement SEC. 222. COST OF STAMPS. section— Section 2 of the Migratory Bird Hunting provides; (C) is issued through a State automated li- (i) the first name, last name, and complete and Conservation Stamp Act (16 U.S.C. 718b) mailing address of each individual that pur- is amended by striking subsection (b) and in- censing system that is authorized, under State law and by the Secretary under this chases an electronic stamp from the State; serting the following: (ii) the face value amount of each elec- ‘‘(b) COST OF STAMPS.— section, to issue electronic stamps; tronic stamp sold by the State; and ‘‘(1) IN GENERAL.—For the 3-calendar-year (D) is compatible with the hunting licens- (iii) the amount of the Federal portion of period beginning with calendar year 2013, and ing system of the State that issues the elec- any fee required by the agreement for each for each 3-calendar-year period thereafter, tronic stamp; and stamp sold. the Secretary, in consultation with the Mi- (E) is described in the State application (B) TIME OF TRANSMITTAL.—The Secretary gratory Bird Conservation Commission, shall approved by the Secretary under subsection establish the amount to be collected under (c). shall require the submission under subpara- paragraph (2) for each stamp sold under this (4) SECRETARY.—The term ‘‘Secretary’’ graph (A) to be made with respect to sales of section. means the Secretary of the Interior. electronic stamps by a State according to (b) AUTHORITY TO ISSUE ELECTRONIC DUCK ‘‘(2) COLLECTION OF AMOUNTS.—The United the written agreement between the Sec- States Postal Service, the Department of the STAMPS.— retary and the State agency. Interior, or any other agent approved by the (1) IN GENERAL.—The Secretary may au- (C) ADDITIONAL FEES NOT AFFECTED.—This Department of the Interior shall collect the thorize any State to issue electronic stamps subsection shall not apply to the State por- amount established under paragraph (1) for in accordance with this section. tion of any fee collected by a State under each stamp sold under this section for a (2) CONSULTATION.—The Secretary shall im- paragraph (3). hunting year if the Secretary determines, at plement this subsection in consultation with (3) ELECTRONIC STAMP ISSUANCE FEE.—A any time before February 1 of the calendar State management agencies. State authorized to issue electronic stamps (c) STATE APPLICATION.— year during which the hunting year begins, may charge a reasonable fee to cover costs (1) APPROVAL OF APPLICATION REQUIRED.— that all amounts described in paragraph (3) incurred by the State and the Department of The Secretary may not authorize a State to have been obligated for expenditure. the Interior in issuing electronic stamps issue electronic stamps under this section ‘‘(3) AMOUNTS.—The amounts described in under this section, including costs of deliv- unless the Secretary has received and ap- this paragraph are amounts in the Migratory ery of actual stamps. proved an application submitted by the Bird Conservation Fund that are available (4) DUPLICATE ELECTRONIC STAMPS.—A State in accordance with this subsection. for obligation and attributable to— State authorized to issue electronic stamps (2) NUMBER OF NEW STATES.—The Secretary ‘‘(A) amounts appropriated pursuant to may issue a duplicate electronic stamp to re- may determine the number of new States per this Act for the fiscal year ending in the im- year to participate in the electronic stamp place an electronic stamp issued by the mediately preceding calendar year; and program. State that is lost or damaged. ‘‘(B) the sale of stamps under this section (5) LIMITATION ON AUTHORITY TO REQUIRE (3) CONTENTS OF APPLICATION.—The Sec- during that fiscal year.’’. retary may not approve a State application PURCHASE OF STATE LICENSE.—A State may SEC. 223. WAIVERS. unless the application contains— not require that an individual purchase a Section 1(a) of the Migratory Bird Hunting (A) a description of the format of the elec- State hunting license as a condition of and Conservation Stamp Act (16 U.S.C. tronic stamp that the State will issue under issuing an electronic stamp under this sec- 718a(a)) is amended— this section, including identifying features tion. (1) in paragraph (1), by inserting ‘‘and sub- of the licensee that will be specified on the (f) ELECTRONIC STAMP REQUIREMENTS; REC- section (d)’’ after ‘‘paragraph (2)’’; and stamp; (2) by adding at the end the following: OGNITION OF ELECTRONIC STAMP.— (B) a description of any fee the State will (1) STAMP REQUIREMENTS.—The Secretary ‘‘(d) WAIVERS.— charge for issuance of an electronic stamp; ‘‘(1) IN GENERAL.—The Secretary, in con- shall require an electronic stamp issued by a (C) a description of the process the State State under this section— sultation with the Migratory Bird Conserva- will use to account for and transfer to the tion Commission, may waive requirements (A) to have the same format as any other Secretary the amounts collected by the license, validation, or privilege the State under this section for such individuals as the State that are required to be transferred to Secretary, in consultation with the Migra- issues under the automated licensing system the Secretary under the program; of the State; and tory Bird Conservation Commission, deter- (D) the manner by which the State will (B) to specify identifying features of the li- mines to be appropriate. transmit electronic stamp customer data to censee that are adequate to enable Federal, ‘‘(2) LIMITATION.—In making the deter- the Secretary; State, and other law enforcement officers to mination described in paragraph (1), the Sec- (E) the manner by which actual stamps identify the holder. retary shall grant only those waivers the will be delivered; (2) RECOGNITION OF ELECTRONIC STAMP.— Secretary determines will have a minimal (F) the policies and procedures under adverse effect on funds to be deposited in the which the State will issue duplicate elec- Any electronic stamp issued by a State Migratory Bird Conservation Fund estab- tronic stamps; and under this section shall, during the effective lished under section 4(a)(3).’’. (G) such other policies, procedures, and in- period of the electronic stamp— SEC. 224. PERMANENT ELECTRONIC DUCK formation as may be reasonably required by (A) bestow on the licensee the same privi- STAMPS. the Secretary. leges as are bestowed by an actual stamp; (a) DEFINITIONS.—In this section: (d) PUBLICATION OF DEADLINES, ELIGIBILITY (B) be recognized nationally as a valid Fed- (1) ACTUAL STAMP.—The term ‘‘actual REQUIREMENTS, AND SELECTION CRITERIA.— eral migratory bird hunting and conserva- stamp’’ means a Federal migratory-bird Not later than 30 days before the date on tion stamp; and hunting and conservation stamp required which the Secretary begins accepting appli- (C) authorize the licensee to hunt migra- under the Act of March 16, 1934 (16 U.S.C. cations under this section, the Secretary tory waterfowl in any other State, in accord- 718a et seq.) (popularly known as the ‘‘Duck shall publish— ance with the laws of the other State gov- Stamp Act’’), that is printed on paper and (1) deadlines for submission of applica- erning that hunting. sold through the means established by the tions; (3) DURATION.—An electronic stamp issued authority of the Secretary immediately be- (2) eligibility requirements for submitting by a State shall be valid for a period agreed fore the date of enactment of this Act. applications; and to by the State and the Secretary, which (2) AUTOMATED LICENSING SYSTEM.— (3) criteria for approving applications. shall not exceed 45 days. (A) IN GENERAL.—The term ‘‘automated li- (e) STATE OBLIGATIONS AND AUTHORITIES.— censing system’’ means an electronic, com- (1) DELIVERY OF ACTUAL STAMP.—The Sec- (g) TERMINATION OF STATE PARTICIPA- puterized licensing system used by a State retary shall require that each individual to TION.—The authority of a State to issue elec- fish and wildlife agency to issue hunting, whom a State sells an electronic stamp tronic stamps under this section may be ter- fishing, and other associated licenses and under this section shall receive an actual minated— products. stamp— (1) by the Secretary, if the Secretary—

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(A) finds that the State has violated any of (7) MIGRATORY BIRDS.—The term ‘‘migra- that affect migratory bird habitats, and rep- the terms of the application of the State ap- tory birds’’ means those species included in resentatives from the States, Indian tribes, proved by the Secretary under subsection (c); the list of migratory birds that appears in and other relevant stakeholders, and may in- and section 10.13 of title 50, Code of Federal Reg- clude— (B) provides to the State written notice of ulations, under the authority of the Migra- (A) regional governments and Indian the termination by not later than the date tory Bird Treaty Act. tribes; that is 30 days before the date of termi- (8) PROGRAM.—The term ‘‘Program’’ means (B) academia or the scientific community; nation; or the Joint Ventures Program conducted in ac- (C) nongovernmental landowners or land (2) by the State, by providing written no- cordance with this subtitle. managers; tice to the Secretary by not later than the (9) SECRETARY.—The term ‘‘Secretary’’ (D) nonprofit conservation or other rel- date that is 30 days before the termination means the Secretary of the Interior. evant organizations with expertise in migra- date. (10) SERVICE.—The term ‘‘Service’’ means tory bird conservation, or in fish and wildlife Subtitle C—Joint Ventures to Protect the United States Fish and Wildlife Service. conservation generally; and Migratory Bird Populations (11) STATE.—The term ‘‘State’’ means— (E) private organizations with a dedicated SEC. 231. PURPOSES. (A) any State of the United States, the interest in conserving migratory birds and The purpose of this subtitle is to authorize District of Columbia, the Commonwealth of their habitats. the Secretary of the Interior, acting through Puerto Rico, Guam, the Virgin Islands, (3) FUNCTIONS AND RESPONSIBILITIES.—Sub- the Director, to carry out a partnership pro- American Samoa, and the Commonwealth of ject to applicable Federal and State law, the gram called the ‘‘Joint Ventures Program’’, the Northern Mariana Islands; and Management Board shall— in coordination with other Federal agencies (B) one or more agencies of a State govern- (A) appoint a coordinator for the Joint with management authority over fish and ment responsible under State law for man- Venture in consultation with the Director; wildlife resources and the States, to develop, aging fish or wildlife resources. (B) identify other full- or part-time admin- implement, and support innovative, vol- SEC. 233. JOINT VENTURES PROGRAM. istrative and technical non-Federal employ- untary, cooperative, and effective conserva- (a) IN GENERAL.—The Secretary, acting ees necessary to perform the functions of the tion strategies and conservation actions— through the Director, shall carry out a Joint Joint Venture and meet objectives specified (1) to promote, primarily, sustainable pop- Ventures Program that— in the Implementation Plan; and ulations of migratory birds, and, second- (1) provides financial and technical assist- (C) establish committees or other organi- arily, the fish and wildlife species associated ance to support regional migratory bird con- zational entities necessary to implement the with their habitats; servation partnerships; Implementation Plan in accordance with (2) to encourage stakeholder and govern- (2) develops and implements plans to pro- subsection (c). ment partnerships consistent with the goals tect and enhance migratory bird populations (4) USE OF SERVICE AND FEDERAL AGENCY of protecting, improving, and restoring habi- throughout their range, that are focused on EMPLOYEES.—Subject to the availability of tat; regional landscapes and habitats that sup- appropriations and upon the request from a (3) to establish, implement, and improve port those populations; and Management Board, and after consultation science-based migratory bird conservation (3) complements and supports activities by plans and promote and facilitate broader with and approval of the Director, the head the Secretary and the Director to fulfill obli- of any Federal agency may detail to the landscape-level conservation of fish and gations under— wildlife habitat; and Management Board, on a reimbursable or (A) the Migratory Bird Treaty Act (16 nonreimbursable basis, any agency personnel (4) to support the goals and objectives of U.S.C. 701 et seq.); the North American Waterfowl Management to assist the Joint Venture in performing its (B) the Migratory Bird Conservation Act functions under this subtitle. Plan and other relevant national and re- (16 U.S.C. 715 et seq.); gional, multipartner conservation initia- (C) the Neotropical Migratory Bird Con- (c) IMPLEMENTATION PLAN.— tives, treaties, conventions, agreements, or servation Act (16 U.S.C. 6101 et seq.); (1) IN GENERAL.—Each Joint Venture Man- strategies entered into by the United States, (D) the North American Wetlands Con- agement Board shall develop and maintain and implemented by the Secretary, that pro- servation Act (16 U.S.C. 4401 et seq.); an Implementation Plan that shall contain, mote the conservation of migratory birds (E) the Fish and Wildlife Conservation Act at a minimum, the following elements: and the habitats of migratory birds. of 1980 (16 U.S.C. 2901 et seq.); and (A) A strategic framework for migratory SEC. 232. DEFINITIONS. (F) the Partners for Fish and Wildlife Act bird conservation. In this subtitle: (16 U.S.C. 3771 et seq.). (B) Provisions for effective communication (1) CONSERVATION ACTION.—The term ‘‘con- (b) COORDINATION WITH STATES.—In the ad- among member participants within the Joint servation action’’ means activities that— ministration of the program authorized Venture. (A) support the protection, restoration, under this section, the Director shall coordi- (C) A long-term strategy to conduct public adaptive management, conservation, or en- nate and cooperate with the States to fulfill outreach and education regarding the pur- hancement of migratory bird populations, the purposes of this subtitle. poses and activities of the Joint Venture and their terrestrial, wetland, marine, or other SEC. 234. ADMINISTRATION. activities to regularly communicate to the habitats, and other wildlife species supported general public information generated by the by those habitats, including— (a) PARTNERSHIP AGREEMENTS.— Joint Venture. (i) biological and geospatial planning; (1) IN GENERAL.—The Director may enter (D) Coordination with laws and conserva- (ii) landscape and conservation design; into an agreement with eligible partners to tion plans that are relevant to migratory (iii) habitat protection, enhancement, and achieve the purposes described in section 231. birds, and other relevant regional, national, restoration; (2) ELIGIBLE PARTNERS.—The eligible part- or international initiatives identified by the (iv) monitoring and tracking; ners referred to in paragraph (1) are the fol- (v) applied research; and lowing: Director to conserve migratory birds, their (vi) public outreach and education; and (A) Federal and State agencies and Indian habitats, ecological functions, and associ- (B) incorporate adaptive management and tribes. ated populations of fish and wildlife. science-based monitoring, where applicable, (B) Affected regional and local govern- (E) An organizational plan that— to improve outcomes and ensure efficient ments, private landowners, land managers, (i) identifies the representative member- and effective use of Federal funds. and other private stakeholders. ship of the Management Board and includes (2) DIRECTOR.—The term ‘‘Director’’ means (C) Nongovernmental organizations with procedures for updating the membership of the Director of the United States Fish and expertise in bird conservation or fish and the Management Board as appropriate; Wildlife Service. wildlife conservation or natural resource and (ii) describes the organizational structure (3) IMPLEMENTATION PLAN.—The term ‘‘Im- landscape management generally. of the Joint Venture, including proposed plementation Plan’’ means an Implementa- (D) Other relevant stakeholders, as deter- committees and subcommittees, and proce- tion Plan approved by the Director under mined by the Director. dures for revising and updating the struc- section 232. (b) MANAGEMENT BOARD.— ture, as necessary; and (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) IN GENERAL.—A partnership agreement (iii) provides a strategy to increase stake- has the meaning given that term in section for a Joint Venture under this section shall holder participation or membership in the 4 of the Indian Self-Determination and Edu- establish a Management Board in accordance Joint Venture. cation Assistance Act (25 U.S.C. 450b). with this subsection. (F) Procedures to coordinate the develop- (5) JOINT VENTURE.—The term ‘‘Joint Ven- (2) MEMBERSHIP.—The Management Board ment, implementation, oversight, moni- ture’’ means a self-directed, voluntary part- shall include a diversity of members rep- toring, tracking, and reporting of conserva- nership, established and conducted for the resenting stakeholder interests from the ap- tion actions approved by the Management purposes described in section 231 and in ac- propriate geographic region, including, as Board and an evaluation process to deter- cordance with section 233. appropriate, representatives from the Serv- mine overall effectiveness of activities un- (6) MANAGEMENT BOARD.—The term ‘‘Man- ice and other Federal agencies that have dertaken by the Joint Venture. agement Board’’ means a Joint Venture management authority over fish and wildlife (2) REVIEW.—A Joint Venture Implementa- Management Board established in accord- resources on public lands or in the marine tion Plan shall be submitted to the Director ance with section 233. environment, or that implement programs for approval.

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(3) APPROVAL.—The Director shall approve (B) may consult with appropriate, Indian Conservation Act (16 U.S.C. 4403(a)(1)(B)) is an Implementation Plan submitted by the tribes, Flyway Councils, or regional con- amended by striking ‘‘Secretary of the Management Board for a Joint Venture if servation organizations, public and private Board’’ and inserting ‘‘Executive Director of the Director finds that— landowners, members of academia and the the Board’’. (A) implementation of the plan would pro- scientific community, and other nonprofit (b) RIGHTS AND OBLIGATIONS OF THE FOUN- mote the purposes of this subtitle described conservation or private stakeholders. DATION.—Section 4 of the National Fish and in section 231; (4) PUBLIC COMMENT.—The Secretary, (B) the members of the Joint Venture have through the Director, shall provide for ade- Wildlife Foundation Establishment Act (16 demonstrated the capacity to implement quate opportunities for general public review U.S.C. 3703) is amended— conservation actions identified in the Imple- and comment of the Program as part of the (1) in subsection (c)— mentation Plan; and 5-year evaluations conducted pursuant to (A) by striking ‘‘(c) POWERS.—To carry out (C) the plan includes coordination with this subsection. its purposes under’’ and inserting the fol- other relevant and active conservation plans SEC. 237. RELATIONSHIP TO OTHER AUTHORI- lowing: or programs within the geographic scope of TIES. ‘‘(c) POWERS.— the Joint Venture. (a) AUTHORITIES, ETC. OF SECRETARY.— ‘‘(1) IN GENERAL.—To carry out the pur- SEC. 235. GRANTS AND OTHER ASSISTANCE. Nothing in this subtitle affects authorities, poses described in’’; (a) IN GENERAL.—Except as provided in responsibilities, obligations, or powers of the (B) by redesignating paragraphs (1) subsection (b), and subject to the avail- Secretary under any other Act. through (11) as subparagraphs (A) through (b) STATE AUTHORITY.—Nothing in this sub- ability of appropriations, the Director may (K), respectively, and indenting appro- award financial assistance to implement a title preempts any provision or enforcement priately; Joint Venture through— of a State statute or regulation relating to (C) in subparagraph (D) (as redesignated by (1) support of the activities of the Manage- the management of fish and wildlife re- subparagraph (B)), by striking ‘‘that are in- ment Board of the Joint Venture and to pay sources within such State. sured by an agency or instrumentality of the for necessary administrative costs and serv- SEC. 238. FEDERAL ADVISORY COMMITTEE ACT. United States’’ and inserting ‘‘at 1 or more ices, personnel, and meetings, travel, and The Federal Advisory Committee Act (5 financial institutions that are members of other business activities; and U.S.C. App.) shall not apply to any boards, (2) support for specific conservation ac- committees, or other groups established the Federal Deposit Insurance Corporation tions and other activities necessary to carry under this subtitle. or the Securities Investment Protection Cor- poration’’; out the Implementation Plan. Subtitle D—Reauthorizations (b) LIMITATION.—A Joint Venture is not eli- (D) in subparagraph (E) (as redesignated by gible for assistance or support authorized in SEC. 241. NORTH AMERICAN WETLANDS CON- subparagraph (B)), by striking ‘‘paragraph (3) SERVATION ACT. this section unless the Joint Venture is oper- or (4)’’ and inserting ‘‘subparagraph (C) or Section 7(c)(5) of the North American Wet- ating under an Implementation Plan ap- (D)’’; lands Conservation Act (16 U.S.C. 4406(c)(5)) proved by the Director under section 234. (E) in subparagraph (J) (as redesignated by is amended by striking ‘‘2012’’ and inserting (c) TECHNICAL ASSISTANCE.—The Secretary, subparagraph (B)), by striking ‘‘; and’’ and ‘‘2017’’. through the Director, may provide technical inserting a semicolon; and administrative assistance for implemen- SEC. 242. PARTNERS FOR FISH AND WILDLIFE (F) by striking subparagraph (K) (as redes- tation of Joint Ventures and the expenditure ACT. Section 5 of the Partners for Fish and ignated by subparagraph (B)) and inserting of financial assistance under this subsection. the following: (d) ACCEPTANCE AND USE OF DONATIONS.— Wildlife Act (16 U.S.C. 3774) is amended by ‘‘(K) to receive and administer restitution The Secretary, through the Director, may striking ‘‘2011’’ and inserting ‘‘2017’’. and community service payments, amounts accept and use donations of funds, gifts, and SEC. 243. NATIONAL FISH AND WILDLIFE FOUN- in-kind contributions to provide assistance DATION REAUTHORIZATION. for mitigation of impacts to natural re- under this section. (a) BOARD OF DIRECTORS OF THE FOUNDA- sources, and other amounts arising from legal, regulatory, or administrative pro- SEC. 236. REPORTING. TION.— ceedings, subject to the condition that the (a) ANNUAL REPORTS BY MANAGEMENT (1) IN GENERAL.—Section 3 of the National BOARDS.—The Secretary, acting through the Fish and Wildlife Foundation Establishment amounts are received or administered for Director, shall— Act (16 U.S.C. 3702) is amended— purposes that further the conservation and (1) require each Management Board to sub- (A) in subsection (b)— management of fish, wildlife, plants, and mit annual reports for all approved Joint (i) by striking paragraph (2) and inserting other natural resources; and Ventures of the Management Board; and the following: ‘‘(L) to do any and all acts necessary and (2) establish guidance for Joint Venture ‘‘(2) IN GENERAL.—After consulting with proper to carry out the purposes of the Foun- annual reports, including contents and any the Secretary of Commerce and considering dation.’’; and necessary processes or procedures. the recommendations submitted by the (G) by striking the undesignated matter at (b) JOINT VENTURE PROGRAM 5-YEAR RE- Board, the Secretary of the Interior shall ap- the end and inserting the following: VIEWS.— point 28 Directors who, to the maximum ex- ‘‘(2) TREATMENT OF REAL PROPERTY.— (1) IN GENERAL.—The Secretary, acting tent practicable, shall— ‘‘(A) IN GENERAL.—For purposes of this through the Director, shall at 5 years after ‘‘(A) be knowledgeable and experienced in Act, an interest in real property shall be the date of enactment of this Act and at 5- matters relating to conservation of fish, treated as including easements or other year intervals thereafter, complete an objec- wildlife, or other natural resources; and rights for preservation, conservation, protec- tive and comprehensive review and evalua- ‘‘(B) represent a balance of expertise in tion, or enhancement by and for the public of tion of the Program. ocean, coastal, freshwater, and terrestrial re- natural, scenic, historic, scientific, edu- (2) REVIEW CONTENTS.—Each review under source conservation.’’; and cational, inspirational, or recreational re- this subsection shall include— (ii) by striking paragraph (3) and inserting sources. (A) an evaluation of the effectiveness of the following: ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, the Program in meeting the purpose of this ‘‘(3) TERMS.—Each Director (other than a devise, or bequest may be accepted by the subtitle specified in section 231; Director described in paragraph (1)) shall be Foundation even though the gift, devise, or (B) an evaluation of all approved Imple- appointed for a term of 6 years.’’; and bequest is encumbered, restricted, or subject mentation Plans, especially the effectiveness (B) in subsection (g)(2)— to beneficial interests of private persons if of existing conservation strategies, prior- (i) in subparagraph (A), by striking ‘‘(A) any current or future interest in the gift, de- ities, and methods to meet the objectives of Officers and employees may not be appointed vise, or bequest is for the benefit of the such plans and fulfill the purpose of this sub- until the Foundation has sufficient funds to Foundation. title; and pay them for their service. Officers’’ and in- ‘‘(3) SAVINGS CLAUSE.—The acceptance and (C) recommendations to revise the Pro- serting the following: administration of amounts by the Founda- gram or to amend or otherwise revise Imple- ‘‘(A) IN GENERAL.—Officers’’; and tion under paragraph (1)(K) does not alter, mentation Plans to ensure that activities (ii) by striking subparagraph (B) and in- supersede, or limit any regulatory or statu- undertaken pursuant to this subtitle address serting the following: tory requirement associated with those the effects of climate change on migratory ‘‘(B) EXECUTIVE DIRECTOR.—The Founda- amounts.’’; bird populations and their habitats, and fish tion shall have an Executive Director who (2) by striking subsections (f) and (g); and and wildlife habitats, in general. shall be— (3) by redesignating subsections (h) and (i) (3) CONSULTATION.—The Secretary, acting ‘‘(i) appointed by, and serve at the direc- as subsections (f) and (g), respectively. through the Director, in the implementation tion of, the Board as the chief executive offi- of this subsection— cer of the Foundation; and (c) AUTHORIZATION OF APPROPRIATIONS.— (A) shall consult with other appropriate ‘‘(ii) knowledgeable and experienced in Section 10 of the National Fish and Wildlife Federal agencies with responsibility for the matters relating to fish and wildlife con- Foundation Establishment Act (16 U.S.C. conservation or management of fish and servation.’’. 3709) is amended— wildlife habitat and appropriate State agen- (2) CONFORMING AMENDMENT.—Section (1) in subsection (a), by striking paragraph cies; and 4(a)(1)(B) of the North American Wetlands (1) and inserting the following:

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‘‘(1) IN GENERAL.—There are authorized to Establishment Act (16 U.S.C. 3710) is amend- ‘‘(4) the Lincoln County Conservation, be appropriated to carry out this Act for ed by inserting ‘‘exclusive’’ before ‘‘author- Recreation, and Development Act of 2004 each of fiscal years 2012 through 2017— ity’’. (Public Law 108–424; 118 Stat. 2403); ‘‘(A) $20,000,000 to the Secretary of the In- SEC. 244. MULTINATIONAL SPECIES CONSERVA- ‘‘(5) subtitle F of title I of the Omnibus terior; TION FUNDS SEMIPOSTAL STAMP. Public Land Management Act of 2009 (16 ‘‘(B) $5,000,000 to the Secretary of Agri- Section 2(c) of the Multinational Species U.S.C. 1132 note; Public Law 111–11); culture; and Conservation Funds Semipostal Stamp Act ‘‘(6) subtitle O of title I of the Omnibus ‘‘(C) $5,000,000 to the Secretary of Com- of 2010 (Public Law 111–241; 39 U.S.C. 416 Public Land Management Act of 2009 (16 merce.’’; note) is amended— U.S.C. 460www note, 1132 note; Public Law (2) in subsection (b)— (1) in paragraph (2), by striking ‘‘2 years’’ 111–11); (A) by striking paragraph (1) and inserting and inserting ‘‘6 years’’; and ‘‘(7) section 2601 of the Omnibus Public the following: (2) by adding at the end the following: Land Management Act of 2009 (Public Law ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— ‘‘(5) STAMP DEPICTIONS.—Members of the 111–11; 123 Stat. 1108); or ‘‘(A) IN GENERAL.—In addition to the public shall be offered a choice of 5 stamps ‘‘(8) section 2606 of the Omnibus Public amounts authorized to be appropriated under under this Act, depicting an African ele- Land Management Act of 2009 (Public Law subsection (a), Federal departments, agen- phant or an Asian elephant, a rhinoceros, a 111–11; 123 Stat. 1121).’’. tiger, a marine turtle, and a great ape, re- cies, or instrumentalities may provide funds SEC. 248. NUTRIA ERADICATION AND CONTROL. spectively.’’. to the Foundation, subject to the condition (a) FINDINGS; PURPOSE.—Section 2 of the that the amounts are used for purposes that SEC. 245. MULTINATIONAL SPECIES CONSERVA- Nutria Eradication and Control Act of 2003 TION FUNDS REAUTHORIZATIONS. further the conservation and management of (Public Law 108–16; 117 Stat. 621) is amend- fish, wildlife, plants, and other natural re- (a) AFRICAN ELEPHANTS.—Section 2306(a) of the African Elephant Conservation Act (16 ed— sources in accordance with this Act. (1) in subsection (a)— ‘‘(B) ADVANCES.—Federal departments, U.S.C. 4245(a)) is amended by striking ‘‘2007 through 2012’’ and inserting ‘‘2012 through (A) in paragraph (1), by striking ‘‘and in agencies, or instrumentalities may advance Louisiana’’ and inserting ‘‘, the State of amounts described in subparagraph (A) to 2017’’. (b) ASIAN ELEPHANTS.—Section 8(a) of the Louisiana, and other coastal States’’; the Foundation in a lump sum without re- Asian Elephant Conservation Act of 1997 (16 (B) in paragraph (2), by striking ‘‘in Mary- gard to when the expenses for which the U.S.C. 4266(a)) is amended by striking ‘‘2007 land and Louisiana on Federal, State, and amounts are used are incurred. through 2012’’ and inserting ‘‘2012 through private land’’ and inserting ‘‘on Federal, ‘‘(C) MANAGEMENT FEES.—The Foundation 2017’’. State, and private land in the States of may assess and collect fees for the manage- (c) RHINOCEROS AND TIGERS.—Section 10(a) Maryland and Louisiana and in other coastal ment of amounts received under this para- of the Rhinoceros and Tiger Conservation States’’; and graph.’’; Act of 1994 (16 U.S.C. 5306(a)) is amended by (C) by striking paragraphs (3) and (4) and (B) in paragraph (2)— striking ‘‘2007 through 2012’’ and inserting inserting the following: (i) in the paragraph heading, by striking ‘‘2012 through 2017’’. ‘‘(3) This Act authorizes the Maryland Nu- ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; (d) GREAT APES.—Section 6 of the Great tria Project, which has successfully eradi- (ii) by striking ‘‘shall be used’’ and insert- Ape Conservation Act of 2000 (16 U.S.C. 6305) cated nutria from more than 130,000 acres of ing ‘‘may be used’’; and is amended by striking ‘‘2006 through 2010’’ Chesapeake Bay wetlands in the State of (iii) by striking ‘‘and State and local gov- and inserting ‘‘2012 through 2017’’. Maryland and facilitated the creation of vol- ernment agencies’’ and inserting ‘‘, State (e) MARINE TURTLES.—Section 7 of the Ma- untary, public-private partnerships and more and local government agencies, and other en- rine Turtle Conservation Act of 2004 (16 than 406 cooperative landowner agreements. tities’’; and U.S.C. 6606) is amended by striking ‘‘2005 ‘‘(4) This Act and the Coastal Wetlands (C) by adding at the end the following: through 2009’’ and inserting ‘‘2012 through Planning, Protection, and Restoration Act 2017’’. ‘‘(3) ADMINISTRATION OF AMOUNTS.— (16 U.S.C. 3951 et seq.) authorize the ‘‘(A) IN GENERAL.—In entering into con- SEC. 246. NEOTROPICAL MIGRATORY BIRD CON- Coastwide Nutria Control Program, which SERVATION ACT. tracts, agreements, or other partnerships has reduced nutria-impacted wetland acres Section 10 of the Neotropical Migratory pursuant to this Act, a Federal department, in the State of Louisiana from 80,000 acres to agency, or instrumentality shall have discre- Bird Conservation Act (16 U.S.C. 6109) is amended to read as follows: 23,141 acres. tion to waive any competitive process of ‘‘(5) The proven techniques developed ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. that department, agency, or instrumentality under this Act that are eradicating nutria in ‘‘(a) IN GENERAL.—There is authorized to for entering into contracts, agreements, or the State of Maryland and reducing the acres partnerships with the Foundation if the pur- be appropriated to carry out this Act $6,500,000 for each of fiscal years 2012 through of nutria-impacted wetlands in the State of pose of the waiver is— Louisiana should be applied to nutria eradi- ‘‘(i) to address an environmental emer- 2017. ‘‘(b) USE OF FUNDS.—Of the amounts made cation or control programs in other nutria- gency resulting from a natural or other dis- available under subsection (a) for each fiscal infested coastal States’’; and aster; or year, not less than 75 percent shall be ex- (2) by striking subsection (b) and inserting ‘‘(ii) as determined by the head of the ap- pended for projects carried out at a location the following: plicable Federal department, agency, or in- outside of the United States.’’. ‘‘(b) PURPOSE.—The purpose of this Act is strumentality, to reduce administrative ex- SEC. 247. FEDERAL LAND TRANSACTION FACILI- to authorize the Secretary of the Interior to penses and expedite the conservation and TATION ACT. provide financial assistance to the States of management of fish, wildlife, plants, and The Federal Land Transaction Facilitation Delaware, Louisiana, Maryland, North Caro- other natural resources. Act is amended— lina, Oregon, Virginia, and Washington to ‘‘(B) REPORTS.—The Foundation shall in- (1) in section 203(2) (43 U.S.C. 2302(2)), by carry out activities— clude in the annual report submitted under striking ‘‘on the date of enactment of this ‘‘(1) to eradicate or control nutria; and section 7(b) a description of any use of the Act was’’ and inserting ‘‘is’’; ‘‘(2) to restore nutria damaged wetlands.’’. authority under subparagraph (A) by a Fed- (2) in section 205 (43 U.S.C. 2304)— (b) DEFINITIONS.—The Nutria Eradication eral department, agency, or instrumentality (A) in subsection (a), by striking ‘‘this and Control Act of 2003 (Public Law 108–16; in that fiscal year.’’; and Act’’ and inserting ‘‘the Sportsmen’s Act of 117 Stat. 621) is amended— (3) by adding at the end the following: 2012’’; and (1) by redesignating sections 3 and 4 as sec- ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS (B) in subsection (d), by striking ‘‘11’’ and tions 4 and 5, respectively; and OF MONEY OR OTHER PROPERTY.—Any gifts, inserting ‘‘22’’; (2) by inserting after section 2 the fol- devises, or bequests of amounts or other (3) in section 206 (43 U.S.C. 2305), by strik- lowing: property, or any other amounts or other ing subsection (f); and ‘‘SEC. 3. DEFINITIONS. property, transferred to, deposited with, or otherwise in the possession of the Founda- (4) in section 207(b) (43 U.S.C. 2306(b))— ‘‘In this Act: tion pursuant to this Act, may be made (A) in paragraph (1)— ‘‘(1) COASTAL STATE.—The term ‘coastal available by the Foundation to Federal de- (i) by striking ‘‘96–568’’ and inserting ‘‘96– State’ means each of the States of Delaware, partments, agencies, or instrumentalities 586’’; and Oregon, North Carolina, Virginia, and Wash- and may be accepted and expended (or the (ii) by striking ‘‘; or’’ and inserting a semi- ington. disposition of the amounts or property di- colon; ‘‘(2) PROGRAM.—The term ‘program’ means rected), without further appropriation, by (B) in paragraph (2)— the nutria eradication program established those Federal departments, agencies, or in- (i) by inserting ‘‘Public Law 105–263;’’ be- by section 4(a). strumentalities, subject to the condition fore ‘‘112 Stat.’’; and ‘‘(3) PUBLIC-PRIVATE PARTNERSHIP.—The that the amounts or property be used for (ii) by striking the period at the end and term ‘public-private partnership’ means a purposes that further the conservation and inserting a semicolon; and voluntary, cooperative project undertaken management of fish, wildlife, plants, and (C) by adding at the end the following: by governmental entities or public officials other natural resources.’’. ‘‘(3) the White Pine County Conservation, and affected communities, local citizens, (d) LIMITATION ON AUTHORITY.—Section 11 Recreation, and Development Act of 2006 nongovernmental organizations, or other en- of the National Fish and Wildlife Foundation (Public Law 109–432; 120 Stat. 3028); tities or persons in the private sector.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6759 ‘‘(4) SECRETARY.—The term ‘Secretary’ and restoring nutria-damaged wetlands in enhance opportunities for recreational means the Secretary of the Interior.’’. the coastal States.’’. hunting, fishing, and shooting, and for (c) NUTRIA ERADICATION PROGRAM.—Sec- other purposes; which was ordered to tion 4 of the Nutria Eradication and Control SA 2876. Mr. REID proposed an lie on the table; as follows: Act of 2003 (Public Law 108–16; 117 Stat. 621) amendment to amendment SA 2875 pro- (as redesignated by subsection (b)) is amend- On page 91, strike line 14 and all that fol- posed by Mr. REID (for Mr. TESTER) to lows through page 92, line 10. ed— the bill S. 3525, to protect and enhance (1) by striking subsection (a) and inserting opportunities for recreational hunting, SA 2884. Mr. LEE submitted an the following: fishing, and shooting, and for other amendment intended to be proposed by ‘‘(a) IN GENERAL.—The Secretary may, sub- ject to the availability of appropriations, purposes; as follows: him to the bill S. 3525, to protect and provide financial assistance to the States of At the end, add the following new section: enhance opportunities for recreational Maryland and Louisiana and the coastal Section lll. hunting, fishing, and shooting, and for States to implement measures— This Act shall become effective 7 days other purposes; which was ordered to ‘‘(1) to eradicate or control nutria; and after enactment. lie on the table; as follows: ‘‘(2) to restore wetlands damaged by nu- On page 92, strike lines 11 through 23. tria.’’; SA 2877. Mr. REID proposed an (2) in subsection (b)— amendment to amendment SA 2876 pro- SA 2885. Mr. LEE (for himself and (A) in paragraph (1), by inserting ‘‘the posed by Mr. REID to the amendment Mr. MCCAIN) submitted an amendment State of’’ before ‘‘Maryland’’; SA 2875 proposed by Mr. REID (for Mr. intended to be proposed by him to the (B) in paragraph (2), by striking ‘‘other TESTER) to the bill S. 3525, to protect bill S. 3525, to protect and enhance op- States’’ and inserting ‘‘the coastal States’’; and enhance opportunities for rec- and portunities for recreational hunting, (C) in paragraph (3), by striking ‘‘marsh- reational hunting, fishing, and shoot- fishing, and shooting, and for other land’’ and inserting ‘‘wetlands’’; ing, and for other purposes; as follows: purposes; which was ordered to lie on (3) in subsection (c)— In the amendment, strike ‘‘7 days’’ and in- the table; as follows: (A) by striking ‘‘(c) ACTIVITIES’’ and insert- sert ‘‘6 days’’. At the end, add the following: ing ‘‘(c) ACTIVITIES IN THE STATE OF MARY- TITLE III—FEDERAL LAND DESIGNATIONS LAND’’; and Mr. REID proposed an SA 2878. SEC. 301. STATE APPROVAL REQUIRED FOR FED- (B) by inserting ‘‘, and updated in March amendment to the bill S. 3525, to pro- ERAL LAND DESIGNATIONS. 2009’’ before the period at the end; tect and enhance opportunities for rec- (a) DEFINITION OF COVERED UNIT.—In this (4) in subsection (e), by striking ‘‘financial reational hunting, fishing, and shoot- section, the term ‘‘covered unit’’ means— assistance provided by the Secretary under ing, and for other purposes; as follows: (1) a unit of the National Forest System, this section’’ and inserting ‘‘the amounts National Park System, National Wildlife made available under subsection (f) to carry At the end, add the following new section: Section lll. Refuge System, National Wild and Scenic out the program’’; and Rivers System, National Trails System, Na- (5) by striking subsection (f) and inserting This title shall become effective 5 days after enactment. tional Wilderness Preservation System, or the following: any other system established by Federal law; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— SA 2879. Mr. REID proposed an (2) a national monument; or Subject to subsection (e), there is authorized (3) any national conservation or national to be appropriated to the Secretary to carry amendment to amendment SA 2878 pro- recreation area. out the program $6,000,000 for each of fiscal posed by Mr. REID to the bill S. 3525, to (b) PROHIBITION.—A covered unit shall not years 2012 through 2016, of which— protect and enhance opportunities for be established unless the legislature of the ‘‘(1) $2,000,000 shall be used to provide fi- recreational hunting, fishing, and State in which the proposed covered unit is nancial assistance to the State of Maryland; shooting, and for other purposes; as fol- located has approved the establishment of ‘‘(2) $2,000,000 shall be used to provide fi- lows: the covered unit. nancial assistance to the State of Louisiana; and In the amendment, strike ‘‘5 days’’ and in- SA 2886. Mr. LEE submitted an ‘‘(3) $2,000,000 shall be used to provide fi- sert ‘‘4 days’’. amendment intended to be proposed by nancial assistance, on a competitive basis, to him to the bill S. 3525, to protect and other coastal States.’’. SA 2880. Mr. REID proposed an amendment to the bill S. 3525, to pro- enhance opportunities for recreational (d) REPORT.—Section 5 of the Nutria Eradi- hunting, fishing, and shooting, and for cation and Control Act of 2003 (Public Law tect and enhance opportunities for rec- other purposes; which was ordered to 108–16; 117 Stat. 621) (as redesignated by sub- reational hunting, fishing, and shoot- section (b)) is amended— ing, and for other purposes; as follows: lie on the table; as follows: (1) in paragraph (1), by striking ‘‘2002 docu- At the end, add the following: At the end, add the following new section: ment entitled ‘Eradication Strategies for Section lll. TITLE III—FEDERAL LAND DESIGNATIONS Nutria in the Chesapeake and Delaware Bay This Act shall become effective 3 days SEC. 301. SALE OF CERTAIN FEDERAL LAND PRE- Watersheds’; and’’ and inserting ‘‘March 2009 after enactment. VIOUSLY IDENTIFIED AS SUITABLE update of the document entitled ‘Eradication FOR DISPOSAL. Strategies for Nutria in the Chesapeake and (a) DEFINITIONS.—In this section: SA 2881. Mr. REID proposed an Delaware Bay Watersheds’ and originally (1) IDENTIFIED FEDERAL LANDS.—The term dated March 2002;’’; amendment to amendment SA 2880 pro- ‘‘identified Federal lands’’ means the parcels (2) in paragraph (2)— posed by Mr. REID to the bill S. 3525, to of Federal land under the administrative ju- (A) by striking ‘‘develop’’ and inserting protect and enhance opportunities for risdiction of the Secretary that were identi- ‘‘continue’’; and recreational hunting, fishing, and fied as suitable for disposal in the report sub- (B) by striking the period at the end and shooting, and for other purposes; as fol- mitted to Congress by the Secretary on May inserting ‘‘; and’’; and lows: 27, 1997, pursuant to section 390(g) of the Fed- (3) by adding after paragraph (2) the fol- eral Agriculture Improvement and Reform In the amendment, strike ‘‘3 days’’ and in- lowing: Act of 1996 (Public Law 104–127; 110 Stat. sert ‘‘2 days’’. ‘‘(3) develop, in cooperation with the State 1024), except the following: of Delaware Department of Natural Re- (A) Lands not identified for disposal in the sources and Environmental Control, the SA 2882. Mr. REID proposed an applicable land use plan. State of Virginia Department of Game and amendment to amendment SA 2881 pro- (B) Lands subject to a Recreation and Pub- Inland Fisheries, the State of Oregon Depart- posed by Mr. REID to the amendment lic Purpose conveyance application. ment of Fish and Wildlife, the State of North SA 2880 proposed by Mr. REID to the (C) Lands identified for State selection. Carolina Department of Environment and bill S. 3525, to protect and enhance op- (D) Lands identified for Indian tribe allot- Natural Resources, and the State of Wash- portunities for recreational hunting, ments. ington Department of Fish and Wildlife, fishing, and shooting, and for other (E) Lands identified for local government long-term nutria control or eradication pro- purposes; as follows: use. grams, as appropriate, with the objective (F) Lands that the Secretary chooses to of— In the amendment, strike ‘‘2 days’’ and in- dispose under the Federal Land Transaction ‘‘(A) significantly reducing and restoring sert ‘‘1 day’’. Facilitation Act (43 U.S.C. 2301 et seq.). the damage nutria cause to coastal wetlands (G) Lands that are segregated for exchange in the coastal States; and SA 2883. Mr. LEE submitted an or under agreements for exchange. ‘‘(B) promoting voluntary, public-private amendment intended to be proposed by (H) Lands subject to exchange as author- partnerships to eradicate or control nutria him to the bill S. 3525, to protect and ized or directed by Congress.

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6760 CONGRESSIONAL RECORD — SENATE November 13, 2012 (I) Lands that the Secretary determines to the bill S. 3254, to authorize appro- SA 2889. Mr. PRYOR (for himself and contain significant impediments for disposal priations for fiscal year 2013 for mili- Mr. BOOZMAN) submitted an amend- including— tary activities of the Department of ment intended to be proposed by him (i) high disposal costs; Defense, for military construction, and to the bill S. 3525, to protect and en- (ii) the presence of significant natural or cultural resources; for defense activities of the Depart- hance opportunities for recreational (iii) land survey problems or title conflicts; ment of Energy, to prescribe military hunting, fishing, and shooting, and for (iv) habitat for threatened or endangered personnel strengths for such fiscal other purposes; which was ordered to species; and year, and for other purposes; which was lie on the table; as follows: (v) mineral leases and mining claims. ordered to lie on the table; as follows: At the end, add the following: (2) SECRETARY.—The term ‘‘Secretary’’ At the end of subtitle A of title VI, insert SEC. lll. CERTAIN EXEMPTIONS RELATING TO means the Secretary of the Interior. the following: THE TAKING OF MIGRATORY GAME (b) COMPETITIVE SALE OF LANDS.—The Sec- BIRDS. SEC. 602. PAYMENT OF BENEFIT FOR NON- retary shall offer the identified Federal (a) SHORT TITLE.—This section may be lands for disposal by competitive sale for not PARTICIPATION OF ELIGIBLE MEM- BERS IN POST-DEPLOYMENT/MOBILI- cited as the ‘‘Farmer’s Protection Act of less than fair market value as determined by ZATION RESPITE ABSENCE PRO- 2012’’. an independent appraiser. GRAM DUE TO GOVERNMENT (b) EXEMPTIONS ON CERTAIN LAND.—Section (c) EXISTING RIGHTS.—The sale of identified ERROR. 3 of the Migratory Bird Treaty Act (16 U.S.C. Federal lands under this section shall be sub- (a) PAYMENT OF BENEFIT.— 704) is amended by adding at the end the fol- ject to valid existing rights. (1) IN GENERAL.—Subject to subsection (e), lowing: (d) PROCEEDS OF SALE OF LANDS.—All net the Secretary concerned shall, upon applica- ‘‘(c) EXEMPTIONS ON CERTAIN LAND.— proceeds from the sale of identified Federal tion therefor, make a payment to each indi- ‘‘(1) IN GENERAL.—Nothing in this section lands under this section shall be deposited vidual described in paragraph (2) of $200 for prohibits the taking of any migratory game directly into the Treasury for reduction of each day of nonparticipation of such indi- bird, including waterfowl, coots, and cranes, the public debt. vidual in the Post-Deployment/Mobilization on or over land that— (e) REPORT.—Not later than 4 years after Respite Absence program as described in ‘‘(A) is not a baited area; and the date of enactment of this Act, the Sec- that paragraph. ‘‘(B) contains— retary shall submit to the Committee on (2) COVERED INDIVIDUALS.—An individual ‘‘(i) a standing crop or flooded standing Natural Resources of the House of Rep- described in this paragraph is an individual crop, including an aquatic crop; resentatives and the Committee on Energy who— ‘‘(ii) standing, flooded, or manipulated nat- and Natural Resources of the Senate— (A) was eligible for participation as a ural vegetation; (1) a list of any identified Federal lands member of the Armed Forces in the Post-De- ‘‘(iii) flooded harvested cropland; or that have not been sold under subsection (b) ployment/Mobilization Respite Absence pro- ‘‘(iv) according to a report submitted under and the reasons such lands were not sold; and gram; but paragraph (2) by the applicable State office (2) an update of the report submitted to (B) as determined by the Secretary con- of the Cooperative Extension System of the Congress by the Secretary on May 27, 1997, cerned pursuant to an application for the Department of Agriculture, an area on which pursuant to section 390(g) of the Federal Ag- correction of the military records of such in- seed or grain has been scattered solely as the riculture Improvement and Reform Act of dividual pursuant to section 1552 of title 10, result of a normal agricultural planting, har- 1996 (Public Law 104–127; 110 Stat. 1024), in- United States Code, did not participate in vesting, post-harvest manipulation, or nor- cluding a current inventory of the Federal one or more days in the program for which mal soil stabilization practice. lands under the administrative jurisdiction the individual was so eligible due to Govern- ‘‘(2) REPORTS.— of the Secretary that are suitable for dis- ment error. ‘‘(A) IN GENERAL.—For purposes of making posal. (b) DECEASED INDIVIDUALS.— a determination under paragraph (1)(B)(iv), (1) APPLICATIONS.—If an individual other- each State office of the Cooperative Exten- SA 2887. Mr. KOHL (for himself and wise covered by subsection (a) is deceased, sion System of the Department of Agri- Mr. JOHNSON of Wisconsin) submitted the application required by that subsection culture shall submit to the Secretary of the an amendment intended to be proposed shall be made by the individual’s legal rep- Interior a report on the activities in that by him to the bill S. 3254, to authorize resentative. State that the State office considers to be a appropriations for fiscal year 2013 for (2) PAYMENT.—If an individual to whom normal agricultural practice in the State, military activities of the Department payment would be made under subsection (a) such as mowing, shredding, discing, rolling, of Defense, for military construction, is deceased at time of payment, payment chopping, trampling, flattening, burning, or carrying out herbicide treatment. and for defense activities of the De- shall be made in the manner specified in sec- tion 1552(c)(2) of title 10, United States Code. ‘‘(B) REVISIONS.—A State office may revise partment of Energy, to prescribe mili- (c) PAYMENT IN LIEU OF ADMINISTRATIVE a report described in subparagraph (A) as the tary personnel strengths for such fiscal ABSENCE.—Payment under subsection (a) State office determines to be necessary to year, and for other purposes; which was with respect to a day described in that sub- reflect changing agricultural practices.’’. ordered to lie on the table; as follows: section shall be in lieu of any entitlement of f the individual concerned to a day of adminis- At the end of subtitle H of title V, insert NOTICE OF HEARING the following: trative absence for such day. SEC. 585. AUTHORIZATION FOR AWARD OF THE (d) CONSTRUCTION.— COMMITTEE ON HEALTH, EDUCATION, LABOR, MEDAL OF HONOR TO FIRST LIEU- (1) CONSTRUCTION WITH OTHER PAY.—Any AND PENSIONS TENANT ALONZO H. CUSHING FOR payment with respect to an individual under Mr. HARKIN. Mr. President, I wish to ACTS OF VALOR DURING THE CIVIL subsection (a) is in addition to any other pay announce that the Commitee on WAR. provided by law. (a) AUTHORIZATION.—Notwithstanding the (2) CONSTRUCTION OF AUTHORITY.—It is the Health, Education, Labor, and Pen- time limitations specified in section 3744 of sense of Congress that— sions will meet in open session on title 10, United States Code, or any other (A) the sole purpose of the authority in Thursday, November 15, 2012, at 9:45 time limitation with respect to the awarding this section is to remedy administrative er- a.m. in room SD–106 of the Dirksen of certain medals to persons who served in rors; and Senate Office Building to conduct a the Armed Forces, the President is author- (B) the authority in this section is not in- hearing entitled ‘‘Pharmacy ized to award the Medal of Honor under sec- tended to establish any entitlement in con- Compounding: Implications of the 2012 tion 3741 of such title to then First Lieuten- nection with the Post-Deployment/Mobiliza- Meningitis Outbreak.’’ ant Alonzo H. Cushing for conspicuous acts tion Respite Absence program. For further information regarding of gallantry and intrepidity at the risk of (e) OFFSET.—The Secretary of Defense life and beyond the call of duty in the Civil shall transfer $2,000,000 from the unobligated this meeting, please contact Elizabeth War, as described in subsection (b). balances of the Pentagon Reservation Main- Jungman of the committee staff on (b) ACTS OF VALOR DESCRIBED.—The acts of tenance Revolving Fund established under (202) 224–6859. valor referred to in subsection (a) are the ac- section 2674(e) of title 10, United States Code, f tions of then First Lieutenant Alonzo H. to the Miscellaneous Receipts Fund of the Cushing while in command of Battery A, 4th United States Treasury. AUTHORITY FOR COMMITTEES TO United States Artillery, Army of the Poto- (f) DEFINITIONS.—In this section, the terms MEET mac, at Gettysburg, Pennsylvania, on July 3, ‘‘Post-Deployment/Mobilization Respite Ab- COMMITTEE ON FOREIGN RELATIONS 1863, during the American Civil War. sence program’’ and ‘‘Secretary concerned’’ have the meaning given such terms in sec- Mr. DURBIN. Mr. President, I ask SA 2888. Mr. KOHL (for himself and tion 604(f) of the National Defense Authoriza- unanimous consent that the Com- Mr. BOOZMAN) submitted an amend- tion Act for Fiscal Year 2010 (Public Law mittee on Foreign Relations be author- ment intended to be proposed by him 111–84; 123 Stat. 2350). ized to meet during the session of the

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6761 Senate on November 13, 2012, at 3 p.m., The PRESIDING OFFICER. Without majority controlling the first half and to hold a hearing entitled, ‘‘National objection, it is so ordered. the Republicans controlling the final Security Brief on Attacks in The resolution (S. Res. 591) was half; and the filing deadline for first- Benghazi’’. agreed to. degree amendments to S. 3525 be 4 p.m. The PRESIDING OFFICER. Without The preamble was agreed to. Wednesday. objection, it is so ordered. The resolution, with its preamble, The PRESIDING OFFICER. Without reads as follows: f objection, it is so ordered. S. RES. 591 f PRIVILEGES OF THE FLOOR (Expressing the sense of the Senate regard- Mr. REID. Mr. President, on behalf of ing Raymond Weeks and his efforts in the PROGRAM establishment of Veterans Day) Senator LEAHY, I ask unanimous con- Mr. UDALL of Colorado. Mr. Presi- sent that Michelle Lacko, a fellow on Whereas November 11, 2012, is the 65th an- dent, earlier today, cloture was filed on niversary of National Veterans Day in Bir- S. 3525, the Sportsmen’s Act. Under the the Senate Judiciary Committee, be mingham, Alabama; granted privileges of the floor. Whereas the National Veterans Day in Bir- rule, the cloture vote will occur on The ACTING PRESIDENT pro tem- mingham is the longest running celebration Thursday morning. pore. Without objection, it is so or- of Veterans Day in the Nation; f dered. Whereas, on November 11, 1946, World War II veteran Raymond Weeks presented Gen- ADJOURNMENT UNTIL 2:30 P.M. f eral Eisenhower a program design proposing TOMORROW WHISTLEBLOWER PROTECTION to replace Armistice Day with a National Mr. UDALL of Colorado. If there is ENHANCEMENT ACT OF 2012 Veterans Day in 1947; Whereas the very first Veterans Day cele- no further business to come before the Mr. UDALL of Colorado. Mr. Presi- bration was held in Birmingham by the Na- Senate, I ask unanimous consent it ad- dent, I ask that the Chair lay before tional Veterans Day Organization in 1947; journ under the previous order. the Senate a message from the House Whereas President Eisenhower signed into There being no objection, the Senate, of Representatives on S. 743. law on June 1, 1954, the Act proclaiming No- at 6:55 p.m., adjourned until Wednes- The Presiding Officer laid before the vember 11 as Veterans Day (Public Law 380; day, November 14, 2012, at 2:30 p.m. Senate the following message from the 83rd Congress); Whereas in 1954, the National Veterans Day f House of Representatives: Volunteer Organization, started by Raymond NOMINATIONS Resolved, That the bill from the Sen- Weeks, expanded to organize a multi-day ate, S. 743, entitled ‘‘An Act to amend celebration including, but not limited to, a Executive nominations received by chapter 23 of title 5, United States Veterans Day Parade, a World Peace Lunch- the Senate: Code, to clarify the disclosures of in- eon, and presentation during the National FOREIGN SERVICE Veterans Award Dinner of the National Vet- formation protected from prohibited THE FOLLOWING-NAMED CAREER MEMBERS OF THE personnel practices; to require a state- erans Award; SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF ment in nondisclosure policies, forms, Whereas these three events have been held STATE FOR PROMOTION INTO AND WITHIN THE SENIOR every year since 1954; FOREIGN SERVICE TO THE CLASSES INDICATED: and agreements that such policies, CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE Whereas the briefing for President Reagan OF THE UNITED STATES OF AMERICA, CLASS OF CAREER forms, and agreements conform with by Elizabeth Dole for the Presidential Citi- MINISTER: certain disclosure protections; to pro- zens Medals cited Raymond Weeks as the PHILIP S. GOLDBERG, OF THE DISTRICT OF COLUMBIA vide certain authority for the Special ‘‘Father of Veterans Day’’; WANDA L. NESBITT, OF PENNSYLVANIA VICTORIA NULAND, OF CONNECTICUT Counsel; and for other purposes,’’ do Whereas President Reagan recognized Ray- MICHELE JEANNE SISON, OF MARYLAND pass with an amendment. mond Weeks as the driving force behind Vet- DANIEL BENNETT SMITH, OF VIRGINIA erans Day while presenting Raymond Weeks CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, Mr. UDALL of Colorado. Mr. Presi- CLASS OF MINISTER-COUNSELOR: dent, I ask unanimous consent that the with the Presidential Citizens Medal on No- vember 11, 1982; KARL PHILIP ALBRECHT, OF VIRGINIA Senate concur in the House amend- THEODORE ALLEGRA, OF COLORADO Whereas Raymond Weeks should be recog- BRUCE ARMSTRONG, OF FLORIDA ment, the motion to reconsider be laid nized for his push to honor the great men CLARE A. BARKLEY, OF MARYLAND upon the table, with no intervening ac- and women who have served their country ROBERT I. BLAU, OF VIRGINIA ROBERTO GONZALES BRADY, OF CALIFORNIA tion or debate, and that any state- with a special day of recognition; and JOHN BRIEN BRENNAN, OF VIRGINIA ments relating to the matter be print- Whereas Birmingham, Alabama, should be PIPER ANNE WIND CAMPBELL, OF THE DISTRICT OF CO- recognized for its contributions to the insti- LUMBIA ed in the RECORD. JONATHAN RAPHAEL COHEN, OF CALIFORNIA The PRESIDING OFFICER. Without tution of Veterans Day: Now, therefore, be it MARK J. COHEN, OF TEXAS Resolved, That the Senate— MAUREEN E. CORMACK, OF ILLINOIS objection, it is so ordered. (1) recognizes Birmingham, Alabama, as JOHN S. CREAMER, OF VIRGINIA JEFFREY DELAURENTIS, OF NEW YORK f the home to the first and longest running LAURA FARNSWORTH DOGU, OF TEXAS celebration of Veterans Day; WALTER DOUGLAS, OF NEVADA REGARDING THE EFFORTS OF (2) recognizes Raymond Weeks for his pio- CATHERINE I. EBERT-GRAY, OF COLORADO RAYMOND WEEKS IN THE ES- SUSAN MARSH ELLIOTT, OF FLORIDA neering efforts in the establishment of Vet- THOMAS SCOTT ENGLE, OF THE DISTRICT OF COLUMBIA TABLISHMENT OF VETERANS erans Day; and MARILYN CLAIRE FERDINAND, OF VIRGINIA DAY (3) honors the sacrifices of, and pays trib- VALERIE C. FOWLER, OF WASHINGTON ute to, the men and women of the United DANIEL EDWARD GOODSPEED, OF VIRGINIA Mr. UDALL of Colorado. Mr. Presi- WILLIAM S. GREEN, OF OHIO States in uniform who risk life and limb for JERI S. GUTHRIE-CORN, OF CALIFORNIA dent, I ask unanimous consent that the their country at home and overseas. MICHAEL A. HAMMER, OF MARYLAND Senate proceed to the consideration of D. BRENT HARDT, OF FLORIDA f ROBERT A. HARTUNG, OF VIRGINIA S. Res. 591, which was submitted ear- WILLIAM A. HEIDT, OF CALIFORNIA lier today. ORDERS FOR WEDNESDAY, JAMES WILLIAM HERMAN, OF WASHINGTON THOMAS MARK HODGES, OF TENNESSEE The PRESIDING OFFICER. The NOVEMBER 14, 2012 MARTIN P. HOHE, OF FLORIDA clerk will report the resolution by Mr. UDALL of Colorado. Mr. Presi- CHARLES F. HUNTER, OF THE DISTRICT OF COLUMBIA MARK J. HUNTER, OF FLORIDA title. dent, I ask unanimous consent that DONALD EMIL JACOBSON, OF VIRGINIA The legislative clerk read as follows: when the Senate completes its business KELLY ANN KEIDERLING FRANZ, OF CALIFORNIA SUNG Y. KIM, OF CALIFORNIA A resolution (S. Res. 591) expressing the today, it adjourn until 2:30 p.m. on JOHN CHARLES LAW, OF VIRGINIA sense of the Senate regarding Raymond Wednesday, November 14, 2012; that fol- RUSSELL G. LE CLAIR, JR., OF ILLINOIS MARY BETH LEONARD, OF MASSACHUSETTS Weeks and his efforts in the establishment of lowing the prayer and the pledge, the DONALD LU, OF CALIFORNIA Veterans Day. Journal of proceedings be approved to LEWIS ALAN LUKENS, OF VIRGINIA DEBORAH RUTH MALAC, OF VIRGINIA There being no objection, the Senate date, the morning hour be deemed ex- WILLIAM JOHN MARTIN, OF CALIFORNIA proceeded to consider the resolution. pired, and the time for the two leaders ROBIN HILL MATTHEWMAN, OF WASHINGTON ELIZABETH KAY WEBB MAYFIELD, OF TEXAS Mr. UDALL of Colorado. Mr. Presi- be reserved for their use later in the JAMES P. MCANULTY, OF VIRGINIA dent, I ask unanimous consent that the day; that the majority leader be recog- THOMAS S. MILLER, OF MINNESOTA BARRY M. MOORE, OF TEXAS resolution be agreed to, the preamble nized, and that the first hour be equal- MICHAEL CHASE MULLINS, OF NEW HAMPSHIRE be agreed to, and the motion to recon- ly divided and controlled between the JOHN OLSON, OF CALIFORNIA THEODORE G. OSIUS, OF THE DISTRICT OF COLUMBIA sider be laid upon the table. two leaders or their designees, with the ROBERT GLENN RAPSON, OF NEW HAMPSHIRE

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 9801 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6762 CONGRESSIONAL RECORD — SENATE November 13, 2012 ROBERT A. RILEY, OF FLORIDA SUSAN ASHTON THORNTON, OF THE DISTRICT OF COLUM- To be vice admiral GARY D. ROBBINS, OF WASHINGTON BIA TODD DAVID ROBINSON, OF NEW JERSEY LAIRD D. TREIBER, OF THE DISTRICT OF COLUMBIA REAR ADM. KENNETH E. FLOYD MATTHEW M. ROONEY, OF TEXAS JEFFREY A. VANDREAL, OF TEXAS IN THE AIR FORCE DANA SHELL SMITH, OF CALIFORNIA LISA ANNETTE VICKERS, OF CALIFORNIA DEAN L. SMITH, OF TEXAS SAMUEL ROBERT WATSON III, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAMELA L. SPRATLEN, OF CALIFORNIA DONNA ANN WELTON, OF THE DISTRICT OF COLUMBIA TO THE GRADES INDICATED IN THE UNITED STATES AIR STEPHANIE SANDERS SULLIVAN, OF MARYLAND TERRY JOHN WHITE, OF OREGON FORCE UNDER TITLE 10, U.S.C., SECTION 624: SUSAN M. SUTTON, OF VIRGINIA STEPHANIE TURCO WILLIAMS, OF TEXAS MICHAEL EMBACH THURSTON, OF WASHINGTON EUGENE STEWART YOUNG, OF THE DISTRICT OF COLUM- To be lieutenant colonel PAUL ALLEN WEDDERIEN, OF CALIFORNIA BIA DEMEA A. ALDERMAN ALICE G. WELLS, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, ELBERT R. ALFORD IV THOMAS E. WILLIAMS, JR., OF VIRGINIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND GREGORY T. BALDWIN ROBERT A. WOOD, OF NEW YORK SECRETARIES IN THE DIPLOMATIC SERVICE OF THE ANGELA M. BLACKWELL UZRA S. ZEYA, OF FLORIDA PAMALA L. BROWN-GRAYSON BENJAMIN G. ZIFF, OF CALIFORNIA UNITED STATES OF AMERICA: FELICIA L. BURKS ROBERT L. ADAMS, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE PEDRO BURTON-TAYLOR THOMAS A. BARNARD, OF VIRGINIA FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR LYNNE M. BUSSIE FRANCIS JOHN BRAY, JR., OF CALIFORNIA FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF LAUREN HUDSON BYRD CARMEN MARGARITA CASTRO, OF VIRGINIA THE SENIOR FOREIGN SERVICE OF THE UNITED STATES MARK S. CHOJNACKI RONNIE S. CATIPON, OF VIRGINIA OF AMERICA, CLASS OF COUNSELOR: TIMOTHY J. CHRISTISON DAVID F. COOPER, OF FLORIDA MARK E. CLEVELAND DAVID W. ABELL, OF ARKANSAS EDWIN W. DALY, OF VIRGINIA MARK E. CRUISE ARUNA S. G. AMIRTHANAYAGAM, OF NEW YORK CRAIG DICKER, OF MARYLAND TANYA CECELIA ANDERSON, OF PENNSYLVANIA NATHANIEL R. DECKER MARK S. GRAVES, OF VIRGINIA TROY M. T. DILLON MICHAEL ADAM BARKIN, OF FLORIDA EDWIN GUARD, OF VIRGINIA PETER HENRY BARLERIN, OF MARYLAND MICHAEL D. DINKINS CHARLES J. HORKEY, OF FLORIDA THOMAS S. FARMER SUSAN TEBEAU BELL, OF SOUTH CAROLINA RICHARD J. INGRAM, OF VIRGINIA VIRGINIA LYNN BENNETT, OF GEORGIA DEAN K. FARREY MICHAEL P. KANE, OF VIRGINIA DOLPHIS Z. HALL RANDY W. BERRY, OF COLORADO KEVIN J. KILPATRICK, OF INDIANA BRUCE BERTON, OF WASHINGTON JOAN L. HOYTE GREGARY JAMES LEVIN, OF CALIFORNIA KIRK T. JENKINS DONALD ARMIN BLOME, OF ILLINOIS JEFFREY D. LISCHKE, OF VIRGINIA ANDREW NORBU BOWEN, OF TEXAS DONALD E. KOTULAN KATHLEEN G. LIVELY, OF VIRGINIA CHARLES E. MAREK, JR. SUE LENORE BREMNER, OF CALIFORNIA THOMAS G. MCDONOUGH, OF MARYLAND MARIA E. BREWER, OF INDIANA MARYANN I. MARQUEZ BRIAN J. MCKENNA, OF MARYLAND CHESTER L. MARTIN NATALIE EUGENIA BROWN, OF VIRGINIA PATRICK J. MOORE, OF FLORIDA TERESA M. MIRWALD GREGORY S. BURTON, OF VIRGINIA WAYNE F. QUILLIN, OF NEW YORK LEE M. NENORTAS BRENT DONALD BYERS, OF VIRGINIA JOHN H. RENNICK, OF TEXAS LAURIE V. PETERS PAUL MICHAEL CANTRELL, OF CALIFORNIA SUSAN B. SUMMERS, OF VIRGINIA MARK D. REYNOLDS LISA MARIE CARLE, OF CALIFORNIA ROBERT W. WEITZEL, OF VIRGINIA STEPHANIE K. RYDER JOHN LESLIE CARWILE, OF MARYLAND KEVIN M. SCHULTZ LAURENT D. CHARBONNET, OF LOUISIANA IN THE ARMY VIRGIL L. SCOTT CRAIG LEWIS CLOUD, OF FLORIDA ALTAN A. SHAFFER NANCY LYNN CORBETT, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED TIMOTHY W. SMITH GREGGORY D. CROUCH, OF THE DISTRICT OF COLUMBIA DANIEL T. STERNEMANN DON D. CURTIS, OF MARYLAND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TRACIE L. SWINGLE JOHN J. DAIGLE, OF LOUISIANA JENNIFER M. THERIAULT JOEL DANIES, OF THE DISTRICT OF COLUMBIA To be general PAMELA D. TOWNSEND-ATKINS JOHN WINTHROP DAYTON III, OF TEXAS NICHOLAS JULIAN DEAN, OF VIRGINIA GEN. DAVID M. RODRIGUEZ To be major ROBIN D. DIALLO, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN R. ALLEN JOHN WALTER DINKELMAN, OF WYOMING IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIAN M. BOGUMIL BRIAN P. DOHERTY, OF FLORIDA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KIMBERLY A. BOGUMIL CHRISTINE ANN ELDER, OF VIRGINIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SARAH E. BYRON-SMITH NINA MARIA FITE, OF PENNSYLVANIA MICHAEL J. CALLOWAY ERIC ALAN FLOHR, OF MARYLAND To be general ERIC D. DEAN DANIEL L. FOOTE, OF VIRGINIA LT. GEN. JOHN F. CAMPBELL JENNIFER M. DEVENERE KENNETH LEE FOSTER, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY W. DRAKE ROBERT ARTHUR FRAZIER, OF TEXAS AMY E. DWYER THOMAS G. GALLO, OF NEW JERSEY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: AMY M. FISHER REBECCA ELIZA GONZALES, OF TEXAS LISA FLORES MARTHA J. HAAS, OF ARIZONA To be brigadier general JULIE C. GARRETT SARAH COOPER HALL, OF NEW YORK RYAN M. GASSMAN SCOTT IAN HAMILTON, OF ILLINOIS COL. PETER A. BOSSE AARON H. GRUCHOW TODD PHILIP HASKELL, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARCY S. HAYWOOD ANDREW B. HAVILAND, OF IOWA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- JOHN ERICH HEIN PETER MARK HAYMOND, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 12203: THEODOSIA FLORIA HILL DENNIS WALTER HEARNE, OF NORTH CAROLINA SHAWN L. HORGES BRIAN GEORGE HEATH, OF NEW JERSEY To be brigadier general JOSEPH ALAN HUDSON JONATHAN HENICK, OF CALIFORNIA KERRY ELIZABETH HUTCHINGS COL. JOSEPH E. WHITLOCK G. KATHLEEN HILL, OF TEXAS JENNIFER LEE IDELL NICHOLAS MANNING HILL, OF RHODE ISLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VANESSA A. JOHNSON JEFFREY M. HOVENIER, OF MARYLAND IN THE RESERVE OF THE ARMY TO THE GRADE INDI- MICHAEL TODD KEELEY GEORGE W. INDYKE, JR., OF NEW JERSEY CATED UNDER TITLE 10, U.S.C., SECTION 12203: CRISTY A. LONG ERIC A. JOHNSON, OF THE DISTRICT OF COLUMBIA To be major general DOREEN M. LONG GARY P. KEITH, OF OHIO TARA E. LOVELL ERIC KHANT, OF FLORIDA BRIG. GEN. KAREN E. LEDOUX NICOLE A. LUCAS YURI KIM, OF GUAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIFFANY D. MADISON KARIN MARGARET KING, OF OHIO EZEKIEL S. MALONE DANIEL JOSEPH KRITENBRINK, OF VIRGINIA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: BRETT J. MAZEY YAEL LEMPERT, OF NEW YORK CYNTHIA K. MCGEE JAMES MARX LEVY, OF WASHINGTON To be major general RAYMOND A. MILLER, JR. JOHN M. LIPINSKI, OF PENNSYLVANIA ANDRES MUNERA PATRICIA ALICE MAHONEY, OF TEXAS BRIG. GEN. DAVID G. CLARKSON CHARLOTTE E. MURPHY JEANNE M. MALONEY, OF TENNESSEE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAWEL NOWACKI COLETTE MARCELLIN, OF VIRGINIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARLO P. OBCEMEA CARYN R. MCCLELLAND, OF CALIFORNIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHRISTOPHER D. OHLEMACHER BRIAN DAVID MCFEETERS, OF NEW MEXICO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RORY A. PETERSON JACQUELINE K. MCKENNAN, OF WYOMING NOAH H. PLAISANCE MARTHA L. MELZOW, OF CALIFORNIA To be lieutenant general PHILLIP K. POPE PHILLIP ANDREW MIN, OF NEW JERSEY MAJ. GEN. MARK A. MILLEY JOSEPH DANYLE POPHAM, JR. WILLIAM JAMES MOZDZIERZ, OF NEW YORK MARC A. RITTBERG KATHERINE ANNE MUNCHMEYER, OF TEXAS IN THE MARINE CORPS MARK A. SABROSKI MICHAEL J. MURPHY, OF VIRGINIA BRANDI L. SELLERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT BARRY MURPHY, OF NEW HAMPSHIRE RANDALL C. SHIFLETT AS ASSISTANT COMMANDANT OF THE MARINE CORPS, ROBERT WILLIAM OGBURN, OF MARYLAND SAMUEL A. SPRALLS IV AND APPOINTMENT TO THE GRADE INDICATED WHILE SHEILA R. PASKMAN, OF PENNSYLVANIA DONALD A. STEEL ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- LISA J. PETERSON, OF NEW YORK STEPHANIE A. STEMEN SIBILITY UNDER TITLE 10, U.S.C., SECTION 5044 AND 601: ROBERT A. PITRE, OF WASHINGTON ILISA S. STILLMAN BETH L. POISSON, OF MARYLAND To be general GARY N. SUTTLES ELIZABETH MABEL WHALEN PRATT, OF THE DISTRICT DANIEL T. TOWNSEND OF COLUMBIA LT. GEN. JOHN M. PAXTON, JR. JACK VILARDI DAVID HUGH RANK, OF ILLINOIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW J. WEBER JOEL RICHARD REIFMAN, OF TEXAS IN THE UNITED STATES MARINE CORPS TO THE GRADE SPENCER D. WIGHT DAVID M. REINERT, OF NEW MEXICO INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- FELISA L. WILSON JOAN MARIE RICHARDS, OF CALIFORNIA TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., RAYMOND D. RICHHART, JR., OF CALIFORNIA IN THE ARMY SECTION 601: WILLIAM VERNON ROEBUCK, JR., OF NORTH CAROLINA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL D. SCANLAN, OF PENNSYLVANIA To be general TO THE GRADE INDICATED IN THE RESERVE OF THE STEPHEN M. SCHWARTZ, OF NEW YORK ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JUSTIN H. SIBERELL, OF CALIFORNIA GEN. JOSEPH F. DUNFORD, JR. GEORGE NEIL SIBLEY, OF CONNECTICUT IN THE NAVY To be colonel ADAM H. STERLING, OF NEW YORK JOHN C. SULLIVAN, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALAN F. POMAVILLE MELINDA TABLER-STONE, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN STEPHEN TAVENNER, OF TEXAS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE GRADE INDICATED IN THE RESERVE OF THE DEAN RICHARD THOMPSON, OF MARYLAND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 23:33 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 9801 E:\RECORD12\NOVEMBER\S13NO2.REC S13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — SENATE S6763 To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID C. RINALDI TO THE GRADE INDICATED IN THE UNITED STATES ARMY KATHERINE E. TAYLOR JAMES BENTLEY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS LINDA A. VALDIRI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 624 AND 3064: CATHY M. WALTER TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel KENDRA P. WHYATT UNDER TITLE 10, U.S.C., SECTION 624: GAYLA W. WILSONDUNN STEPHEN J. DALAL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel DAVID J. FLETCHER TO THE GRADE INDICATED IN THE UNITED STATES ARMY VINCENT D. THOMPSON TIMOTHY L. SETTLE MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- TIONS 624 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE RESERVE OF THE To be colonel UNDER TITLE 10, U.S.C., SECTION 624: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN ALMQUIST To be major To be colonel BEVERLY A. BEAVERS CHADWICK A. BOWERS LUIS F. DIAZ JESSE J. ABBOTT KEVIN J. CRAMM TODD J. BRIERE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- WILLIAM C. PREWITT CARLTON C. BRINKLEY POINTMENT IN THE GRADE INDICATED IN THE UNITED RONALD A. SPITLER DAVID J. BROYHILL STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: RHETT M. STARNES JENNIFER B. CACI REAGON P. CARR To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PEDRO A. CASAS TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID C. BUCKHANNON DEREK C. COOPER MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., ROBERT S. CORNES THE FOLLOWING NAMED OFFICER FOR REGULAR AP- SECTIONS 624 AND 3064: JOHN P. CUELLAR POINTMENT IN THE GRADE INDICATED IN THE UNITED ELLEN S. DALY STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: To be colonel PAUL J. DEAN To be major JOHN E. BALSER MARK J. DOLE SONYA J. CABLE MARSHA M. DOROUGH ANTHONY CASCARANO LESLEE K. FUNDERBURK PETER N. EBERHARDT THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR MATTHEW B. GARBER AUSTIN W. ELLIOTT APPOINTMENT TO THE GRADE INDICATED IN THE SCOTT W. SHAFFER LAURA M. ELLIOTT UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DERRICK W. FLOWERS U.S.C., SECTIONS 531 AND 3064: THE UNITED STATES OFFICERS FOR APPOINTMENT TO LISA A. FORSYTH DAVID R. GIBSON To be major THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARJORIE A. GRANTHAMMOLNAR CHRISTOPHER A. GRUBER RENA L. P. HOPE To be colonel WILLIAM G. HOWARD THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR MARK A. IRELAND APPOINTMENT TO THE GRADE INDICATED IN THE FRANCISCO DIAZGONZALEZ BRADLEY J. KAMROWSKIPOPPEN UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, JOHN P. DROBNICA, JR. GREGORY L. KIMM U.S.C., SECTIONS 531 AND 3064: GREGORY A. DURKAC STEVE J. LEWIS LARRY A. GRAHAM To be major ANTHONY L. MCQUEEN ROBERT D. JONES ERIK G. RUDE DEREK D. HYUN WILLIAM L. KORSEN CLINTON W. SCHRECKHISE ROBERT S. LANGOL ERIC B. SONES THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR JOHN W. NOLAN KEVIN R. STEVENSON APPOINTMENT TO THE GRADE INDICATED IN THE CLIFTON L. PIPPEN BRUCE C. SYVINSKI UNITED STATES ARMY VETERINARY CORPS UNDER JOSEPH J. SCHWEICKERT LAURA R. TRINKLE TITLE 10, U.S.C., SECTIONS 531 AND 3064: DAVID B. WEBB ALAN K. UEOKA To be major THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RICHARD M. WEBB THE UNITED STATES OFFICERS FOR APPOINTMENT TO D011046 MICHAEL T. SIMPSON THE GRADE INDICATED IN THE RESERVE OF THE ARMY IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant colonel GREGORY M. BARROW UNDER TITLE 10, U.S.C., SECTION 624: LAURA L. CLELLAN To be lieutenant commander MICHAEL D. PIERCE CHARLES G. CODY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STANLEY E. GOLABOFF TERRY N. TRAWEEK JOHN D. HAAS TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL K. HOUSTON AS A CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 IN THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH M. LYLES, JR. AND 3064: UNDER TITLE 10, U.S.C., SECTION 624: JOHN K. MULLER To be lieutenant colonel BRIAN C. PIERCE To be lieutenant commander ADAM L. ROBINSON TAMMIE E. CREWS VERNON H. SIMPSON, JR. STEFANIE M. WHEELBARGER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TROY J. SOUKUP THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVE G. STEVENS MENT TO THE GRADE INDICATED IN THE UNITED STATES UNDER TITLE 10, U.S.C. SECTION 624: JAMES E. VALLEE NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain TO THE GRADE INDICATED IN THE UNITED STATES ARMY KENNETH M. JORDAN JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, CARL A. RIDDICK SUZANNE MCNELLIS U.S.C., SECTIONS 624 AND 3064: THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- To be colonel MENT TO THE GRADE INDICATED IN THE REGULAR NAVY POINTMENT IN THE GRADES INDICATED IN THE UNITED UNDER TITLE 10, U.S.C., SECTION 531: STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., GREGORY L. BOWMAN SECTIONS 531 AND 3064: KAREN H. CARLISLE To be lieutenant commander To be lieutenant colonel GARY P. M. CORN KEVIN S. HART WENDY P. DAKNIS MICHAEL J. JACQUES MADLENE M. ESKAROSE JEFFREY C. HAGLER JON D. WAGNER RICK S. LEAR IN THE COAST GUARD JAMES R. MCKEE, JR. PURSUANT TO TITLE 14, U. S. CODE, SECTIONS 189 AND To be major CRAIG E. MERUTKA 276, THE FOLLOWING NAMED OFFICERS OF THE COAST JOHN N. OHLWEILER ALEXANDER K. JHANG GUARD PERMANENT COMMISSIONED TEACHING STAFF ROBERT T. PENLAND, JR. FOR APPOINTMENT TO THE GRADES INDICATED IN THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR PAUL J. PERRONE, JR. UNITED STATES COAST GUARD: APPOINTMENT TO THE GRADES INDICATED IN THE JUAN A. PYFROM UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, PAULA I. SCHASBERGER To be captain U.S.C., SECTIONS 531 AND 3064: FRANCISCO A. VILA To be lieutenant colonel D011022 BRIGID M. PAVILONIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander MILTON J. FOUST TO THE GRADE INDICATED IN THE UNITED STATES ARMY SANDEEP R. RAHANGDALE NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND VICTORIA C. FUTCH BALDEV S. SEKHON 3064: PURSUANT TO TITLE 10, U.S. CODE, SECTION 12203, THE To be major FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO To be colonel THE GRADE INDICATED IN THE UNITED STATES COAST CHARLES E. LERNER TRACY L. BAKER GUARD RESERVE: THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JEAN M. BARIDO To be captain POINTMENT IN THE GRADES INDICATED IN THE UNITED ANTHONY J. BOHLIN STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., ANNE C. BROWN BARBARA A. ANDERSON SECTIONS 531 AND 3064: LAURA L. FEIDER ELIZABETH S. BECKER LOZAY FOOTS III JAMES M. BRADSHAW To be colonel PABLITO R. GAHOL STEPHEN K. BROWNING WILLIAM T. MONACCI HEATHER B. GUESS ANDREW T. GRENIER JUDITH M. HAWKINS CRAIG R. HENZEL To be lieutenant colonel TIMOTHY L. HUDSON PAUL J. KOSIBA NICOLE L. KERKENBUSH RICHARD P. MCLOUGHLIN ROBERT W. DESVERREAUX JANET R. KROPF MARY A. MERLIN To be major MARC A. LEWIS DARREN M. MOORE SANDRA L. MCNAUGHTONNELSON MARK M. MURAKAMI FRITZJOSE E. CHANDLER JENIFER A. MENO RAYMOND A. MURRAY IAN M. HEGER JAMES L. PERRINE RICHARD K. NELSON LAWRENCE W. REINISH JENNIFER D. PETERSBUTLER JOHN P. NOLAN HUA C. YANG RICHARD M. PRIOR SEAN K. O’BRIEN

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JEFFREY K. PASHAI ROBERT W. WARREN BRADLEY J. KLIMEK RONALD C. RICHARD TIMOTHY J. WENDT PERRY J. KREMER CHARLES T. SCHEEL EDWARD A. WESTFALL CHARLES F. KUEBLER PAUL J. SMITH JEFFREY C. WESTLING JOSEPH T. LALLY KENNETH G. STEFANISIN GREGORY D. WISENER DANIEL F. LEARY PURSUANT TO TITLE 14, U.S. CODE, SECTION 271, THE STEVEN P. WITTROCK ERIN M. LEDFORD FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO PURSUANT TO TITLE 14, U.S. CODE, SECTION 271(E), THE JACQUELINE M. LEVERICH THE GRADE INDICATED IN THE UNITED STATES COAST FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO ANDREW H. LIGHT GUARD: THE GRADE INDICATED IN THE UNITED STATES COAST LEXIA M. LITTLEJOHN To be captain GUARD: CHAD A. LONG To be commander KEVIN P. LYNN CHARLES G. ALCOCK SUSAN M. MAITRE MICHAEL S. ANTONELLIS MATTHEW P. BARKER ERIC D. MASSON MICHAEL A. BAROODY MICHAEL W. BATCHELDER HARRY D. MAUTTE KEVIN F. BRUEN JOSHUA D. BAUMAN JOHN F. MCCARTHY MARK J. BRUYERE ADAM G. BENTLEY RANDY F. MEADOR JOSEPH R. BUZZELLA DAMON L. BENTLEY MICHAEL L. MEDICA PETER J. CLEMENS KENNETH E. BLAIR TIMOTHY G. MEYERS AMY B. COCANOUR KENNETH J. BODA ALAN H. MOORE BENJAMIN A. COOPER CAMILLA B. BOSANQUET ELLIS H. MOOSE DEAN J. DARDIS ROY R. BRUBAKER ANNE M. MORRISSEY BENJAMIN L. DAVIS JOANN F. BURDIAN ULYSSES S. MULLINS ANDRES V. DELGADO ANDREW T. CAMPEN KENNETH T. NAGIE TIMOTHY D. DENBY SCOTT S. CASAD RAYMOND NEGRON DENNIS C. EVANS CHRISTOPHER R. CEDERHOLM DAVID J. OBERMEIER KENT W. EVERINGHAM JOHN R. COLE SEAN J. OBRIEN CHARLES E. FOSSE ROBERT C. COMPHER THOMAS A. OLENCHOCK CLAUDIA C. GELZER CHAD W. COOPER REBECCA E. ORE THOMAS W. GESELE NATHAN E. COULTER LUIS C. PARRALES SHANNON N. GILREATH JOANDREW D. COUSINS SCOTT W. PEABODY JASON R. HAMILTON CHARLES C. CULOTTA LUKE A. PERCIAK LONNIE P. HARRISON CORNELIUS E. CUMMINGS PATRICK F. PESCHKA ROBERT T. HENDRICKSON SHAWN E. DECKER JUSTIN D. PETERS GLENN C. HERNANDEZ MICHAEL E. DELURY HARPER L. PHILLIPS PEDRO L. JIMENEZ STEPHEN A. DEVEREUX TRACY O. PHILLIPS ERIC G. JOHNSON JOHN T. DEWEY SCOTT S. PHY KEVIN A. JONES JOSE E. DIAZ FRANK A. PIERCE SAMUEL R. JORDAN JOHN R. DITTMAR KEITH J. PIERRE TERI L. JORDAN KEITH M. DONOHUE SHANNON M. PITTS LAWRENCE A. KILEY ERIC D. DREY ALISA L. PRASKOVICH NATHAN E. KNAPP JEROME E. DUBAY STEVEN E. RAMASSINI WILLIAM J. LANE MIA P. DUTCHER JACOB J. RAMOS CAROLA J.G. LIST TIMOTHY W. EASON RODRIGO G. ROJAS THOMAS S. MACDONALD DAMON C. EDWARDS MATTHEW A. RUDICK SEAN C. MACKENZIE JEFFREY T. ELDRIDGE ROSARIO M. RUSSO EDWARD J. MAROHN JANET D. ESPINOYOUNG BELINDA C. SAVAGE DAVID G. MCCLELLAN MATTHEW R. FARNEN CLINT B. SCHLEGEL PATRICK S. MCELLIGATT SARAH K. FELGER ANITA M. SCOTT KEITH P. MCTIGUE KEVIN B. FERRIE ARTHUR R. SHUMAN MATTHEW T. MEILSTRUP TODD A. FISHER DAVID M. SHERRY MARK J. MORIN TED R. FOWLES MICHAEL J. SIMBULAN MITCHELL A. MORRISON MICHAEL E. FRAWLEY JENNIFER L. SINCLAIR ANDREW D. MYERS TANYA L. GILES LORING A. SMALL LEE B. MYNATT MICHAEL J. GOLDSCHMIDT DEREK L. SMITH JASON D. NEUBAUER MICHAEL D. GOOD ERIC A. SMITH JAMES A. PASSARELLI HANS C. GOVERTSEN SHAD S. SOLDANO STEPHEN E. RANEY CHARLES M. GUERRERO JAMES W. SPITLER JOHN D. REEVES TIM A. GUNTER DOUGLAS K. STARK SEAN P. REGAN THOMAS T. HARRISON JOHN M. STONE BRIAN W. ROCHE ROBERT E. HART VASILIOS TASIKAS PATRICK A. ROPP HEATH A. HARTLEY ROMUALDUS M. TENBERGE AARON E. ROTH CASEY J. HEHR MICHAEL D. THOMAS JOSE A. SALICETI JONATHAN N. HELLBERG MATTHEW A. THOMPSON EDWARD W. SANDLIN SCOTT C. HERMAN SOLOMON C. THOMPSON TIMOTHY J. SCHANG ANNA W. HICKEY RUSSELL R. TORGERSON RONALD K. SCHUSTER NAKEISHA B. HILLS GREGORY M. TOZZI ROBERT L. SMITH CHRISTOPHER M. HUBERTY CHRISTOPHER A. TRIBOLET JOSEPH H. SNOWDEN CHRISTOPHER J. HULSER CLINTON A. TROCCHIO JONATHAN S. SPANER AUSTIN R. IVES BRYAN J. ULLMER JAMES P. SPOTTS THOMAS A. JACOBSON JAMES A. VALENTINE MIKEAL S. STAIER JEFFREY H. JAGER EVA J. VANCAMP TODD R. STYRWOLD DAVID M. JOHNSTON PAUL G. VOGEL ERICH M. TELFER DANIEL C. JONES DAVID M. WEBB JEFFERY W. THOMAS WARREN D. JUDGE TYSON S. WEINERT RICHARD V. TIMME SEAN R. KATZ MOLLY A. WIKE WILLIAM R. TIMMONS RICHARD J. KAVANAUGH TERENCE J. WILLIAMS GARY L. TOMASULO BRIAN R. KHEY KEVIN M. WILSON JONATHAN W. TOTTE MICHAEL L. KILMER NICHOLAS L. WONG JOHN C. VANN JARED E. KING ANDREW J. WRIGHT

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HONORING SHIRLEE AND TAYLOR When the Tribute opens in General Worth He has been a mentor to his fellow officers GANDY Square on Main Street, the themes of the who appreciate his optimism and great sense Kennedy Presidency will find a new public out- of humor. HON. KAY GRANGER let for expression. His last public address and He has volunteered as a little league umpire OF TEXAS his Fort Worth visit will be remembered in and sits on the board of directors for the North IN THE HOUSE OF REPRESENTATIVES bronze and granite. County Food Pantry and Dining Center of Daly And perhaps just as importantly, the warm, City. Tuesday, November 13, 2012 genuine, enthusiastic reception President Ken- Chief Lotti, a lifetime resident of San Mateo Ms. GRANGER. Mr. Speaker, for the last nedy received in Texas that has been so long County, was born in San Mateo, grew up in three years Shirlee and Taylor Gandy of Fort overshadowed by an act of atrocity, will also San Bruno, attended Terra Nova High School Worth, Texas, have dedicated themselves to be remembered. in Pacifica, and received his AA from Skyline preserving an important piece of both Fort On behalf of the people of Fort Worth, College in 1982. He earned his BS in Human Worth and American history. Texas and the United States of America, I Services Administration and MPA in Public On November 22, 1963, President John F. wish to formally thank Shirlee J. and Taylor Administration from the College of Notre Kennedy awoke in Fort Worth to find thou- Gandy for their leadership in the creation of Dame in 1992 and 1997 respectively. sands of people standing in the cold rain out- the JFK Tribute in Fort Worth. In his well deserved retirement, Chief Lotti is side his hotel. f looking forward to spending more time with his The President was in Texas to unify his wife of 26 years, Karen, and their four chil- party leading up to the 1964 election. That IN RECOGNITION OF ROBERT dren. rainy day in Fort Worth, he delivered two LOUIS LOTTI, II Mr. Speaker, I ask the House of Represent- speeches. The first was delivered to the crowd atives to rise with me to honor Chief Robert waiting for him outside the Hotel Texas, and HON. JACKIE SPEIER Louis Lotti, II on the occasion of his retirement the second to the Chamber of Commerce. OF CALIFORNIA after making our Peninsula communities and The President greeted the crowd outside, IN THE HOUSE OF REPRESENTATIVES residents safer for three decades. shook hands, and gave a short but rousing Tuesday, November 13, 2012 f speech received with excitement by those in attendance. He spoke of the progress our na- Ms. SPEIER. Mr. Speaker, I rise to honor IN RECOGNITION OF SGT. STEVEN tion was making, as well as the challenges we Chief Robert Louis Lotti, II for his 30 years of B. DAVIDSON faced. He in turn famously challenged the service at the Belmont and Colma Police De- American people to bear the burdens of lead- partments. HON. MICHAEL C. BURGESS ership. Robert Lotti started his law enforcement ca- OF TEXAS Inside the hotel’s ballroom, the President reer in 1984 as an officer with the Belmont IN THE HOUSE OF REPRESENTATIVES addressed the Chamber gathering, speaking Police Department. Three years later he was of national defense and Fort Worth’s historic assigned to the traffic division as a motorcycle Tuesday, November 13, 2012 role in the effort. officer. In 1990, he was promoted to sergeant Mr. BURGESS. Mr. Speaker, I rise today to He left Fort Worth to a tickertape parade and served as a SWAT team member, team honor SGT Steven B. Davidson. He is the and the words of his final two speeches faded leader, and tactical commander. In 1997 and human resource specialist with the U.S. Army quickly in the wake of the tragic events that 2000 he completed two assignments as acting Reserve’s 490th Civil Affairs Battalion and cur- followed. The citizens of Fort Worth, the na- commander. In 2000, he was assigned as de- rently attends the University of North Texas. tion, and the world had just heard the final tective sergeant to the investigations bureau. Sergeant Davidson was honored earlier this public thoughts of President John F. Kennedy. After protecting the residents of Belmont for year for his exemplary service to his country His visit was a triumph and his remarks, as 18 years, Sergeant Lotti moved to the Colma and his community as the 2012 Army Times much then as now, bear remembering. Police Department where he was hired as first Soldier of the Year. Nearly 50 years after the President’s death, commander. Within less than a year, he was Sergeant Davidson, along with several oth- Shirlee and Taylor Gandy have championed promoted to chief in May of 2003. ers from his unit, was given the opportunity to the effort to pay tribute to John Fitzgerald Chief Lotti’s dedication, commitment and participate in a French Desert Warfare Course Kennedy, his Presidency, and his historic Fort professionalism are reflected in his many ac- in Djibouti, Africa. Having endured days of Worth visit. complishments, and awards. He is a founding food, water, and sleep deprivation, the soldiers The Gandys led the cause, making a gen- member and architect of the San Mateo Coun- embarked on the final march of the rigorous erous personal commitment to start the ty Sheriff’s Office regional SWAT Team, a ten-day course. After marching for nine hours project, which includes a completed 8’ bronze weaponless defense instructor, Academy in- in 120 degree debilitating temperatures, one sculpture of the President by Texas artist Law- structor, and inner perspectives facilitator. man collapsed and began seizing due to heat rence Ludtke. From 2003–2012 he served on the San Mateo stroke. Sergeant Davidson went to his aid, They assembled a committee of friends and County Police Chief’s and Sheriff Associa- cutting off the man’s boots and uniform; he uti- members of Downtown Fort Worth, Inc. to tion—in 2009 as president. Since 2005 he has lized the cut-up uniform pieces as bandages guide the process. But perhaps their most im- been on the Board of Directors of the North and applied the remaining scarce water to the pressive contribution to the cause was their Peninsula Food Pantry. He also served the fallen soldier. He was able to revive and sta- time. San Mateo County Gang Task Force, the bilize his condition and saved the master ser- They personally labored over all the pains- Academy Advisory Board, and the Realign- geant’s life. taking details necessary to the project. Their ment Committee. In 1987, the Peninsula Sergeant Davidson graduated with honors labors were rewarded with a beautiful sculp- Council of Lions honored him with the Police from the course in Djibouti and received an ture, handsome tribute design and a success- Heroism Award and in 1996, he received a Army Achievement Medal for his life saving ful fundraising campaign. On February 27th of commendation from the Belmont Police De- action and a Military Volunteer Medal for his this year, the Gandy’s were joined by Fort partment. service while deployed abroad. The Soldier of Worth and Tarrant County dignitaries, includ- During his tenure, Chief Lotti has worked on the Year honor highlights his ongoing military ing former Speaker of the U.S. House of Rep- many homicide investigations, fatal accidents, service as well as his sustained commitment resentatives, Jim Wright, to turn the first shov- even a pipe bombing case, but he says the to others. Sergeant Davidson volunteers with els of ground on this project. The JFK Tribute most rewarding part of the job is helping peo- Big Brothers Big Sisters, mentors at-risk in Fort Worth will be complete in the fall of ple in need and giving back to the commu- youth, and gives motivational speeches to ele- 2012. nity—both out in the field and at the station. mentary, middle and high school students.

∑ 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 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K13NO8.001 E13NOPT1 jbell on DSK7SPTVN1PROD with E1740 CONGRESSIONAL RECORD — Extensions of Remarks November 13, 2012 Perhaps his most profound gesture was pre- a group of local musicians. Mr. Heckman be- IN RECOGNITION OF THE HOLY senting his Air Achievement Medal to the man lieves that music is a lifetime adventure, and ANGELS CLASS OF 1969 who taught him life saving techniques and he’s been playing the trombone since he was served as a mentor, his Northwest High 7 or 8 years old. HON. JACKIE SPEIER School athletic trainer. Family has always been an important part of OF CALIFORNIA Sergeant Davidson has demonstrated a Mr. Heckman’s life. He enjoys spending time IN THE HOUSE OF REPRESENTATIVES deep passion for his country and his commu- with his son, Mark, and his daughter-in-law, Tuesday, November 13, 2012 nity. I want to express my appreciation for his Kathy, who live locally. His twin daughters, commendable efforts on behalf of his fellow Patty and Tina, both live in Gridley, California. Ms. SPEIER. Mr. Speaker, I rise to honor a citizens within the 26th District and for his val- Mr. Heckman is also the proud grandfather of rare and special occasion for 45 individuals uable service to the State of Texas and our David, Sean, Kelly and JW, and the great- who went to grammar school together 43 years ago. It is nothing short of remarkable great Nation. grandfather of James. that two thirds of the Holy Angels Class of Mr. Speaker, I ask this body to rise with me f 1969 will gather on this day of November 10, to honor the outstanding service of Warren 2012 to reminisce and exaggerate old stories. IN RECOGNITION OF WARREN Heckman to the city of South San Francisco HECKMAN The Sisters of the Holy Infant Jesus taught and the whole of San Mateo County. He was at Holy Angels, a Catholic school founded in a role model for other teachers, a beacon for 1952. HON. JACKIE SPEIER his students, and he will be remembered as The Class of 1969 consisted of 45 students: OF CALIFORNIA an exceptional human being for many years to Donna Abrahamsohn, Charlene Behnke, Rob- IN THE HOUSE OF REPRESENTATIVES come. ert Bernie, Kevin Chapot (deceased 2010), Tuesday, November 13, 2012 Raymond Ciardella, Shirley Conti, Richard f Delgado, Mary Dillon, John Gallagher, Robert Ms. SPEIER. Mr. Speaker, I rise to honor Gerughty, Randy Golobic, Susan Gomez, Jo- Warren Heckman who has spent his life serv- COMMEMORATING THE 40TH ANNI- VERSARY OF THE DON EDWARDS seph Gordon, Kathleen Griffin, Dennis Harvey, ing our community and sharing his passion for Stephen Haught, Loretta Kelly, Patricia Kerns, music with those around him. SAN FRANCISCO BAY NATIONAL WILDLIFE REFUGE Catherine Lapachet, Carole Lindsey, Patrick As a teacher and band instructor, Mr. Heck- McLoughlin, James McCarthy, Maura Moran, man brought the joy of music to hundreds of Paul Nannini, Bruce Olmanson, Thomas students for more than thirty years. He started HON. FORTNEY PETE STARK O’Shea, Mary Pinelli, George Putkey, Eliza- teaching at South San Francisco High School OF CALIFORNIA beth Randall, Timothy Rea, Marie Antoinette in 1950, and created the Blue Knights, a jazz IN THE HOUSE OF REPRESENTATIVES Rodriguez, Mary Rushka, Kimberly Seitz, ensemble that won countless awards and put Tuesday, November 13, 2012 Debra Sola, Terrie Sottile, Marialena Spadaro, South San Francisco High School’s music pro- George Tinetti, Barbara Trapp, Robert Trapp, gram on the map. The Blue Knights were one Mr. STARK. Mr. Speaker, I rise today to pay Linda Tricerri, Peter Woolery, Nina Varni, of the first high school jazz ensembles and tribute to the 40th anniversary of the creation Thomas York, David Zanini, and Loretta paved the way for similar programs around the of the Don Edwards San Francisco Bay Na- Zolezzi. country. This jazz group is still part of South tional Wildlife Refuge, the first urban national By today’s standards, a class of 45 is un- San Francisco High School’s music program Wildlife Refuge established in the United heard of, but the Holy Angels students assert today. States. The Refuge is dedicated to preserving that it didn’t harm any of them in their later Mr. Heckman’s passion for music spread to and enhancing wildlife habitat, protecting mi- lives. They moved on to careers in teaching, his students, many of whom have remained in gratory birds, protecting threatened and en- public safety, law enforcement, the military, touch with him. In 2006, 180 former Blue dangered species, and providing opportunities the medical field, and more. Many of them Knights from around the country gathered to- for wildlife-oriented recreation and nature stayed right here in the Colma and Daly City gether for a reunion. Many of them continue to study for the surrounding communities of the area, home to Holy Angels. play music, both recreationally and profes- south San Francisco Bay area. The class of 1969 was the first second sionally, a testament to Mr. Heckman’s influ- As of 2004, the Refuge spans 30,000 acres grade class to celebrate their First Holy Com- ence on his pupils at such a transformative of diverse habitats throughout South San munion in 1963, a year after Holy Angels age. Francisco Bay, including open bay, salt ponds, church was built. All of the teachers at the In 1958, Mr. Heckman received his Master’s salt marshes, mudflats, upland areas and school were nuns, except for Miss Sandy degree from San Francisco State University. vernal pools. Located along the Pacific Sheffield—unanimously voted everyone’s fa- He also earned a Bachelor of Arts Degree in Flyway, the Refuge hosts over 280 species of vorite teacher in the 4th grade for her innova- Music in 1949 and a teaching credential in birds each year. Millions of shorebirds and wa- tive and fun teaching style. Until Miss Sheffield 1950 from the University of California-Berkeley terfowl stop to refuel at the Refuge during the brought in a pin˜ata, most students had never where he met his wife, Marie, who has since spring and fall migration. In addition to its sea- seen one. passed away. sonal visitors, the Refuge provides critical Another teacher bringing fond memories to During World War II, Mr. Heckman served habitat to resident species like the endangered the students is Miss Whitney who taught all his country in the United States Navy. He en- California clapper rail and salt marsh harvest the dance routines for the annual May Day tered the Navy in 1943 one month after grad- mouse. Today, hundreds of thousands of peo- festivities. Each class performed a variety of uating from high school. He attended college ple visit the Refuge each year to enjoy its di- folk dances on this popular day of games and raffles. in Missouri for 18 months, then transferred to verse wildlife and habitats. Back in the day, the TV show ‘‘The Man The Don Edwards San Francisco Bay Na- midshipman school at Cornell University From U.N.C.L.E.’’ brought out the best in a tional Wildlife Refuge is part of a complex of where he received his commission in May group of Holy Angel girls portraying them- 1945. He attended Fire Control School in Fort six other wildlife refuges in the San Francisco selves as secret agents. They would pass Lauderdale, Florida and was stationed aboard Bay Area. Created by legislation signed by around secret messages in an empty the aircraft carrier USS Midway CV–41. As a President Richard Nixon in 1972 as the San Chapstick container and they would reveal the Fire Control Officer he spent one year on Francisco Bay National Wildlife Refuge, and locations of dangerous enemy agents via board the Midway until he was honorably dis- administered since then by the U.S. Fish and walkie talkies. The Class of 1969 refuses to charged in July of 1946. Wildlife Service, it was renamed the Don disclose whether one of the class members For many years, Mr. Heckman participated Edwards San Francisco Bay National Wildlife later joined the CIA. in community organizations, including a long Refuge in 1995 in recognition of Congressman Life at Holy Angels wasn’t all fun and tenure as a member of the South San Fran- Don Edwards’ efforts to protect sensitive wet- games. In 1963, televisions were not part of cisco Elks Lodge. In addition, he helped cre- lands in the South San Francisco Bay. the regular classroom, but when President ate the School Personnel Credit Union and led I join in congratulating the Don Edwards Kennedy was assassinated, the nuns brought that organization for 17 years, contributing as San Francisco Bay National Wildlife Refuge in TVs so that the students could witness the a board member, secretary and president. on its 40th anniversary and I applaud the com- funeral. After retiring, Mr. Heckman began a suc- mitment of all who have contributed over Mr. Speaker, I ask the House of Represent- cessful business tuning pianos. At 87, Mr. these many years to preserving and protecting atives to rise with me to honor the Holy An- Heckman continues to play the trombone with our precious San Francisco Bay. gels Class of 1969 which reminds all of us of

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The sincere tears shed after him by all nearly 1,000 hospital employees dancing to HON. WILLIAM R. KEATING classes of people is nothing other than an ap- the Katy Perry song ‘‘Part of Me’’ while wear- propriate manifestation to this great hero OF MASSACHUSETTS ing pink gloves. Lexington Medical Center and modern Turkey’s Ata. IN THE HOUSE OF REPRESENTATIVES beat 260 other health organizations. And, it As Co-chair of the Congressional Turkey was the second year in a row they won this Tuesday, November 13, 2012 Caucus and on behalf of Turkish Americans, I contest. Mr. KEATING. Mr. Speaker, I rise today to join my friends in paying tribute to a great man We are fortunate to have the leadership of recognize the New Bedford Area Chamber of and a great leader. I congratulate the people Lexington Medical Center President and CEO Commerce as the organization celebrates its of Turkey, and continue to work to remember Mike Biediger, Board Chairman Dan Jones, 126th Annual Meeting this year. Ataturk’s legacy and his contributions to world and Director of Marketing Mark Shelley. Thank Founded in 1885, the New Bedford Area peace and to the region. you to Lexington Medical Center for everything Chamber of Commerce today serves ten com- f they do to treat cancer patients and educate munities situated along the South Coast of our community about cancer prevention. Massachusetts. Those ten communities, in ad- IN RECOGNITION OF THE REOPEN- f dition to the city of New Bedford, include ING OF ST. EMERIC CHURCH Acushnet, Dartmouth, Fairhaven, Freetown, HONORING WORLD WAR II VET- Mattapoisett, Marion, Rochester, Wareham, ERAN, AVIATOR AND PATRIOT HON. DENNIS J. KUCINICH LT. VICTOR B. SCHOON and Westport. Over 210,000 Massachusetts OF OHIO residents are served by this Chamber as the IN THE HOUSE OF REPRESENTATIVES organization guides local economic develop- HON. JUDY CHU ment, and encourages professional develop- Tuesday, November 13, 2012 OF CALIFORNIA ment among its members. The positive impact Mr. KUCINICH. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES that the New Bedford Area Chamber of Com- honor of St. Emeric Church, one of the 11 Tuesday, November 13, 2012 merce has had on Massachusetts’ South Cleveland Catholic Diocese parishes that will Ms. CHU. Mr. Speaker, I rise today to rec- Coast region over the course of its 126-year be reopening this year. ognize a great loss to our community, Lt. Vic- lifetime cannot be overstated, and I look for- In 2009 it was announced that several of tor B. Schoon, who passed away on Sep- ward to seeing the Chamber’s continued suc- the Cleveland Catholic Diocese’s area church- tember 25, 2012 at the age of 93. My heart cess in the future. es, including St. Emeric, were to close. How- goes out to his loving children, Andra Lew, Jo- Mr. Speaker, I ask that my colleagues join ever, just months ago, the Vatican overruled Anna Schoon-Kormo, and Marcus Victor me in congratulating the New Bedford Area this decision and St. Emeric reopening its Schoon; his grandchildren, Michael Lew, Ken- Chamber of Commerce upon its 126th Annual doors on and celebrated its first mass on Sun- neth Schoon, Juliarma Marie Schoon, Eric Meeting and in thanking this organization for day, November 4, 2012. St. Emeric was the Konno and Allison Konno; and the rest of his its years of service to the South Coast com- last of the 50 churches closed and was be the family, friends and loved ones. He now goes munity. I am certain that the Chamber’s and last of the eleven to reopen. to join his loving wife, Dora Song, who passed its member organizations’ future will be bright. St. Emeric Church was founded in 1904 and away in 1999. f has been home to many of the Cleveland When Lt. Schoon enlisted in the Army Air Corps in 1943, he did so during a time when REMEMBERING KEMAL ATATURK area’s Hungarian-American Catholic commu- nity. Prior to its closing on June 30, 2010, St. Chinese Americans could not vote, could not Emeric Church was home to nearly 650 pa- immigrate to the United States, and could not HON. STEVE COHEN rishioners. even become citizens. But he enlisted any- OF TENNESSEE The celebratory mass that ushered in the way, regardless of the prejudice and discrimi- IN THE HOUSE OF REPRESENTATIVES reopening of St. Emeric Church was held on nation he faced. Such was his patriotism to his Tuesday, November 13, 2012 November 4th, which is especially significant country. Within two short years of his enlistment, Lt. Mr. COHEN. Mr. Speaker, as countries in for the parish because it is also the feast day of St. Emeric. The mass was led by the Schoon had become a First Lieutenant piloting the Middle East undergo drastic change, they his own B–17 over the European Theatre dur- are redefining their political systems, looking parish’s former pastor, Reverend Sandor Siklodi, who was transferred to Chicago’s St. ing World War II. He served with distinction, to other countries in the region, like Turkey, to stationed with the 340th Bomb Squadron, 97th serve as examples of positive transition. In Stephen King of Hungary parish in 2010. Siklodi had served as St. Emeric’s pastor for Bomb Group based in Foggia, Italy between Turkey, November 10th is a date remembered 1944 and 1945. 24 years after being sent to the church by a for the premature death of Kemal Ataturk, the During that time he saw air combat over the Hungarian bishop in Romania. The parish- leader of modern Turkey who transformed that Balkans, Southern France, Germany, Rome, country from an agrarian society caught in the ioners of St. Emeric appealed for the return of Arno and the North Appennines. And thanks past to a modern, secular and forward looking Rev. Siklodi because he performs mass in to his bravery, skill and flying prowess, he flew western model. While the changes were rec- their native Hungarian language. 50 successful missions, bringing all of his 9 ognized at the time as stunning, given recent Mr. Speaker and colleagues, please join me crew members home safely, and contributing developments in the region, Turkey’s trans- in recognizing the reopening of St. Emeric to the Allies’ defeat of the Axis powers and the formation is even more relevant and note- Church, a beloved parish that has returned to end of the war. worthy today. Cleveland’s near West Side neighborhood. For his efforts he was rewarded with the Eu- President John F. Kennedy noted: f ropean, African and Middle Eastern Theater The name of Ataturk reminds people of the Service Medal; an Air Medal with 2-Oak Leaf LEXINGTON MEDICAL CENTER historical successes of one of the great indi- Cluster; and a Distinguished Unit Badge. viduals of this century, the leadership that WINS ‘‘PINK GLOVE DANCE’’ He went on to receive an honorable dis- gave inspiration to the Turkish nation, far- VIDEO COMPETITION charge, enrolled at the University of California, sightedness in the understanding of the mod- Berkeley and earn a bachelor’s degree in ar- ern world and courage and power as a mili- chitecture. He became a successful architect, tary leader. It is without a doubt that an- HON. JOE WILSON other example can’t be shown indicating OF SOUTH CAROLINA drawing custom office buildings for various greater successes than the birth of the Turk- IN THE HOUSE OF REPRESENTATIVES prestigious firms and opened his own architec- tural firm in Hollywood. ish Republic and ever since then Ataturk’s Tuesday, November 13, 2012 and Turkey’s broad and deep reforms under- But this selfless patriot, who dropped out of taken as well as the confidence of a nation in Mr. WILSON of South Carolina. Mr. Speak- high school to help provide for his nine sib- itself. er, congratulations to Lexington Medical Cen- lings after his parents’ death, who enlisted in

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K13NO8.004 E13NOPT1 jbell on DSK7SPTVN1PROD with E1742 CONGRESSIONAL RECORD — Extensions of Remarks November 13, 2012 the military despite the prejudice of the times HONORING GIL WATERS One of Gil’s greatest honors occurred on and great personal danger to himself, and who December 27, 1999, when The Sarasota Her- went on to serve his community so admirably, HON. VERN BUCHANAN ald Tribune named Gil one of ‘‘The 10 Most died before receiving the Distinguished Flying OF FLORIDA Influential Businesspeople of the 20th Cen- Cross Medal he so deserved. IN THE HOUSE OF REPRESENTATIVES tury.’’ I urge my House colleagues to join me in Tuesday, November 13, 2012 f honoring Lt. Schoon for his record of bravery, Mr. BUCHANAN. Mr. Speaker, I rise today TRIBUTE TO RIVERSIDE COUNTY’S indomitable spirit and remarkable service to to honor Gil Waters of Sarasota FL, born in RECIPIENTS OF OPERATION REC- his community and to our nation. 1927 and raised in Pennsylvania, Connecticut, OGNITION and New York. By 1955, Gil graduated from f Yale University, moved to Sarasota, married HON. KEN CALVERT Elizabeth Boylston, served in the Navy during OF CALIFORNIA IN REMEMBRANCE OF JERRY A. the Korean War, and started a family. Over IN THE HOUSE OF REPRESENTATIVES VITTARDI the next 58 years, Gil left an indelible mark on Sarasota/Manatee County and the State of Tuesday, November 13, 2012 Florida. All while being a loving father to three Mr. CALVERT. Mr. Speaker, I rise today to HON. DENNIS J. KUCINICH children, Christopher, Robin, and Michael. honor and pay tribute to a group of individ- OF OHIO Gil founded the FCCI Fund in 1959. Upon uals—heroes—who are receiving the recogni- his retirement in 1985, Florida Trend ranked tion and honor they deserve for their service IN THE HOUSE OF REPRESENTATIVES FCCI as one of Florida’s largest private com- to our country. Operation Recognition is oper- Tuesday, November 13, 2012 panies. It was Florida’s largest self-funded ated by the Riverside County Office of Edu- workers-compensation companies and one of cation with assistance from the Riverside Mr. KUCINICH. Mr. Speaker, I rise today in the largest in the nation. Gil created WIMCO County Department of Veterans’ Services. The honor and remembrance of Jerry A Vittardi. (Waters Insurance Management Company) in program awards high school diplomas to vet- 1979 and FEISCO a, NASDAQ-listed, captive erans who missed completing high school due Jerry was born on January 18, 1925 to ‘‘reinsurance’’ company in 1980. In 1982, he to military service in World War II, the Korean Matio and Anna Vittardi. He was a World War founded Keep-Well Health Insurance. Gil, is War, or the Vietnam War, or due to internment II veteran who served in the U.S. Army Air an entrepreneurial visionary who revolution- in WWII Japanese-American relocation camps. Corps. Jerry was married to his wife, ized the workers-compensation insurance in- A recognition ceremony was held on No- Marianne, for 60 years and they had six chil- dustry. vember 7, 2012, for the following individuals dren together: Richard, Renee, Gerianne, From 1956 to 1970, Gil served as Executive who received their high school diplomas Marty, Mickey and Ed. Jerry and Marianne Secretary for Sarasota/Manatee County Gulf through Operation Recognition: raised their family in Parma, a city in which Coast Builders Exchange; Executive Secretary Edward A. Alfaro; Anthony John Amoroso; they would remain and where he began a life- for Consulting Engineers Counsel of Florida; Edward Barr; Leroy Burbidge; Justino Castillo; time of public service. Public Relations Counsel for New College; Harry J. Dillon; James N. Ellis; James Albert In 1960, he was elected to the Parma City and served as a Sarasota City Commissioner. Finch; Irving G. Fowler; Robert Ray Gooch, Council to represent Ward 2, serving as a In 1970, Gil ran a successful State Constitu- Jr.; Herb Levine; Donald George Marion; tional Amendment regarding mobile home tax- councilman for 5 years. While serving the City Marvin Odell Pace; Anastacia P. Panarites; ation. From 1977 to 1984 he became a state- of Parma, he gained a reputation as a trust- Thomas James Plouffe; Michael Loren Ritten- wide lobbyist for workers compensation in Tal- house; Robert Rodriguez; Edward L. Ryan; worthy partner for others who were running for lahassee. Gil organized and served as first Robert Irwin Stover; Glenn C. Waggoner Jr.; seats within the Democratic Party. He cam- president of Florida Self Insurance Associa- Robert Lee Williamson; James Verne Olson; paigned for Governor Richard Celeste, Sen- tion, producing a wide ranging bill that passed and Thomas Eugene Butler. ator Howard Metenzbaum, Congressman Ron the Florida State Legislature, providing wage- Our country owes a debt of gratitude to all Mottl, Attorney General Lee Fisher, Parma loss protection for injured workers. the above recipients for their service and sac- Mayor Michael Ries, for his son Councilman Between 1987 and 2003, Gil spearheaded rifice. I salute all the above individuals and Martin Vittardi and for myself. grassroots efforts to replace the Ringling congratulate them on receiving their high Jerry’s dedication to public service contin- Bridge. The Florida State Legislature honored school diploma. ued throughout his life. In addition to serving him by renaming the bridge, ‘‘Gil Waters f as a Democratic Ward leader and Democratic Bridge’’ on the Ringling Causeway. He was honored and humbled, and instead, requested IN HONOR OF MR. RICHARD Precinct Committeeman, he served as an GRIMMETT electrical inspector for the City of Parma for 2 a plaque be placed at the bridge paying tribute years from 1958–1960, and later served as a to every citizen who supported the construc- tion of the fixed-span bridge. building inspector for the city from 1967–1980. HON. DENNIS J. KUCINICH In addition, he dedicated 40 years to devel- From 1980 through the late 1990s, he worked OF OHIO oping condominium, single family, retirement IN THE HOUSE OF REPRESENTATIVES for the State of Ohio, Ohio Lottery as a field and nursing communities. He also impacted representative. Heavily involved in the commu- municipal planning and growth, served his Tuesday, November 13, 2012 nity, Jerry was also a member of the Fraternal community and state as a philanthropist Mr. KUCINICH. Mr. Speaker, I rise today in Order of Eagles in Cleveland and coached through public and private schools, Florida honor of Mr. Richard Grimmett, who is retiring local baseball and softball teams. He strongly State’s Asolo Repertory Theater, Florida West after 38 years of dedicated service with the supported the local sports teams and loved Coast Symphony Association, New College Congressional Research Service (CRS). watching the Cleveland Indians and the Cleve- Music Festival, Sarasota Opera, Hermitage An Ohio native, Mr. Grimmett attended Kent land Browns. Artist Retreat, Sarasota Memorial Hospital, State University, where he earned a Ph.D. in Jerry is survived by his children and 13 and others. He received environmental awards American history and focused on U.S. national grandchildren: Joy, Greg, Amy, Vincent, from the Audubon Society, Save Our Bays, security policy. Since joining CRS in 1974, Mr. Kristen, Jamie, Allison, Jessica, Mark, Leah, and Sarasota Garden Club. Grimmett has been a specialist on defense Michael, Holly and Eric. In addition, he was a At 85, Gil enjoys traveling with his second and foreign policy issues. Specifically, his ex- beloved great-grandfather to 17. He had a wife, Elisabeth; however, he is never far from pertise lies in international arms trade, over- his 55-year vision to complete Sarasota’s seas U.S. military bases, war powers and in- very special place in his heart for his great- 1959 Architectural Plan—connecting Island telligence. Throughout his time with CRS, Mr. grandchildren baby Jack and baby Blake. Park/Marina Jacks to Main Street over U.S. Grimmett has worked intimately with Senate Mr. Speaker and colleagues, please join me 41, with a safe-walkable overpass; and, Main and House Select Intelligence Committees in remembrance of Jerry A. Vittardi. May his Street becoming a walkable city-center, daily and the Senate Foreign Relations Committee. life of public service and his role as a loving attracting 1000’s of visitors and residents. Gil Mr. Grimmett has proven time and again husband, father, grandfather, and great-grand- likes to say, ‘‘Come for an hour, stay for the that he is a vital asset to the U.S. Congress. father serve as an example to us all. day!’’ His support and intelligence are evident in the

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13NO8.004 E13NOPT1 jbell on DSK7SPTVN1PROD with November 13, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1743 Arms Export Control Act, and the handling of For his devotion and assistance to the Arch- Obama took office, the national debt was the Iran-Contra Affair and aftermath of the at- diocese, Joe was knighted into the Order of $10,626,877,048,913.08. tacks on September 11, 2001. Personally, Mr. St. Gregory, the Order of Malta, and the Order Today, it is $16,244,708,707,467.25. We’ve Grimmett’s vast knowledge of the War Powers of the Holy Sepulcher. added $5,617,831,658,554.17 to our debt in 3 Resolution has been of immeasurable value to In 2005, Joseph found love for the second 1/2 years. This is $5.6 trillion in debt our na- me throughout my tenure in Congress. time with Dolly Principe. Dolly and Joe had tion, our economy, and our children could Mr. Speaker and colleagues, please join me known each other since the 1970s through have avoided with a balanced budget amend- in honoring the distinguished career of Mr. their competing real estate firms, and over the ment. Richard Grimmett. His support has been un- years had remained friends. Fate brought f paralleled and his absence will be felt by them together again, and they fell in love and every Hill staffer and member of Congress. married later that year. IN RECOGNITION OF SGT STEVEN B. DAVIDSON f Joe is survived by Dolly; his three children, Joseph A. Brown, Madeleine P. Brown and IN MEMORY OF JOSEPH PAUL Mark J. Brown; 12 grandchildren and 13 great- HON. MICHAEL C. BURGESS BROWN grandchildren; and many loving friends. OF TEXAS Mr. Speaker, Joseph Paul Brown was a IN THE HOUSE OF REPRESENTATIVES longtime special friend and a talented busi- HON. ELTON GALLEGLY Tuesday, November 13, 2012 OF CALIFORNIA nessman who was equally successful as a IN THE HOUSE OF REPRESENTATIVES family man and philanthropist. I know my col- Mr. BURGESS. Mr. Speaker, I rise today to leagues join me in remembering his great con- recognize the 50th anniversary of the Tuesday, November 13, 2012 tributions to his community, and in extending Lewisville Area Chamber of Commerce. Mr. GALLEGLY. Mr. Speaker, I rise in mem- our condolences to his family and many Through fostering job creation, encouraging ory of my good friend, Joseph Paul Brown, friends. education, and promoting strong business who passed away earlier this year at 86 years f foundations, the Lewisville Area Chamber of young. Commerce has contributed to the success of Joe Brown was a devoted family man, a re- IN RECOGNITION OF THE 45TH AN- small businesses in Lewisville since 1962. Its altor and business leader, an avid sportsman, NIVERSARY OF NORTHEAST members, dedicated entrepreneurs and busi- a philanthropist, a mentor, and a role model. OHIO NEIGHBORHOOD HEALTH ness owners, strive to improve our economy A native Southern Californian, Joe traced his SERVICES, INC. by following their mission of promoting eco- roots on his mother’s side to the first citizens nomic growth for the local business commu- of California, who arrived in 1775 by crossing HON. DENNIS J. KUCINICH nity. the Sonoran Desert with Captain Juan OF OHIO As a former small business owner, I know Bautista De Anza. IN THE HOUSE OF REPRESENTATIVES firsthand the importance of business expan- At age 17, Joe joined the U.S. Coast Guard Tuesday, November 13, 2012 sion in the community, and this exceptional to serve his country during World War II. After group has proven to be a driving force for Mr. KUCINICH. Mr. Speaker, I rise today in his discharge, he attended Loyola University local businesses. Their mission of promoting recognition of Northeast Ohio Neighborhood and graduated in 1950 with a degree in engi- economic growth of the local business com- Health Services, Inc. NEON, as it celebrates neering. That same year he married his child- munity through ‘‘Leading Business, Leading its 45th anniversary. hood sweetheart, Lydia T. Brucklemeir. They Lewisville,’’ is a true testament to their sustain- NEON was established in 1967 as a net- were married for 57 years until her death in ability over the past 50 years. It is an honor work of community health centers to provide 2004. to celebrate this important anniversary with the medical and dental services to the uninsured In the mid-1950s, Joe began his career as Lewisville Area Chamber of Commerce, and I and underinsured in the Greater Cleveland a developer and builder with the Janss Cor- am privileged to represent the Lewisville Area area. Since its founding, NEON has strived to poration. Through the years he served as Chamber of Commerce and Lewisville, Texas create healthy neighborhoods through acces- president of the Janss Realty Co., which he in the U.S. House of Representatives. sible community-based health care. In 2001, later purchased, and as a vice president of the f Janss Corporation. As such, he assisted in the NEON was selected as a National Community development of more than 10,000 acres in the Center of Excellence in Women’s Health. IN RECOGNITION OF MRS. MARY P. Conejo Valley area. One of his first projects NEON currently operates six health centers DENIHAN was to join in the efforts to bring outside water in the Greater Cleveland area; the East Cleve- to the valley, which enabled the area’s growth. land, Norwood, Hough, Collinwood, Southeast HON. DENNIS J. KUCINICH As a leader in the Conejo Valley community, and Superior Health Centers. The centers em- ploy 35 physicians, 10 dentists and a staff of OF OHIO Joe helped bring numerous businesses to the IN THE HOUSE OF REPRESENTATIVES area, including the development of the Oaks Certified Nurse-Midwives and other support Mall Shopping Center and the sale of 2,000 personnel. Tuesday, November 13, 2012 The health centers offer accessible, com- acres from the Janss Family to MGM Studios, Mr. KUCINICH. Mr. Speaker, I rise today in prehensive primary care services, including which had planned to move its operations to recognition of Mrs. Mary P. Denihan, who is adult medicine, pediatrics, family practice, OB/ the area. While at Janss, he was intimately in- retiring after a long career of dedicated public GYN, behavioral health, dental, optometry, po- volved in the planning, development, and mar- service to the residents of Northeast Ohio. diatry services, x-ray, mammography, labora- keting of Sun Valley, Idaho, Snowmass-at- Mary Denihan is currently the Senior Admin- tory and pharmacy. Additionally, NEON pro- Aspen, and Northstar at Tahoe. istrative Officer for the Cuyahoga Support En- vides patients access to social work, health But Joe was most proud of his efforts to forcement Agency (CSEA). She has previously education, family planning and nutritional make the Conejo Valley a great place to live, held a number of roles assisting the public. counseling. work, and play. In addition to his successes in Early in her career, she worked as the assault Mr. Speaker and colleagues, please join me business, Joe, a devout Catholic, devoted prevention coordinator with the Lake County in recognizing the 45th anniversary of North- himself to those in need. He founded the Sexual Assault Center. She later joined Moth- east Ohio Neighborhood Health Services, Inc. Men’s Advisory Board to Mary Health of the ers Against Drunk Driving where she served Sick and helped form Many Mansions. He was f as their state administrator. a founding member of the board of Ventura OUR UNCONSCIONABLE NATIONAL Mrs. Denihan initially joined the Cuyahoga County Community Foundation and volun- DEBT Support Enforcement Agency on January 28, teered on numerous advisory boards and 1991 as a support officer in the Establishment committees for the City of Thousand Oaks and HON. MIKE COFFMAN Unit. She was instrumental in the success of La Reina High School. He also was a member OF COLORADO the Teen Paternity Project. She worked as a public information officer and senior public in- of the Board of Regents, California Lutheran IN THE HOUSE OF REPRESENTATIVES University. formation officer before becoming a senior ad- In recognition of his many successes, Joe Tuesday, November 13, 2012 ministrative officer. Throughout her tenure with was bestowed an Honorary Doctor of Laws Mr. COFFMAN of Colorado. Mr. Speaker, CSEA, Mrs. Denihan has been an invaluable Degree from California Lutheran University. on January 20, 2009, the day President resource to my office in assisting our efforts to

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K13NO8.009 E13NOPT1 jbell on DSK7SPTVN1PROD with E1744 CONGRESSIONAL RECORD — Extensions of Remarks November 13, 2012 fulfill the needs of the residents of my district. tions and donors. Dr. Franklin has been instru- sonnel, volunteers and residents are honored Her dedication and intellect will be missed mental in the school’s plan for the internation- annually for their dedication, hard work and throughout the entire community. alization of its campus, with a special empha- courage. Following her retirement, Mary plans on sis on curriculum and study abroad experi- Larry was prominent in the development spending more time with her family. She has ences. Moreover, significant updates and ren- and expansion of senior services, which were been married to her husband, Bill, who cur- ovations have been made to Graves Hall, the scant before he was elected to the city coun- rently serves as the Chief Executive Officer for oldest building on campus, as well as many cil. Larry saw the initiation of Lakewood’s the Alcohol, Drug Addiction, and Mental other structures. In 2010, the Ray Charles DASH senior transit system and exercise and Health Services Board of Cuyahoga County Performing Arts Center was dedicated and this fitness programs at the city’s two senior cen- for 23 years. She is the proud parent of 4 chil- state of the art facility now serves as the prac- ters. He was also a champion of growing dren, 7 step children and 34 grandchildren. tice and performance space for the College’s Lakewood’s business and commercial base, Mr. Speaker and colleagues, please join me world renowned Glee Club; the Morehouse which included modernizing the second largest in recognizing the storied career of Mrs. Mary Jazz Band; Morehouse College Jazz Ensem- shopping center in Los Angeles County, Lake- P. Denihan and congratulating her on her re- ble; and ‘‘House of Funk’’ Marching Band. wood Center Mall. tirement. One of the many things I admire most about Larry was born in Seville, Ohio in 1933 and f Dr. Franklin is his unfailing dedication to More- moved to Lakewood in 1958, just four years house College. After graduating from the after the city was incorporated. He was active IN RECOGNITION OF DR. ROBERT school in 1975, he came back years later to in Lakewood civic life for over 40 years, in- M. FRANKLIN lead Morehouse in its mission to develop men cluding membership in the Elks Club, Jaycees, with disciplined minds who will lead lives of Kiwanis Club, Lakewood Pan American Asso- HON. SANFORD D. BISHOP, JR. leadership, service and self-realization. And he ciation, and Masonic Lodge & Scottish Rite. OF GEORGIA is still not gone for good! After a sabbatical as As you are aware Mr. Speaker, many of our IN THE HOUSE OF REPRESENTATIVES a Scholar in Residence at Stanford Univer- colleagues in city government have a funda- Tuesday, November 13, 2012 sity’s Martin Luther King, Jr. Institute, Dr. mental impact on the lives of our constituents Franklin will return to Morehouse College as and they rarely get the recognition that they Mr. BISHOP of Georgia. Mr. Speaker, I rise President Emeritus and Distinguished Pro- deserve. The city of Lakewood will miss Larry, today to pay tribute to Dr. Robert M. Franklin, fessor, the college’s highest honor. and I stand with many in our community in the tenth president of Morehouse College in Mr. Speaker, I ask my colleagues to join me sending my thoughts and prayers to his family. Atlanta, Georgia, in honor of his retirement in paying tribute to Dr. Robert M. Franklin for Thank you Mr. Speaker, I ask for a moment of after 5 years as head of the school. He will be his 5 outstanding years as President of More- silence for Larry Van Nostran, a true public honored at a reception on Friday, November house College, my beloved Alma Mater. He servant, and I yield back the balance of my 9, 2012, in Atlanta. has transformed the lives of countless young time. A native of Chicago, Dr. Franklin is an alum- men and inspired them to become our future nus of Morehouse College. He also received a leaders. Master of Divinity degree from Harvard Divinity f f School in 1978 and a Ph.D. from the Univer- IN HONOR OF ENDA KENNY, PRIME sity of Chicago Divinity School in 1985. In HONORING COUNCIL MEMBER MINISTER OF THE REPUBLIC OF 1973, he received an English Speaking Union LARRY VAN NOSTRAN IRELAND scholarship to attend the University of Durham ´ in England. Dr. Franklin is also the recipient of HON. LINDA T. SANCHEZ HON. DENNIS J. KUCINICH honorary degrees from Bethune Cookman OF CALIFORNIA OF OHIO University, Bates College, and Swarthmore IN THE HOUSE OF REPRESENTATIVES College. IN THE HOUSE OF REPRESENTATIVES Tuesday, November 13, 2012 Before he was the President of Morehouse Tuesday, November 13, 2012 College, Dr. Franklin served as the Presi- Ms. LINDA T. SA´ NCHEZ of California. Mr. dential Distinguished Professor of Social Eth- Speaker, it is with great sorrow that I an- Mr. KUCINICH. Mr. Speaker, I rise today in ics at Candler School of Theology at Emory nounce the passing of Larry Van Nostran, who honor of Mr. Enda Kenny, the Prime Minister University in Atlanta, Georgia. He was also served the city of Lakewood for 37 years. of the Republic of Ireland, on the occasion of President of the Interdenominational Theo- Larry was first elected to the Lakewood City the 2012 Mayo Society Banquet and Ball tak- logical Center in Atlanta. In addition, he Council in 1975. He is the longest serving ing place on October 13, 2012. served as a program officer in the Human council member in the city’s history, and was Prime Minister Kenny was born in Rights and Social Justice Program at the Ford serving his tenth term as a council member Islandeady, County Mayo on April 24, 1951 Foundation in New York. when he passed away Friday, November 9. and obtained degrees from St. Patrick’s Col- Dr. Franklin is the author of three books: During his 37 years on the council, he served lege of Education and University College of Crisis in the Village: Restoring Hope in African as the Mayor of the city nine times. Galway. Mr. Kenny boasts a long career in American Communities (2007), Another Day’s Among Larry’s most notable achievements public service. Following a brief stint as a pub- Journey: Black Churches Confronting the was the founding of the Lakewood Youth lic school teacher, he began his public service American Crisis (1997), and Liberating Vi- Sports Hall of Fame in 1981 and its continued career in 1975 when he was elected to the sions: Human Fulfillment and Social Justice in success for the past 30 years. The Hall of Da´il E´ ireann to fill his late father’s seat. African American Thought (1989). Fame has honored thousands of Lakewood Throughout his long career, Prime Minister Mr. Speaker, Dr. Franklin has revolutionized youth during that time, and has helped pro- Kenny served as the Minister of State for Edu- Morehouse College in many ways during his mote a vigorous sports and recreational cul- cation and Labour between 1986 and 1987. five-year tenure as President. His vision for ture in the city. This strong tradition was na- Additionally, between 1994 and 1977 he was Morehouse College is that the institution will tionally recognized by Sports Illustrated maga- the Minister of Tourism and Trade for Ireland. shape its students into Renaissance men who zine, who named Lakewood ‘‘Sportstown In 2002, he became the leader of his political are well-educated and ethical leaders with a USA’’ in 2004. party, the Fine Gael. social conscience and committed to cham- Larry was instrumental in helping create a On March 9, 2011, Mr. Kenny was elected pioning the causes of equality, justice and high quality of life in Lakewood’s neighbor- as the Prime Minister of the Republic of Ire- peace. During Dr. Franklin’s tenure as Presi- hoods and finding solutions to keep Lake- land. He is married to Fionnuala O’Kelly, and dent, Morehouse has continued to develop fu- wood’s crime rate low. Larry began his service has three children, Naoise, Ferdia and ture leaders who are disciplined, altruistic, and in Lakewood city government as a member of Aoibhinn. The Mayo Society Banquet and Ball wise. the Traffic and Safety Commission, and was a will also honor Mr. James Boland as the 2012 Under Dr. Franklin’s administration, More- longtime member of the Public Safety Com- Mayo Person the Year. house College has been recognized as the mittee as a member of the city council. He Mr. Speaker and colleagues, please join me Nation’s best liberal arts college by Wash- firmly believed that there’s not a more impor- in honor of Prime Minister Enda Kenny and in ington Monthly and has been a recipient of tant value than keeping a community safe. He recognition of his visit to Cleveland, Ohio on more than $60 million in federal grants as well was a strong supporter of the Lakewood the occasion of the Mayo Society of Greater as a number of gifts from prestigious organiza- Award of Valor event, where public safety per- Cleveland’s Banquet and Ball.

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K13NO8.011 E13NOPT1 jbell on DSK7SPTVN1PROD with November 13, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1745 IN HONOR OF THE WINNERS OF DEANNA PAUL, 7TH GRADE, 2ND PLACE WINNER In some countries, you can actually be THE HISTORICAL SOCIETY OF The first 10 amendments of the Constitu- shot at just for speaking your mind. A real WINSLOW TOWNSHIP’S VET- tion, or the Bill of Rights, set priceless life example of that is of a young female cit- ERANS DAY 2012 STUDENT ESSAY rights and freedoms that Americans may izen from Pakistan. In Pakistan, they are currently fighting for women’s rights. A CONTEST enjoy. There is a rather large variety of them, ranging from the freedom of speech to young lady spoke her opinion on women hav- just the right of traveling anywhere you ing education and she was shot. This reminds HON. ROBERT E. ANDREWS want in the nation. us that we are lucky, Those of us in America OF NEW JERSEY If you were to look in the dictionary for wouldn’t have been shot; we probably the word ‘‘freedom’’, you’d probably find would’ve been rewarded. lf the young women IN THE HOUSE OF REPRESENTATIVES that it means ‘‘free to do something or free had been from the United States that tragic Tuesday, November 13, 2012 of something’’, or anything within those situation would never have happened due to lines. That’d be correct. The many freedoms Mr. ANDREWS. Mr. Speaker, I rise today to the fact that women already have the right that we as Americans have should be treated to education. honor the winners of the Historical Society of like gifts, as they are. However, our free- If you asked a professor what freedom Winslow Township’s Veterans Day 2012 Stu- doms are often misused now, in a way our means to them, the answer would be a thou- dent Essay Contest. forefathers didn’t intend them to be. For ex- sand miles long. The answer is so long I These nine students, in the 7th and 8th ample, the freedom of speech, which is the couldn’t fit it in this essay. But if it some- grades at Winslow Township Middle School freedom to say our opinions as long as they how wasn’t clear how thankful I am for it, and 12th grade at Winslow Township High don’t cause any harm to others, is now being going to put it like this; Freedom is some- School, wrote on what the word ‘‘freedom’’ used to bully and cause mental pain to citi- thing to be thankful for. You should pray to zens by Americans who want to cause trou- means to them in their hearts. The moving your (a) god for it, discuss it at thanksgiving ble. dinner, and visit the graves of those who died prose of these young men and women is a Nevertheless, our freedoms are still gifts for it. You never know, thousands of miles testament to the patriotic spirit of the citizens and worth protecting. The many veterans away someone might be praying for the free- of South Jersey and an inspiration to all Amer- who have fought for our country by sacri- dom you already have. ficing themselves, whether they were killed icans. For that reason, Mr. Speaker, I submit AKAASH PATEL, 8TH GRADE, 1ST PLACE or wounded physically or mentally in battle the following for the CONGRESSIONAL RECORD: WINNER or returned home intact, should and are re- KELLI O’NEIL, 7TH GRADE, 1ST PLACE WINNER spected by our nation. They fought or are Freedom . . . Such a small word for a very By definition freedom is; the power to de- fighting at the moment to keep things the meaningful definition. Every day of our lives termine action without restraint. But free- way that they should be, to protect the mil- we are presented with this right. However, dom means monumentally more than that to lions of Americans who have the access to what exactly does freedom mean to you? To me. Speech, expression, faith these are only the freedoms in the Bill of Rights. Without me, freedom means the moral principle of a few of the stripes on the beautiful rainbow those brave men and woman, we might not being able to choose how you live your life. that is freedom. Freedom is what sets Amer- be the way we are today, as we would be vul- Before freedom we were told what to believe ica so high above the rest, what makes it nerable to other countries who mean harm in. We had no say so on what our lives would such a beautiful place to live. to Americans because of our freedoms and be like. However, we, as a united nation cele- Every Sunday, millions of Americans go to policies. brate and declare freedom; not as a privilege church. Imagine if these millions of people Personally, I’m so used to these freedoms but as a right. were in a different country. Practicing their that they seem ordinary and unimportant, Our forefathers fought for the right of free- own religion may not be legal. Whilst this but after reading so many articles about the dom. They put their lives on the line for the goes on for myself and to most Americans lifestyles and other events occurring in other sake of other people’s rights. We should al- going to church feels like such a simple lib- parts of the world, I feel extremely lucky— ways be grateful that our founding fathers erty. and proud. I’ve learned that not all countries gave us freedom. Moreover, we should con- As an adolescent female I am still in are lucky enough to have the same rights stantly honor America’s veterans and active school getting an education and plan to con- and freedoms that we are able to have, and military. They have and are putting their tinue through college. Now let’s pretend I that’s worth protecting. feelings for this country into actions, not am in some other country for example. I While practicing these freedoms through- words. A picture paints a thousand words. would not be in school, I would be home out your ordinary lives, remember: They’re USA has many veterans coming back from doing housework caring for my siblings. special. People are out there fighting; just Afghanistan. Some have come back from Back in America I am permitted to wear for us to feel safe while exercising those Vietnam. Some are even coming back from whatever clothing I wish to wear; however, rights we were given. Be grateful. Use them top priority missions that they enlisted in. in some countries I shouldn’t even show my the way they were intended to be used. And However, all of these men and woman have own hair. All of these wonderful rights that most importantly, respect our veterans. one definite thing in common, their reason. I do have are given to me simply because SARAH MARSHALL, 7TH GRADE, 3RD PLACE All war veterans’ reason for fighting always America values freedom. Our flag flying WINNER traces back to freedom. They believe in free- through the air sings of freedom. And the Freedom is a lot of things. To an American dom and know deep in their heart what it graceful eagle soaring through the heavens citizen it is a privilege. To a mother in a dic- means to them. America’s veterans were, screams freedom. Every day, I look at the tated country it’s a hope. Or to a govern- are, and forever will be dedicated to freedom. I think that freedom is a very things I do and wear and I am truly grateful ment figure it is a law. But no matter what unappreciated right. As a kid I woke up for America and all of its freedoms. it means to different people, the definition of every day able to believe in what I wanted I have the privilege of being in an honors freedom will always be the same to me; a to. I was born into my religion. However I writing class, and in this class I write ex- right. actly what I think and feel about any and Freedom can come in all different forms. was not necessarily forced to accepting it. every thing without fear of punishment by For example; you could have freedom of This was the perfect world our country’s law. I cannot say the same for many other speech, freedom of expression or freedom of founders, veterans, and active military had children in foreign countries. In these coun- religion. With freedom, I can speak out created for me and everyone else to share. In tries writing the way they feel about things against almost anything (including our po- spite of this, we truly do not honor this right like laws, politics, and leaders can result in litical and government system); I can choose enough despite the immense value it holds. great punishment. Without the freedom to and practice my own religion without fear of You never miss something until you lose it. In conclusion, freedom is essential in peo- express how I feel I don’t know how I would being abused or jailed, and so much more. ple’s lives. We are free to choose any reli- survive. My opinions are who I am, and they Freedom is an important part to a great gion, believe in what we want, and do what are a piece of me. country. Lee Greenwood once said, ‘‘proud to be an In my opinion, everyone should be allowed we want. This entitlement to every US cit- American Where at least I know I’m free, to have freedom. It’s not right to be killed or izen keeps this country intact. In contrast, and I won’t forget the men who died who abused because of what you believe in or say. we would have never had this right unless gave that right to me.’’ This is so incredibly Some people take things like freedom, life our veterans and active military had not true, and I would like to take this moment and rights for granted. Not me. I will always protected this sacred allotment. To sum it in time to put the spotlight on the soldiers remember that it is a huge privilege that a up, thanks to our brave and bold veterans who have passed away, our veterans, and our lot of people don’t receive. I will also keep in and our courageous active military we live soldiers who are currently serving because mind not to abuse my rights and freedom be- our lives and cherish freedom. they are the sole reason for all of these fan- cause people died for it. They died for you HARLEIGH MAE BURKE, 8TH GRADE, 2ND PLACE tastic freedoms that me and my fellow and me, and everyone else in America to be WINNER Americans have today. able to express ourselves without risk. To In the 1700’s, when our founding fathers So, in conclusion, freedom is the biggest have my rights taken away would be a dis- began sculpting the Constitution of our na- blessing ever bestowed upon the American honor. And I really hope that everyone who tion, there was one thing they all agreed on: people, and it is not to be taken for granted. does have freedom realizes that. Freedom is a right all people should be given

VerDate Mar 15 2010 04:30 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A13NO8.012 E13NOPT1 jbell on DSK7SPTVN1PROD with E1746 CONGRESSIONAL RECORD — Extensions of Remarks November 13, 2012 from birth, and the work they do under this erans are extremely grateful for the freedom any other found in the English language. But liberty is how they earn their fortunes. To we have in our country because they know how can such a commanding word be de- earn a fortune and be successful under this what it’s like in other countries. When they fined? The beauty of this word is that it has freedom is what is known as the American go to war in another country, they are some- countless definitions. Freedom is the cour- Dream. What few know, however, is that times adapting to that country’s life style age found in every active service member as freedom is not a gift to all humanity, but an for a small amount of time. They turn into they start every day not knowing what is in exclusive to only some. them. They may be forced to act like every- store for them. Freedom is seeing our Amer- It is thanks to the forethought of the one else in that country. They are simply a ican flag waving steadily in the night, sur- founding fathers, the continued cooperation replica of the person standing next to them, rounded by a sky full of bombs. Freedom is of the United States Military, and above all across from them, all around them. Then, bowing your head in prayer at the park with- the passion of the people which keeps our when they return back to America, they get out fear of being reprimanded. Freedom is freedom alive today. However, this begs the to experience the excitement all over again. the last pen to leave a trail of ink for the question, what is freedom, and what pre- All of the freedom comes back to them. Once final signature on the Declaration of Inde- cisely does it mean? again, they can say what they please, do pendence. Freedom is living in America, the Freedom, to me, is not merely the ability what they please, and be who they please. It land of opportunity, where we have the right to do as you please, when you please, as long is clearly shown that America has the free- to choose our own president amongst a world as it does not impose upon others. Freedom dom that other countries don’t because they full of tyrants. Throughout history freedom is the lifeblood of humanity, what enables can be who they are. has always come at a great price, starting in man to live and prosper and change the ‘‘Individuals, with liberty and justice for 1776, when the founding fathers declared our World for the better. Not everyone is gifted all.’’ These are the words that ring on my independence from Great Britain. These men with such a thing, and some of the idealists head when I think of our country. We really laid their lives on the line to defend the be- and geniuses and potential reformers of our are the land of the free, because we can be lief that all men are endowed with certain generation will not get a chance at this, and individuals. definitive and undeniable rights that cannot will live their lives in oppression, cast aside EMILY OSTRANDER, 12TH GRADE, 1ST PLACE be taken from them. From that time on, by their governments as another mere pawn WINNER Americans have stood united behind the idea in their machine of simple parts. I have always been a fan of Veterans Day. that we are a nation of individuals who are Freedom manifests itself in every aspect of Of course, this is mostly because November free to live in the absence of fear. Since we American life, from the business you built up eleventh happens to be my birthday as well value individuality and illuminate it yourself, to the house you own, to the edu- as a national holiday. But, I have contin- through self expression and self-government, cation your children earn. Freedom is busi- ually enjoyed and respected it for the appre- we need not fear forced conformity, and that ness, the arts, what has allowed the United ciation and recognition it bestows upon is what makes America great. Freedom to States to develop a culture unlike any other. those who have made it their duty to protect me is waking up every morning without ap- To such aforementioned countries who lack and serve this noble country. Freedom, to prehension. I don’t have to worry about the glorious endowment of liberty, our me, is the ability to live peacefully, and be being a woman and wanting an education. I United States, with its military towering who you want to be, in a world that is not don’t need to hide my religion from those high in our defense, and fame, and above all, very accepting. around me because I know I am free to wor- the ability for any mere man to forge a life Without our armed forces, the idea of free- ship as I please. I don’t have to be afraid of of empire-like status, is not only a desirable dom would be impossible. With no one to who will lead our country because we have a place to be, but a utopia Where anything can serve our country, fight our battles, where say in who runs the United States of Amer- happen. would we be? I cannot imagine what life in ica. Without the dedication, bravery, hard And so, I ask of you, look at yourself, what America would resemble if it were absent of work, courage, strength, and leadership of you have, and what you’ve done. Think for a freedom. It would not be the America we our nation’s military and other service mem- moment of where you would be if you were know and care for if it were devoid of liberty, bers, this freedom may not have been sus- assigned to a life, told what to think, what justice, and independence. Both of my par- tained. It’s hard to imagine the feeling the to feel, what to do. Would you be where you ents’ fathers served in the armed forces at soldiers felt as they walked into concentra- are? Would you have what you’ve achieved? some point in their lives. My maternal tion camps to liberate the living skeletons as This distinction is freedom, and freedom is grandfather served in the Korean War and the stench of burning flesh filled the air the United States, its military, and its peo- came back home with a bullet in his leg. around them. Who can picture what is what Every year when he calls me to wish me a ple. like weaving through the jungles of Vietnam happy birthday, I make sure to thank him LENI FINKELSTEIN, 8TH GRADE, 3RD PLACE as the soldiers were constantly on guard for E for that service and tell him that I am proud any Vietcong looking to take their lives? WINNER of him for it. Thus, I am exceptionally grate- How can one come close to feeling the abso- Imagine coming to America from another ful to the active military and the veterans lute terror of the US army as they traveled country. You see a flag billowing with pride who have risked their lives for the sake of to Pakistan to take down the terrorizing in the front yard of a happy family’s house. freedom at this very moment, and in the Osama Bin Laden? Our troops are willing to The whole family was unique. Different past. clothes, different hobbies, but they were all Furthermore, serving in the military is the sacrifice their lives so we can stay in a na- having a good time. You begin to wonder most significant occupation in the world, yet tion that lets us live ours. Franklin D. Roo- why your family could not be happy back it is also the toughest. Copious amounts of sevelt once said, ‘‘We, and all others who be- home or have those smiles on their faces. U.S. citizens spend or have spent massive lieve in freedom as deeply as we do, would Your life was bland; a dry piece of toast, just amounts of time away from their families rather die on our feet than live on our like everyone else’s. Then you realized it was and loved ones to carry out their obligations knees,’’ and we are blessed enough to live in because you weren’t given individuality. To to this country. I know I could by no means a country that gives us that freedom. me, freedom means having the right to be an ever accomplish or begin to go through what ADAM WHITE 12TH GRADE, 3RD PLACE WINNER individual. veterans and the active military have had to When you hear the word ‘‘freedom,’’ you In other countries, you don’t always have undergo. I have enormous respect for those might not have the same definition of the the freedom that we have in America. Often, with the strength and courage to join the word as the person right next to you. All you cannot dress how you’d like, say what armed forces, and they will forever have my definitions of the word are similar in mean- you’d like, or do what you’d like. There was support and admiration for their achieve- ing, but all are influenced by each of our own no uniqueness at all. Here in America ments. Because of these achievements, I am past history and ways of thinking. I have though, we have that ability to be me. I can able to live freely and peaceably whereas thought extensively on this word’s defini- proudly say that in America, I can be me. citizens in other countries may not be able tion, pondering on what ‘‘freedom’’ means to Have you ever wanted to pursue an interest to live this way. me, and I now believe that freedom is the but you weren’t allowed? Your whole future Hence, I believe freedom is the idea that ability to live life normally and enjoy it could’ve been already planned if you found a you have the power to choose what and who without the fear of oppression or harm. job using that special hobby! This situation you desire to be: you can decide what to Many of us take this for granted. In other may happen continuously in other countries, strive for and what to accomplish in life. countries, their citizens might not have this but not in America! America has the freedom However, this free will is only achievable be- same luxury. We, as a nation, are very lucky to let you do what you want. There is such cause of the work of the active military and to live life like this. Unfortunately, it can a vast field of occupations you can work in veterans. This immense, courageous, life- come with a heavy price. We have been able here. You don’t have to be just a factory risking group of people deserve, have earned, to live this way only because we know that worker, or forced to go into war. I could this national holiday to commemorate their we are being protected by hard-working men grow up and make a living out of the weird- successes and brave service to the United and women who wish only to serve our na- est job in the world, only because I have the States of America. tion. These men and women are the members freedom to do so. HOPE BARNSTEAD, 12TH GRADE, 2ND PLACE of the Armed Forces. Each and every day, Now switch places for a moment. Instead WINNER they risk their lives to protect ours no mat- of picturing you coming to America, picture Freedom. Only seven letters, but together ter where they are, whether they’re in a yourself leaving America to go to war. Vet- they create a word with more power than small town in the U.S. or a small town in the

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A13NO8.012 E13NOPT1 jbell on DSK7SPTVN1PROD with November 13, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1747 Middle East. They make sure that nothing TRIBUTE TO ROSEMARY BOURNS IN HONOR OF CZECHOSLOVAK happens to us so that we can continue living INDEPENDENCE DAY the way we do. However, as mentioned before, such a lux- HON. KEN CALVERT ury comes with a price. Some members of HON. DENNIS J. KUCINICH our active military are lucky enough to re- OF CALIFORNIA OF OHIO turn home with their lives, but some aren’t. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Yet this has not stopped people from joining Tuesday, November 13, 2012 the military in the past before. In World War Tuesday, November 13, 2012 II, when the world was threatened by one of Mr. KUCINICH. Mr. Speaker, I rise today in the most infamous leaders in history, did we Mr. CALVERT. Mr. Speaker, I rise today to recognition of Czechoslovak Independence surrender? We did not, and hundreds of thou- honor and pay tribute to Rosemary Bourns, Day, which is being celebrated at Cleveland’s sands of people were ready to defend our who passed away on Wednesday, September National Bohemian Hall on October 26 country and what we believed in, even if it through 28, 2012. meant traveling overseas, or being haunted 26, 2012. Rosemary was a pillar of the com- by the gruesome memories of war for the munity in Riverside, California and she will be Czechoslovak independence was declared rest of their lives, or to die trying. Our vet- deeply missed. on Wenceslas Square on October 28, 1918 erans faced these same consequences and and the Czechoslovak Republic was estab- have to hurdle over the same obstacles, and In 1947, Rosemary and her newlywed hus- lished. Thomas Masaryk was both the founder that didn’t stop them from doing their duty. band Marlan moved to California from Michi- and the first president of the Czechoslovak They protected us to make sure that we gan, and they began their electronics compo- Republic, often referred to as the ‘‘First Re- could forever keep our freedom and our nents manufacturing company in humble set- public.’’ Although Czechoslovakia only lasted rights from the hands of our enemies. tings—the garage of their new home in Pasa- two decades because of Nazi Germany’s oc- We have much to thank of our veterans dena. While Marlan took care of the engineer- cupation of the Czech Lands in 1938, Czechs and of our active military for their services ing side of the business, Rosemary oversaw continue to view October 28 as the day of to this country and for their services to us. Without them, we would not have the same the books and made sure that their house their national founding. freedoms as we do now. Our world would be could accommodate the seven engineers Bohemian National Hall was built in Cleve- completely different without them. But working with her husband. The couple eventu- land, Ohio, in 1897 to cultivate friendships, thankfully they are here to save us when we ally moved the company, now renamed charity and benevolence among the Bohemian need them most. Thankfully, with these men Bourns, Inc., to Riverside in 1950 to boost nationalities. Included in their priorities were and women as our guardians, we can con- manufacturing operations in order to keep up gymnastics, education and the advancement tinue to live life normally and enjoy it with- with rising demand. of their culture. Thomas Masaryk made two out the fear of oppression or harm. visits to Cleveland in his lifetime, one in 1902 In her free time, Rosemary loved telling sto- and another in 1918 where he spoke at the f ries and arranging flowers. She and her hus- National Bohemian Hall. Located in Cleve- band always accomplished things as a team, land’s Slavic Village neighbor, today Bohe- IN RECOGNITION OF THE REOPEN- from starting their business to moving it to Riv- mian National Hall serves as the home to the ING OF ST. JAMES CHURCH erside. They also selflessly gave back to their Czech Cultural Center. community. In 1992, the Bourns family gave This year’s celebration of Czechoslovak HON. DENNIS J. KUCINICH the University of California, Riverside (UCR) Independence Day will be celebrated by the single-largest donation it had received to Cleveland’s Czech community and Sokol OF OHIO that date, a $6 million gift for its new College Greater Cleveland at Bohemian National Hall IN THE HOUSE OF REPRESENTATIVES of Engineering, eventually named Bourns Col- between October 26 and 28. lege in the family’s honor. In the years that fol- Mr. Speaker and colleagues, please join me Tuesday, November 13, 2012 lowed, they continued to support the College, in honoring the anniversary of Czechoslovak Mr. KUCINICH. Mr. Speaker, I rise today in and the west engineering building was named Independence Day, October 28, 2012. honor of St. James’ Church, one of the 11 Bourns Hall. f Cleveland Catholic Diocese parishes that will The way in which Rosemary lived her life LEXINGTON COUNTY IS FIRST be reopening this year. should serve as reminder to others that an in- In 2009 it was announced that several of dividual with drive, perseverance and a stellar HON. JOE WILSON the Cleveland Catholic Diocese’s area church- work ethic can do great things. In 2000, Rose- OF SOUTH CAROLINA es, including St. Barbara’s, were to close. mary and her husband were recognized as IN THE HOUSE OF REPRESENTATIVES However, just months ago, the Vatican over- UCR Laureates, and in 2010 the family was ruled this decision and St. James’ will be re- honored by the Inland Empire Center for En- Tuesday, November 13, 2012 opening its doors on Wednesday, July 25, trepreneurship with its Lifetime Award. Univer- Mr. WILSON of South Carolina. Mr. Speak- 2012. sity of California, Riverside Chancellor Timothy er, the following article was published recog- St. James Church was founded in 1908 as P. White said of Rosemary, ‘‘On the UCR nizing the leadership of Lexington County, the founding parish for the cities of Lakewood campus, Rosemary Bourns’ name has been South Carolina, as a Purple Heart County in and Rocky River. For more than a century, St. synonymous with the accomplishments of the Lexington County Chronicle on September James has been a house of worship and gath- strong, hardworking women . . . She will al- 20, 2012: ering for the Catholic residents of Lakewood, ways be honored through the accomplish- LEXINGTON IS THE FIRST PURPLE HEART Ohio. ments of the faculty and students in the COUNTY After Bishop Lennon’s 2009 announcement Bourns College of Engineering.’’ Lexington County became the first in the parishioners gathered together and formed state to be designated as a Purple Heart In addition to her husband, Rosemary is Friends of Saint James/Save Saint James in County. survived by her son Gordon; daughters Linda an effort to stop the closing of their church. A resolution was read before Lexington The members of Friends of Saint James/Save Hill, Anita Macbeth and Denise Moyles; 14 County Council, Sept. 11, that named Lex- Saint James are committed to the preservation grandchildren and three great-grandchildren. ington a Purple Heart County. ‘‘It’s a recognition and a show of support of Saint James as a parish and an Rosemary will always be remembered for for not only Purple Heart recipients, but for architecturally significant structure in the City her incredible contributions to business, her veterans and all of those who served,’’ said of Lakewood. They have dedicated them- work ethic, generosity, and love of family. Her Stan Thornburgh. selves to the development of a long range fi- dedication to her work, family and community Thornburgh, of Lexington, is a past com- nancial plan for capital improvements and is a testament to a life lived well and a legacy mander of the Col. Charles Murray Memorial maintenance of the church and its programs. that will continue. I extend my condolences to Chapter of the Military Order of the Purple Heart. The chapter is based in Columbia, but Mr. Speaker and colleagues, please join me Rosemary’s family and friends; although Rose- many of its members live in Lexington Coun- in recognizing the reopening of St. James’ mary may be gone, the light and goodness ty. Church, a beloved parish that has returned to she brought to the world remain and will never Thornburgh received the Purple Heart the City of Lakewood. be forgotten. after being wounded in Vietnam in 1969.

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A13NO8.013 E13NOPT1 jbell on DSK7SPTVN1PROD with E1748 CONGRESSIONAL RECORD — Extensions of Remarks November 13, 2012 Purple Heart recipients are military per- IN HONOR OF JUDGE COLLEEN IN HONOR OF CHRIS TREPAL sonnel wounded as a direct result of enemy TOY WHITE action. Councilman Bobby ‘‘Gravedigger’’ Keisler HON. DENNIS J. KUCINICH sponsored the resolution to designate Lex- HON. ELTON GALLEGLY OF OHIO ington County as a Purple Heart county. IN THE HOUSE OF REPRESENTATIVES ‘‘It is important to support veterans and OF CALIFORNIA the people who served our country,’’ Keisler IN THE HOUSE OF REPRESENTATIVES Tuesday, November 13, 2012 said. He said James Miller asked him to Mr. KUCINICH. Mr. Speaker, I rise to honor Tuesday, November 13, 2012 sponsor the Purple Heart designation. Miller, Chris Trepal, who is retiring from the Earth of South Congaree, is the state commander of the Military Order of the Purple Heart. Mr. GALLEGLY. Mr. Speaker, I rise in honor Day Coalition, one of the major forces in Miller lives in Keisler’s district. of my good friend Judge Colleen Toy White, Northeast Ohio to promote environmental edu- ‘‘It’s an honor to do it,’’ said Keisler, who who was recently honored by the Gold Coast cation, protection, and advocacy. served a six-year stint in the U.S. Army dur- Veterans Foundation with its General Roger L. In the late 1980s, as the nation coalesced ing the Vietnam era. Brautigan Excellence in Leadership Award. around how to best acknowledge the 20th an- John B. Testruth is the Adjutant of Chap- I have known Judge White since she served niversary of the first Earth Day of 1970, Chris ter 402. The chapter is the largest of the 13 in was a parent, educator, and volunteer for the South Carolina. It has 298 members. as Chief Deputy in the Ventura County District Attorney’s Office. We both trace our roots to Sierra Club. Called by Governor Richard Ce- Testruth said the Purple Heart Chapter also leste, Chris attended an organizing meeting at raises funds to donate to causes for veterans. Oklahoma, and share and respect the values He also said the county is supportive of vet- of family, and of upholding the Constitution Cleveland State University and was moved to erans in general. and the rule of law. action to fight for the environment. Along with Scott Sanders, Chris co-founded the Earth ‘‘Lexington is a very patriotic county,’’ Judge White combined those values with Thornburgh said. ‘‘People are supportive and Day Coalition in 1990 and until her retirement drive, talent, and intelligence and rose from a appreciate those who served.’’ was co-director with Sanders. law clerk in the prosecutor’s office to become the chief assistant district attorney, the number In the last 23 years, Chris has been a vi- f two position. She also brought those values sionary who organized the ‘‘Annual EarthFest’’ and ‘‘Walk or Bike for the Earth.’’ Every spring IN RECOGNITION OF PULASKI DAY and qualities to the bench when she was ap- at the Cleveland Metroparks Zoo, the 2012 pointed to the Ventura County Superior Court by Governor Pete Wilson. EarthFest has been the largest and longest- running environmental education event in the HON. DENNIS J. KUCINICH Mr. Speaker, the General Roger L. State of Ohio. It is widely attended and is the Brautigan Excellence in Leadership Award is OF OHIO place-to-be for non-profits and leaders who presented to an individual who has dem- IN THE HOUSE OF REPRESENTATIVES want to promote their causes. onstrated outstanding leadership in the cause For more than 10 years, Chris worked with Tuesday, November 13, 2012 of veterans. the region’s best environmental education ex- Mr. KUCINICH. Mr. Speaker, I rise today in Judge White knows of veterans’ needs di- perts, naturalists, and interpreters to establish recognition of the Polonia Foundation of Ohio rectly. Her husband, Art Bliss, is a retired the Cleveland Lakefront Nature Preserve, for- as they unite the Polish community in remem- naval officer and several of her nephews are merly Dike 14. Officially opened in February brance and celebration of General Casimir Pu- active military. 2012, the Preserve is 88 acres of wild lands laski, for his legacy and dedication to the peo- Her knowledge of veterans’ needs led her to along Lake Erie in the heart of Cleveland with ple of Poland and United States of America. provide the ground work and to advocate for almost 300 species of birds who live and mi- Born on March 4, 1747 in Warzka, Poland, a veterans court. Judge White now presides grate on the site along with butterflies and General Pulaski achieved great military suc- over the veterans court, in addition to pre- mammals such as the red fox, mink, coyote, cess in Poland with his focused leadership siding over the domestic violence court, elder deer and others. Chris led the Earth Day Coa- and strategies in fighting the Russian forces in abuse court, and mental health court. lition’s efforts to convene and be the fiscal Poland. By 1777, General Pulaski had be- In addition, Judge White has been instru- agent for the collaborative effort to establish come one of the most renowned cavalrymen mental in assisting other courts to develop vet- the Preserve. in Europe and was actively recruited by Ben- erans programs. Chris is a founding member of the City of jamin Franklin to assist in the American quest Outside of the courtroom, Judge White is Cleveland’s Air Pollution Advisory Committee, for liberation. active in community organizations involving created by city ordinance. She has worked on Sympathetic to the American cause, Gen- our youth and education. She served on the clean air issues such as Diesel Hot Spots, idle eral Pulaski sailed to America and was made Board of Trustees of the Ventura/Santa Bar- reduction, and reining in mercury emissions head of the newly formed American cavalry bara College of Law and is a former member from coal-fired power plants and the proposed during the Revolutionary War. General Pulaski of the Board of Directors of the Ventura Col- City of Cleveland waste incinerator (which was had a deep level of commitment to the Amer- lege Foundation. She served as president of stopped, based in part on the Earth Day Coali- ican cause, spending his own money to feed the Board of Directors of Interface Children tion’s advocacy). and equip his troops. General Pulaski was in- Family Services of Ventura County and was a Chris Trepal is the recipient of numerous volved in many significant battles during the past president and member of the Board of Di- awards for the work she has done over the Revolution. His ultimate stand took place in rectors of the Child Abuse and Neglect, an or- years, including: Conservationist of the Year Savannah, Georgia on October 1779, where ganization dedicated to the protection of chil- by the Cuyahoga Soil and Water Conservation he led a valiant charge against British artillery. dren. District; Outstanding Conservationist Award by General Pulaski was shot and died a few days the Cleveland Metroparks Zoo; Award for Out- later. She was appointed Chairperson of Presi- standing Service by the Lee-Seville-Miles Citi- This year’s celebration will be held on Octo- dent Reagan’s Council on the Peace Corps zens; Greater Cleveland Woman of Achieve- ber 20 at Cleveland’s City Hall Rotunda and and was appointed to a second term by Presi- ment Award from the YWCA of Cleveland; will feature Dr. Marek Dollar, Ohio’s Honorary dent George H.W. Bush. Certificate of Environmental Achievement from Consul of the Republic of Poland. Dr. Dollar is Not surprisingly, Judge White has won nu- the National Awards Council for Environmental also the Dean of the Engineering College at merous awards for her service to the law and Sustainability; Golden Spruce Award from the Miami University. her community. Cuyahoga County Planning Commission; and Mr. Speaker and colleagues, please join me Mr. Speaker, Judge Colleen Toy White is a the Excellence in Education Award from the in honor and remembrance of General Casimir deserving recipient of the General Roger L. Better Business Bureau. Pulaski, who made the ultimate sacrifice in his Brautigan Excellence in Leadership Award. It Mr. Speaker and colleagues, please join me fight to secure the ideals of the American Rev- has been an honor for me to call Toy White in celebrating the many achievements of Chris olution. An American hero, General Pulaski’s my personal friend for a long time. She is Trepal as she makes the transition from her life and legacy serves as a reminder of the someone for whom I have the highest respect, successful career as co-director of the Earth vital contributions and great achievements by and I know my colleagues join my wife, Jan- Day Coalition to the next phases of her life in Polish immigrants within our Cleveland com- ice, and me in congratulating Toy for this great retirement and wishing her much success in munity, and throughout America. honor. her next endeavors.

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A13NO8.015 E13NOPT1 jbell on DSK7SPTVN1PROD with November 13, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1749 IN RECOGNITION OF THE RETIRE- with the uninviting appearance of our Nation’s mental leaders and helping to ensure con- MENT OF CARROLL L. ‘‘LEW’’ Interstate highways. Ultimately, President sistent and fair regulatory treatment for cable WATSON Johnson signed the ‘‘Highway Beautification operators. Act’’ into law in 1965, enhancing the scenic For the bulk of his working career, Jack HON. MIKE ROGERS views of our highways and byways. In 1999, served in a variety of operational roles in the when Secretary of the Interior Bruce Babbitt cable television industry, including successfully OF ALABAMA presented Mrs. Johnson with the Native Plant leading cable systems in Georgia, Texas and IN THE HOUSE OF REPRESENTATIVES Conservation Initiative Lifetime Achievement North Carolina. He served as Division Presi- Tuesday, November 13, 2012 Award, he noted that the First Lady had been dent of Time Warner Cable’s Greensboro Divi- sion, where he managed a staff of some 700 Mr. ROGERS of Alabama. Mr. Speaker, I a shadow Secretary of the Interior for much of employees. Under his leadership the Division ask for the House’s attention today to recog- her life. Today, we continue to enjoy the bene- fits of the First Lady’s efforts to beautify our was top-ranked in customer satisfaction and nize Lew Watson who is retiring as Mayor of consistently exceeded the established busi- the City of Lincoln, Alabama, on the 40th anni- roads and highways. Mr. Speaker, as we celebrate the centennial ness metrics. versary of the day he first took the oath of of- He is known among his peers as an innova- fice. of Mrs. Johnson’s birth, we hold in great re- gard the value of these national improvements tive leader who is committed to exceptional Carroll L. ‘‘Lew’’ Watson was born in Nor- customer service and who has the ability to folk, Virginia, to Carroll and Ruth Watson on by preserving the beauty of our lands— through constant revitalization and conserva- forge positive relationships with consumers, May 9, 1943. He graduated from Lincoln High employees and public officials. In 1988, Jack School in 1961 and graduated from the Uni- tion. We have Mrs. Johnson’s unifying grace to thank for her contributions to the American developed the first set of service standards for versity of Alabama with a Bachelor’s of Art de- Time Warner Cable, which quickly became the gree in 1965. landscape, and I am pleased to recognize these lasting contributions by the former First basis for national industry standards and are After graduation from college, he joined the still in use today. This commitment to cus- Lady from Texas. United States Army where he served until tomer service was recognized with a Chair- September of 1969 when he retired at the f man’s Award and the National Public Affairs rank of Captain. He later attended Birmingham HONORING MR. CABLE TELEVISION Award of the Maryland and Delaware Cable School of Law and received his Juris Doctor IN NORTH CAROLINA—JACK W. Association. As anyone who has worked with degree on May 23, 1982. STANLEY him will tell you, Jack always has the cus- Watson was first elected mayor in 1972 at tomers’ interests foremost in his mind in any the age of 29 when Lincoln’s population was decision impacting the business. a little over 1,100. Over the years, Lew was HON. HOWARD COBLE Jack carried this customer commitment over able to help build local infrastructure and help OF NORTH CAROLINA to his service to the industry. He served four recruit industries like Honda Manufacturing of IN THE HOUSE OF REPRESENTATIVES separate terms as President of the North Alabama, LLC which helped the city grow and Tuesday, November 13, 2012 Carolina Cable Telecommunications Associa- tion where, in addition to being a terrific leader prosper to what it is today. During his time in Mr. COBLE. Mr. Speaker, on behalf of the and gracious colleague, he was instrumental office the city’s population grew by over 450 citizens of the Sixth District of North Carolina, in establishing a college scholarship program percent. I take this occasion to honor Jack W. Stan- to help provide higher education opportunities Watson’s children include Carroll Lewis ley—a great personal friend for many years— for children of members of the cable industry. Watson and his wife Alyson, Samantha Bluhm as he retires from 45 years of service in the Providing opportunities for others has always and her husband Patrick, David G. Watson cable television industry. Jack has been a true been a driving focus of Jack’s career. and his wife Azumi, and Jessica Laffosse and pioneer in the industry, helping to lead its her husband Michael. Jack has also been an active leader in the growth from a service designed merely to ex- community. He was appointed by former Gov- Mr. Speaker, we join his friends and family tend over-the-air broadcast signals into hard to in this surprise celebration in his honor. We ernor Jim Hunt to represent the cable industry reach areas to what it is today—an industry on a task force where he was instrumental in will miss Lew’s leadership in Lincoln, and wish that makes available to homes across the na- him the very best. establishing a partnership between the Asso- tion hundreds of linear video channels, on-de- ciation of Public Telecommunications and the f mand programming, high-speed broadband cable industry in OPEN/Net, a virtual ‘‘town services, digital telephone services, home net- HONORING FORMER FIRST LADY hall’’ that provided citizens direct access to working and home security services. It is an MRS. CLAUDIA ALTA ‘‘LADY state and local leaders via cable technology. industry that is driven by innovation and pri- BIRD’’ JOHNSON He eventually served on the APT Board for vate investment. And Jack has seen it all and two terms. He also served on numerous other helped make it happen. boards, including the North Carolina Chamber HON. EDDIE BERNICE JOHNSON In any conversation with Jack, it doesn’t of Commerce, the North Carolina Center for OF TEXAS take long to find out about his roots—rural Public Policy Research, and the Greensboro IN THE HOUSE OF REPRESENTATIVES Georgia. He is proud to be a country boy. His Partnership. professional life to this day remains grounded Tuesday, November 13, 2012 Jack enjoys golf—and he’s really good at it. in the clay of Dodge County, Georgia, where You want to be on Jack’s team in business Ms. EDDIE BERNICE JOHNSON of Texas. he grew up in modest circumstances on his and golf—especially golf! He has a passion for Mr. Speaker, I rise today to honor the life of family’s farm and learned the lessons of hard history, and realizes his most important ac- former First Lady, Mrs. Claudia Alta ‘‘Lady work and respect for others that he has car- complishment is his family, which includes Bird’’ Johnson. Mrs. Johnson, wife of Presi- ried with him throughout his carrier. Jack grad- twelve grandchildren. dent Lyndon Baines Johnson, was known for uated from South Georgia Technical College The depth of his experience and knowledge her prominent role in public service, and for where he studied Electronics Technology and about the cable industry is matched by the her lifelong efforts to beautify public places completed an Executive Management Devel- depth of his character and judgment. When across the country. opment Program at Denver University. you shake hands in an agreement with Jack As First Lady, Mrs. Johnson promoted the Most recently, Jack has served as the Re- Stanley, you do not have to wonder whether conservation and beautification of our public gional Vice President for Government Rela- you have a deal. lands. She believed that by making these civic tions for Time Warner Cable with responsibility A modest man, who came from modest improvements, we could help pay tribute to for North Carolina, South Carolina, Virginia means, he doesn’t seek attention—but he de- our great country. One of Mrs. Johnson’s and Alabama. In this role, he has represented serves it. Jack is a true Southern gentleman in greatest rehabilitation efforts took place right his company before various governmental the best sense of that term. here in Washington, DC, where she oversaw bodies and coordinated its advocacy on impor- I join with all of the residents of the Sixth the planting of thousands of flowers through- tant issues affecting the cable industry. Jack District of North Carolina in honoring Jack for out our Nation’s capital. enjoyed many successes in this challenging his fine career and to wish him all the best as Driving from her home in Texas to Wash- role, including developing positive relation- he enters, what I am sure will be, a very ac- ington, DC, Mrs. Johnson expressed concern ships with federal, state and local govern- tive and productive retirement.

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A13NO8.017 E13NOPT1 jbell on DSK7SPTVN1PROD with E1750 CONGRESSIONAL RECORD — Extensions of Remarks November 13, 2012 TRIBUTE TO THOMAS SZASZ strengths. Beginning with The Myth of Men- SUPPORT CLEAN ENERGY tal Illness in 1961 and continuing through 35 VICTORY BONDS more books and hundreds of articles, the HON. RON PAUL maverick psychiatrist, driven by a ‘‘passion OF TEXAS against coercion,’’ zeroed in on the HON. BOB FILNER IN THE HOUSE OF REPRESENTATIVES foundational fallacies underlying all manner OF CALIFORNIA of medicalized tyranny. IN THE HOUSE OF REPRESENTATIVES Tuesday, November 13, 2012 The idea that psychiatry became scientif- Tuesday, November 13, 2012 Mr. PAUL. Mr. Speaker, I ask unanimous ically rigorous soon after Szasz first likened it to alchemy and astrology is hard to take consent to insert into the CONGRESSIONAL Mr. FILNER. Mr. Speaker, I rise today to seriously. After all, it was not until 1973 that draw attention to an important piece of legisla- RECORD ‘‘The Man versus the Therapeutic the American Psychiatric Association (APA) State,’’ by Jacob Sullivan of Reason maga- stopped calling homosexuality a mental dis- tion that I and more than a dozen co-sponsors zine. This piece pays tribute to Dr. Thomas order. support—the Clean Energy Victory Bonds Act Szasz, who passed away on September 8th of More often, psychiatry has expanded its of 2012, H.R. 6275. I urge my colleagues to this year. domain. Today it encompasses myriad sins co-sponsor this bill to help create our Nation’s Dr. Szasz, a trained psychiatrist, was the and foibles, including smoking, overeating, clean energy economy. leading opponent of what he labeled the gambling, shoplifting, sexual promiscuity, The Clean Energy Victory Bonds Act would pederasty, rambunctiousness, inattentive- create a new U.S. Treasury savings bond that ‘‘therapeutic state.’’ For over fifty years, in 35 ness, social awkwardness, anxiety, sadness, books, and hundreds of articles, Dr. Szasz de- and political extremism. If it can be de- would support the development of our domes- fended human liberty and dignity against mod- scribed, it can be diagnosed, but only if the tic renewable energy and energy efficiency ern psychiatry. Modern psychiatry, of course, APA says so. Asperger’s, for instance, will sectors. The bond would support programs insists that behaviors which deviate from some cease to exist when the fifth edition of the with a proven, successful track record in areas arbitrary norm serve as signs or symptoms of APA’s Diagnostic and Statistical Manual of such as wind, solar, geothermal technology, organic ‘‘mental illnesses’’ (although the phys- Mental Disorders (DSM) comes out next fuel cell development, closed loop biomass year. iological mechanisms never seem to be clearly As Marcia Angell, former editor of The and other renewable technologies. The bond identified, much less explained). Since ‘‘sick New England Journal of Medicine, observed would also support home efficiency measures, people’’ are incapable of controlling them- last year in The New York Review of Books, hybrid electric vehicles and charging stations. selves, it is the responsibility of government to ‘‘there are no objective signs or tests for The Clean Energy Victory Bond would be protect them by constraining their ability to mental illness—no lab data or MRI find- available for as little as $25, allowing most make harmful choices. ings—and the boundaries between normal Americans access to this investment oppor- and abnormal are often unclear. That makes This is the mentality that Dr. Szasz fought tunity that can play a key role in generating it possible to expand diagnostic boundaries the energy we need as a world leader. Just as against so valiantly. By applying the philos- or even create new diagnoses in ways that ophy of liberty to psychiatry, Dr. Szasz under- would be impossible, say, in a field like car- the WW II Victory Bond helped our Nation mined the ‘‘individual as helpless victim’’ men- diology.’’ In other words, mental illnesses make the profound economic shift that the war tality that helps justify restrictors on personal are whatever psychiatrists say they are. effort required, the Clean Energy Victory Bond liberty when it comes to drugs, fatty foods, How ‘‘scientific’’ is that? Not very. In a can help shift today’s economy to the renew- sodas, pornography, gambling, etc. Dr. Szasz 2010 Wired interview, Allen Frances, lead edi- able energy foundation that our times now re- tor of the current DSM, despaired that defin- clearly understood, and predicated, the rise of quire. ing mental disorders is ‘‘bullshit.’’ In an on- Once enacted, the Clean Energy Victory the therapeutic nanny state. line debate last month, he declared that No doubt Dr. Szasz could have enjoyed a ‘‘mental disorders most certainly are not Bond will leverage $50 billion in investment to successful career had he moderated his views diseases.’’ provide up to $150 billion in both public and or kept quiet instead of presenting a principled Then what exactly are they? For more private financing for clean energy tech- challenge to the psychiatric-government com- than half a century, Szasz stubbornly high- nologies. This investment would create at plex. But Dr. Szasz was one of those rare in- lighted the hazards of joining such a fuzzy, least 1.7 million good jobs across the country. subjective concept with the force of law It is crucial that the United States increase in- dividuals who could not be silent when liberty through involuntary treatment, the insanity was threatened. For his courage in speaking defense, and other psychiatrically informed vestment in renewable energy if we are to truth to power, Dr. Szasz was rewarded with policies. compete globally as other nations surge for- ridicule and scorn from the gatekeepers of ‘‘re- Consider ‘‘sexually violent predators,’’ who ward with their own clean energy infrastructure spectable’’ opinion. However, Dr. Szasz did are convicted and imprisoned based on the and technology. find a receptive audience among the ranks of premise that they could have restrained Now more than ever, we must take bold themselves but failed to do so, then com- the liberty movement, where he quickly earned steps to address our energy security needs for mitted to mental hospitals after completing the long term, and by allowing Americans to a place as one of the movement’s most distin- their sentences based on the premise that guished thinkers. With the recent growth of the they suffer from irresistible urges and there- invest safely in renewable energy we can liberty movement, I would not be surprised if fore pose an intolerable threat to public safe- make significant progress toward that goal. Dr. Szasz’s influence becomes greater in the ty. From a Szaszian perspective, this inco- Mr. Speaker, I ask all my distinguished col- next several years. Certainly, all of us who herent theory is a cover for what is really leagues to join me in cosponsoring the Clean work for individual liberty should be grateful for going on: the retroactive enhancement of Energy Victory Bonds Act of 2012, H.R. 6275, duly imposed sentences by politicians who Dr. Thomas Szasz’s contributions to the cause to build America’s clean energy future. The decided certain criminals were getting off well-being of our grandchildren and of our Na- of freedom. too lightly—a policy so plainly contrary to [From Reason.com, Sept. 19, 2012] due process and the rule of law that it had to tion as a whole depends on our ability to meet our energy needs through cleaner, renewable THE MAN VERSUS THE THERAPEUTIC STATE be dressed up in quasi-medical, pseudo- sources. (By Jacob Sullum) scientific justifications. Szasz specialized in puncturing such pre- f The New York Times obituary for Thomas tensions. He relentlessly attacked the Szasz, who died this month at the age of 92, ‘‘therapeutic state,’’ the unhealthy alliance ON THE RETIREMENT OF MASTER says his critique of psychiatry ‘‘had some of medicine and government that blesses all SERGEANT MAVIN D. TASBY merit in the 1950s . . . but not later on, when sorts of unjustified limits on liberty, ranging the field began developing more scientific from the mandatory prescription system to approaches.’’ That’s a paraphrase of histo- laws against suicide. My own work has been HON. NANCY PELOSI rian Edward Shorter, whose judgment re- powerfully influenced by Szasz’s arguments OF CALIFORNIA flects the conventional wisdom: Szasz called against drug prohibition, especially his dis- IN THE HOUSE OF REPRESENTATIVES much-needed attention to psychiatric abuses cussion of its symbolism and its reliance on early in his career but went too far by insist- a mistaken understanding of addiction, and Tuesday, November 13, 2012 ing on a fundamental distinction between ac- his criticism of paternalistic interventions, Ms. PELOSI. Mr. Speaker, I rise today to tual, biological diseases and metaphorical such as New York Mayor Michael honor the service and sacrifice of MSG Marvin diseases of the mind. Bloomberg’s recently approved soda serving Tasby on the occasion of his retirement from In fact, however, Szasz’s radicalism, which ceiling, that conflate private and public he combined with a sharp wit, a keen eye for health. the United States Air Force. For the last 4 obfuscating rhetoric, and an uncompro- I will always be grateful for Szasz’s cour- years, Master Sergeant Tasby has served the mising dedication to individual freedom and age and insight, and so should anyone who Air Force and our Nation as a legislative liai- responsibility, was one of his greatest shares his passion against coercion. son here in Congress.

VerDate Mar 15 2010 03:47 Nov 14, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13NO8.020 E13NOPT1 jbell on DSK7SPTVN1PROD with November 13, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1751 Master Sergeant Tasby is affectionately Taz has been rightly honored with a number cacy. Mr. Washington has been tireless in his known to many of us in Congress as ‘‘Taz.’’ of medals throughout his 26 year career. efforts to defend those without a voice in our For 26 years, the United States Air Force, and These include the Defense Meritorious Service legal system by challenging discriminatory indeed the entire Nation, has benefitted from Medal, Air Force Meritorious Service Medal, practices. Taz’s talents, experience, and devotion. Army Commendation Medal, National Defense Craig Washington was born in Longview, As we honor Taz, we also honor all of those Service Medal, Kosovo Campaign Medal and Texas. He grew up in Houston and, after high who wear our Nation’s uniform. the Global War on Terrorism Service Medal. school, enrolled in Prairie View A&M Univer- When our airmen and airwomen serve, their The Air Force song is a tribute to those, as sity at the age of 16 with the high hopes of families serve as well. Today in paying tribute it says, ‘‘who love the vastness of the sky.’’ becoming a dentist. Mr. Washington had cha- to Master Sergeant Tasby we also express When we sing that song, four times we pro- risma and determination even at a young age, our gratitude to his wife Katrina, his sons Jor- claim, ‘‘Nothing will stop the Air Force!’’ and he managed to convince the dean into ac- dan and Justin, and his mother Jessie. Those words are true about the Air Force cepting him into the law school program with After enlisting in the Air Force in 1986 in because of our airmen and airwomen. They future plans to transfer into dentistry. Instead, Shreveport, Louisiana, Taz served across the are true because of people like MSG Marvin his passion for law dominated his academic United States and around the world. He has Tasby. career. Four years later, he would graduate worked in the Office of the Air Force Reserve f with honors and become the assistant dean and served as a member of the 93rd Bomb and an assistant professor of law at his alma Squadron and the 140th Fighter Wing. RECOGNIZING MR. CRAIG mater. A key part of Taz’s latest posting, as a leg- ANTHONY WASHINGTON Mr. Washington’s tenure as a legislator, first islative liaison, has been escorting Members in the Texas House, the Texas Senate, and of Congress around the world. Indeed, Taz HON. EDDIE BERNICE JOHNSON then in the U.S. House of Representatives, has served as part of 50 fact-finding missions OF TEXAS was distinguished by this same unwavering to 62 countries around the globe. In doing so, IN THE HOUSE OF REPRESENTATIVES devotion to the underserved and his constitu- he has earned the respect of Members and ents. He was known and respected for his ex- staff. He is known around the world by State Tuesday, November 13, 2012 pert knowledge of criminal law throughout his Department officials and foreign nationals. Ms. EDDIE BERNICE JOHNSON of Texas. public service in the Texas House, Texas Sen- Personally, I’ve been proud to have Taz by Mr. Speaker, I rise today to recognize Mr. ate and in the U.S. Congress. As a lawmaker, my side in 16 countries—from Afghanistan to Craig Anthony Washington, an accomplished he proved to be a commanding orator and po- the United Kingdom, many of them more than attorney and elected official from Houston, litical strategist, and no legislation regarding once. We’ve been together in Europe, the Texas. Mr. Washington is being inducted into the criminal justice system was passed without Middle East, Asia and North America. We’ve the State Bar of Texas Legal Legends Project his review and expert analysis. gone into war zones in Afghanistan and Iraq this month for his exemplary contributions to Mr. Speaker, it is rare to find an individual and we’ve travelled to meet with the heads of the legal profession and the pursuit of equal who is both passionate about affecting positive parliaments from around the world. justice under the law. social change and improving the lives of so Taz spends countless hours planning every The Texas Legal Legends Project recog- many. He is a tremendous criminal defense detail of a trip and ensuring logistics are exe- nizes exceptional lawyers who have worked to lawyer as well as an American analytical ge- cuted perfectly. I’ve seen firsthand Taz’s re- uphold the integrity of the courts, and to honor nius, and I stand today on this floor where he sourcefulness, attention to detail, and overall those who have exceeded their professional stood many years ago to salute Mr. Wash- commitment to excellence. obligations to ensure fair and thorough advo- ington. I am proud to call him my friend.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate service by employees, with an amendment in the na- Chamber Action ture of a substitute. (S. Rept. No. 112–235) Routine Proceedings, pages S6715–S6764 S. 1953, to reauthorize the Research and Innova- Measures Introduced: One bill and two resolutions tive Technology Administration, to improve trans- were introduced, as follows: S. 3626, and S. Res. portation research and development. (S. Rept. No. 590–591. Page S6744 112–236) Measures Reported: S. 1701, to amend the Harmful Algal Blooms and Reported on Friday, November 2, 2012: Hypoxia Research and Control Act of 1998, with an S. 1998, to obtain an unqualified audit opinion, amendment in the nature of a substitute. (S. Rept. and improve financial accountability and manage- No. 112–237) ment at the Department of Homeland Security, with S. 1950, to amend title 49, United States Code, an amendment in the nature of a substitute. (S. to improve commercial motor vehicle safety and re- Rept. No. 112–230) duce commercial motor vehicle-related accidents and Reported on Tuesday, November 13, 2012: fatalities, to authorize the Federal Motor Carrier S. 2215, to create jobs in the United States by in- Safety Administration, with an amendment in the creasing United States exports to Africa by at least nature of a substitute. (S. Rept. No. 112–238) 200 percent in real dollar value within 10 years, Page S6744 with an amendment in the nature of a substitute. (S. Measures Passed: Rept. No. 112–231) S. 2318, to authorize the Secretary of State to pay Veterans’ Compensation Cost-of-Living Adjust- a reward to combat transnational organized crime ment Act: Committee on Veterans’ Affairs was dis- and for information concerning foreign nationals charged from further consideration of H.R. 4114, to wanted by international criminal tribunals, with an increase, effective as of December 1, 2012, the rates amendment in the nature of a substitute. (S. Rept. of compensation for veterans with service-connected No. 112–232) disabilities and the rates of dependency and indem- S. 3310, to direct the President, in consultation nity compensation for the survivors of certain dis- with the Department of State, United States Agency abled veterans, and the bill was then passed. for International Development, Millennium Chal- Page S6721 lenge Corporation, and the Department of Defense, Recognizing Raymond Weeks: Senate agreed to S. to establish guidelines for United States foreign as- Res. 591, expressing the sense of the Senate regard- sistance programs, with an amendment in the nature ing Raymond Weeks and his efforts in the establish- of a substitute. (S. Rept. No. 112–233) ment of Veterans Day. Page S6761 S. 3331, to provide for universal intercountry adoption accreditation standards. (S. Rept. No. Measures Considered: 112–234) Sportsmen’s Act—Agreement: Senate began con- S. 1268, to increase the efficiency and effectiveness sideration of S. 3525, to protect and enhance oppor- of the Government by providing for greater inter- tunities for recreational hunting, fishing, and shoot- agency experience among national security and ing, after agreeing to the motion to proceed, and homeland security personnel through the develop- taking action on the following motions and amend- ment of a national security and homeland security ments proposed thereto: Page S6721 human capital strategy and interagency rotational D939

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Pending: of information protected from prohibited personnel Reid (for Tester) Amendment No. 2875, in the practices, require a statement in nondisclosure poli- nature of a substitute. Page S6727 cies, forms, and agreements that such policies, forms, Reid Amendment No. 2876 (to Amendment No. and agreements conform with certain disclosure pro- 2875), to change the enactment date. Page S6727 tections, provide certain authority for the Special Reid Amendment No. 2877 (to Amendment No. Counsel. Page S6761 2876), of a perfecting nature. Page S6727 Nominations Received: Senate received the fol- Reid Amendment No. 2878 (to the language pro- lowing nominations: posed to be stricken by Amendment No. 2875), to 7 Army nominations in the rank of general. change the enactment date. Page S6727 2 Marine Corps nominations in the rank of gen- Reid Amendment No. 2879 (to Amendment No. eral. 2878), of a perfecting nature. Page S6727 1 Navy nomination in the rank of admiral. Reid Motion to commit the bill to the Committee Routine lists in the Air Force, Army, Coast on Energy and Natural Resources, with instructions, Guard, Foreign Service, and Navy. Pages S6761–64 Reid Amendment No. 2880, to change the enact- ment date. Page S6727 Messages from the House: Pages S6736, S6737 Reid Amendment No. 2881 (to (the instructions) Measures Referred: Page S6737 Amendment No. 2880), of a perfecting nature. Enrolled Bills Presented: Page S6737 Page S6727 Reid Amendment No. 2882 (to Amendment No. Executive Communications: Pages S6737–44 2881), of a perfecting nature. Pages S6727–28 Additional Cosponsors: Pages S6744–47 A motion was entered to close further debate on Statements on Introduced Bills/Resolutions: the bill, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a Page S6747 vote on cloture will occur on Thursday, November Additional Statements: Pages S6734–36 15, 2012. Pages S6728, S6761 Amendments Submitted: Pages S6747–60 During consideration of this measure today, Senate Notices of Hearings/Meetings: Page S6760 also took the following action: By 92 yeas to 5 nays (Vote No. 201), Senate Authorities for Committees to Meet: agreed to the motion to proceed to consideration of Pages S6760–61 the bill. Pages S6721–27 Privileges of the Floor: Page S6761 A unanimous-consent agreement was reached pro- Record Votes: One record vote was taken today. viding that the filing deadline for first-degree (Total—201) Page S6727 amendments to the bill be at 4:00 p.m., on Wednes- day, November 14, 2012. Page S6761 Adjournment: Senate convened at 2 p.m. and ad- National Defense Authorization Act: Senate journed at 6:55 p.m., until 2:30 p.m. on Wednes- began consideration of the motion to proceed to con- day, November 14, 2012. (For Senate’s program, see sideration of S. 3254, to authorize appropriations for the remarks of the Acting Majority Leader in today’s fiscal year 2013 for military activities of the Depart- Record on page S6761.) ment of Defense, for military construction, and for defense activities of the Department of Energy, to Committee Meetings prescribe military personnel strengths for such fiscal year. Pages S6728–29 (Committees not listed did not meet) House Messages: Whistleblower Protection Enhancement Act: Sen- ATTACKS IN BENGHAZI ate concurred in the amendment of the House of Committee on Foreign Relations: Committee received a Representatives to S. 743, to amend chapter 23 of closed briefing on attacks in Benghazi from national title 5, United States Code, to clarify the disclosures security briefers.

VerDate Mar 15 2010 23:30 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD12\NOVEMBER\D13NO2.REC D13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 13, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D941 House of Representatives a scanned copy of a letter from Mr. Christopher M. Chamber Action Thomas, Director of Elections, Department of State, Public Bills and Resolutions Introduced: 2 public State of Michigan, indicating that, according to the bills, H.R. 6587–6588; were introduced. Page H6343 unofficial returns of the Special Election held No- Additional Cosponsors: Page H6344 vember 6, 2012, the Honorable David Alan Curson was elected Representative to Congress for the Elev- Report Filed: A report was filed today as follows: enth Congressional District, State of Michigan. H. Res. 808, providing for consideration of the bill (H.R. 6156) to authorize the extension of non- Pages H6338–39, H6342 discriminatory treatment (normal trade relations Oath of Office—First Congressional District of treatment) to products of the Russian Federation and Washington: Representative-elect Suzan K. DelBene Moldova and to require reports on the compliance of presented herself in the well of the House and was the Russian Federation with its obligations as a administered the Oath of Office by the Speaker. Ear- member of the World Trade Organization, and for lier, the Clerk of the House transmitted a facsimile other purposes (H. Rept. 112–693). Page H6343 copy of a letter from the Honorable Sam Reed, United States-China Economic and Security Re- Washington Secretary of State, indicating that, ac- view Commission—Reappointment: Read a letter cording to the unofficial returns of the Special Elec- from Representative Pelosi, Minority Leader, in tion held November 6, 2012, the Honorable Suzan which she reappointed Mr. Michael Wessel of Falls K. DelBene was elected Representative to Congress Church, Virginia to the United States-China Eco- for the First Congressional District, State of Wash- ington. Pages H6339, H6342 nomic and Security Review Commission. Page H6330 Recess: The House recessed at 2:12 p.m. and recon- Oath of Office—Fourth Congressional District of Kentucky: Representative-elect Thomas Massie pre- vened at 5:02 p.m. Page H6330 sented himself in the well of the House and was ad- Suspensions: The House agreed to suspend the rules ministered the Oath of Office by the Speaker. Ear- and pass the following measures: lier, the Clerk of the House transmitted a facsimile European Union Emissions Trading Scheme copy of a letter from Ms. Mary Sue Helm, Director Prohibition Act: S. 1956, to prohibit operators of of Elections and Administration, Office of the Sec- civil aircraft of the United States from participating retary of State, State of Kentucky, indicating that, in the European Union’s emissions trading scheme; according to the unofficial returns of the Special Pages H6330–34 Election held November 6, 2012, the Honorable Streamlining Claims Processing for Federal Thomas Massie was elected Representative to Con- Contractor Employees Act: H.R. 6371, to amend gress for the Fourth Congressional District, State of title 40, United States Code, to transfer certain func- Kentucky. PageS H6339, H6342 tions from the General Accountability Office to the Whole Number of the House: The Speaker an- Department of Labor relating to the processing of nounced to the House that, in light of the adminis- claims for the payment of workers who were not tration of the oath to the gentlewoman from Wash- paid appropriate wages under certain provisions of ington and the gentlemen from Kentucky and such title, by a 2/3 yea-and-nay vote of 361 yeas to Michigan, the whole number of the House is 433. 3 nays, Roll No. 604; and Pages H6334–35, H6338 Page H6341 Extending the application of certain space Senate Message: Message received from the Senate launch liability provisions through 2014: H.R. by the Clerk and subsequently presented to the 6586, to extend the application of certain space House today appears on page H6337. launch liability provisions through 2014. Quorum Calls—Votes: One yea-and-nay vote de- Pages H6335–37 veloped during the proceedings of today and appears Recess: The House recessed at 6:07 p.m. and recon- on page H6338. There were no quorum calls. vened at 6:30 p.m. Page H6337 Adjournment: The House met at 2 p.m. and ad- Oath of Office—Eleventh Congressional District journed at 7:34 p.m. of Michigan: Representative-elect David Alan Curson presented himself in the well of the House Committee Meeting and was administered the Oath of Office by the Committee on Rules: Full Committee held a hearing on Speaker. Earlier, the Clerk of the House transmitted H.R. 6156, the ‘‘Russia and Moldova Jackson-Vanik

VerDate Mar 15 2010 23:30 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD12\NOVEMBER\D13NO2.REC D13NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE D942 CONGRESSIONAL RECORD — DAILY DIGEST November 13, 2012 Repeal Act of 2012’’. The Committee granted a H.R. 1272, to provide for the use and distribution closed rule for H.R. 6156. The rule provides 90 of the funds awarded to the Minnesota Chippewa minutes of debate, with 60 minutes equally divided Tribe, et al, by the United States Court of Federal and controlled by the chair and ranking minority Claims in Docket Numbers 19 and 188. Signed on member of the Committee on Ways and Means and October 5, 2012. (Public Law 112–179) 30 minutes equally divided and controlled by the H.R. 1791, to designate the United States court- chair and ranking minority member of the Com- house under construction at 101 South United States mittee on Foreign Affairs. The rule waives all points Route 1 in Fort Pierce, Florida, as the ‘‘Alto Lee of order against consideration of the bill. The rule Adams, Sr., United States Courthouse’’. Signed on provides that an amendment in the nature of a sub- October 5, 2012. (Public Law 112–180) stitute consisting of the text of Rules Committee H.R. 2139, to require the Secretary of the Treas- Print 112–33 shall be considered as adopted, and the ury to mint coins in commemoration of the centen- bill, as amended, shall be considered as read. The nial of the establishment of Lions Clubs Inter- rule waives all points of order against provisions in national. Signed on October 5, 2012. (Public Law the bill, as amended. The rule provides one motion 112–181) to recommit with or without instructions. Section 2 H.R. 2240, to authorize the exchange of land or provides that on any legislative day during the pe- interest in land between Lowell National Historical riod from November 19, 2012, through November Park and the city of Lowell in the Commonwealth 23, 2012, the Journal of the proceedings of the pre- of Massachusetts. Signed on October 5, 2012. (Pub- vious day shall be considered as approved, the Chair lic Law 112–182) may adjourn the House to meet at a date and time H.R. 2706, to prohibit the sale of billfish. Signed within the limits of clause 4, section 5, article I of on October 5, 2012. (Public Law 112–183) the Constitution, and bills and resolutions intro- H.R. 3556, to designate the new United States duced shall be numbered, listed in the Congressional courthouse in Buffalo, New York, as the ‘‘Robert H. Record, and when printed shall bear the date of in- Jackson United States Courthouse’’. Signed on Octo- troduction, but may be referred at a later time. Sec- ber 5, 2012. (Public Law 112–184) tion 3 authorizes the Speaker to appoint Members to perform the duties of the Chair for the duration of H.R. 4158, to confirm full ownership rights for the period addressed by section 2. Testimony was certain United States astronauts to artifacts from the heard from Representatives Brady (TX) and Levin. astronauts’ space missions. Signed on October 5, 2012. (Public Law 112–185) H.R. 4223, to amend title 18, United States Joint Meetings Code, to prohibit theft of medical products. Signed No joint committee meetings were held. on October 5, 2012. (Public Law 112–186) f H.R. 4347, to designate the United States court- house located at 709 West 9th Street in Juneau, NEW PUBLIC LAWS Alaska, as the ‘‘Robert Boochever United States (For last listing of Public Laws, see DAILY DIGEST, p. D909) Courthouse’’. Signed on October 5, 2012. (Public H.J. Res. 117, making continuing appropriations Law 112–187) for fiscal year 2013. Signed on September 28, 2012. H.R. 5512, to amend title 28, United States (Public Law 112–175) Code, to realign divisions within two judicial dis- S. 3245, to extend by 3 years the authorization of tricts. Signed on October 5, 2012. (Public Law the EB–5 Regional Center Program, the E-Verify 112–188) Program, the Special Immigrant Nonminister Reli- H.R. 6189, to eliminate unnecessary reporting re- gious Worker Program, and the Conrad State 30 J–1 quirements for unfunded programs under the Office Visa Waiver Program. Signed on September 28, of Justice Programs. Signed on October 5, 2012. 2012. (Public Law 112–176) (Public Law 112–189) S. 3552, to reauthorize the Federal Insecticide, H.R. 6215, to amend the Trademark Act of 1946 Fungicide, and Rodenticide Act. Signed on Sep- to correct an error in the provisions relating to rem- tember 28, 2012. (Public Law 112–177) edies for dilution. Signed on October 5, 2012. (Pub- S. 3625, to change the effective date for the inter- lic Law 112–190) net publication of certain information to prevent H.R. 6375, to authorize certain Department of harm to the national security or endangering the Veterans Affairs major medical facility projects, to military officers and civilian employees to whom the amend title 38, United States Code, to extend cer- publication requirement applies. Signed on Sep- tain authorities of the Secretary of Veterans Affairs. tember 28, 2012. (Public Law 112–178) Signed on October 5, 2012. (Public Law 112–191)

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(Public Law 112–193) titled ‘‘Is ‘Meaningful Use’ Delivering Meaningful Re- S. 300, to prevent abuse of Government charge sults?: An Examination of Health Information Tech- cards. Signed on October 5, 2012. (Public Law nology Standards and Interoperability’’, 10 a.m., 2318 112–194) Rayburn. S. 710, to amend the Solid Waste Disposal Act November 15, Full Committee, hearing entitled ‘‘The to direct the Administrator of the Environmental U.S. Antarctic Program: Achieving Fiscal and Logistical Protection Agency to establish a hazardous waste Efficiency While Supporting Sound Science’’, 10 a.m., electronic manifest system. Signed on October 5, 2318 Rayburn. Committee on Transportation and Infrastructure, November 2012. (Public Law 112–195) 16, Full Committee, hearing entitled ‘‘Metropolitan S. 3624, to amend section 31311 of title 49, Washington Airports Authority (MWAA): A Review of United States Code, to permit States to issue com- the Department of Transportation Inspector General’s mercial driver’s licenses to members of the Armed Findings and Recommendations’’, 9 a.m., 2167 Rayburn. Forces whose duty station is located in the State. Committee on Veterans’ Affairs, November 15, Sub- Signed on October 19, 2012. (Public Law 112–196) committee on Economic Opportunity, hearing entitled f ‘‘Review of Veterans Employment Challenges and Initia- tives of the 112th Congress’’, 10 a.m., 334 Cannon. COMMITTEE MEETINGS FOR WEDNESDAY, House Permanent Select Committee on Intelligence, Novem- NOVEMBER 14, 2012 ber 15, Full Committee, hearing on ongoing intelligence activities, 10 a.m., HVC–304. This is a closed hearing. (Committee meetings are open unless otherwise indicated) Joint Meetings Senate Commission on Security and Cooperation in Europe: Novem- Committee on Banking, Housing, and Urban Affairs: to ber 16, to receive a briefing on assessing Ukraine’s par- hold an oversight hearing to examine Basel III, focusing liamentary elections, focusing on the lack of a level play- on the impact of proposed capital rules, 2:30 p.m., ing field, 10 a.m., B318, Rayburn Building. SD–538. f Committee on Homeland Security and Governmental Affairs: to receive a closed briefing on the attack on the United CONGRESSIONAL PROGRAM AHEAD States mission in Benghazi, 11 a.m., SVC–217. Week of November 14 through November 16, House Committees 2012 Committee on Energy and Commerce, November 14, Sub- Senate Chamber committee on Oversight and Investigation, hearing enti- tled ‘‘The Fungal Meningitis Outbreak: Could It Have Senate will continue consideration of S. 3525, Been Prevented?’’, 10 a.m., 2123 Rayburn. Sportsmen’s Act, and vote on the motion to invoke Committee on Foreign Affairs, November 15, Full Com- cloture on the bill. mittee, hearing entitled ‘‘Benghazi and Beyond: What During the balance of the week, Senate may con- Went Wrong on September 11, 2012 and How To Pre- sider any cleared legislative and executive business. vent It From Happening at other Frontline Posts’’, 10 Senate Committees a.m., 2172 Rayburn. Committee on Homeland Security, November 16, Sub- (Committee meetings are open unless otherwise indicated) committee on Oversight, Investigations, and Manage- Committee on Armed Services: November 15, to hold hear- ment, hearing entitled ‘‘A Line in the Sand: Assessing ings to examine the nomination of General Joseph F. Dangerous Threats to Our Nation’s Borders’’, 9 a.m., 311 Dunford, Jr., USMC for reappointment to the grade of Cannon. general and to be Commander, International Security As- November 15, Subcommittee on Counterterrorism and sistance Force, and to be Commander, U.S. Forces, Af- Intelligence, hearing entitled ‘‘WMD Terrorism: Assess- ghanistan, 9:30 a.m., SD–G50. ing the Continued Homeland Threat’’, 10 a.m., 210 Can- Committee on Banking, Housing, and Urban Affairs: No- non. vember 14, to hold an oversight hearing to examine Basel November 15, Subcommittee on Transportation Secu- III, focusing on the impact of proposed capital rules, 2:30 rity, hearing entitled ‘‘TSA’s Recent Scanner Shuffle: Real p.m., SD–538. Strategy or Wasteful Smokescreen?’’, 10 a.m., 311 Can- Committee on Environment and Public Works: November non. 15, to hold hearings to examine an original bill entitled,

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‘‘Water Resources Development Act of 2012’’, 10:30 on the United States mission in Benghazi, 11 a.m., a.m., SD–406. SVC–217. Committee on Health, Education, Labor, and Pensions: No- Select Committee on Intelligence: November 15, to hold vember 15, to hold hearings to examine pharmacy closed hearings to examine certain intelligence matters, compounding, focusing on implications of the 2012 men- 2:30 p.m., SH–219. ingitis outbreak, 9:45 a.m., SD–106. Special Committee on Aging: November 15, to hold hear- Committee on Homeland Security and Governmental Affairs: ings to examine preventing elder financial abuse, 2 p.m., November 14, to receive a closed briefing on the attack SD–562.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED TWELFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through September 30, 2012 January 3 through September 30, 2012

Senate House Total Civilian nominations, totaling 408 (including 188 nominations carried Days in session ...... 112 114 . . over from the First Session), disposed of as follows: Time in session ...... 729 hrs., 8′ 624 hrs., 53′ .. Confirmed ...... 225 Congressional Record: Unconfirmed ...... 166 Pages of proceedings ...... S6689 H6298 . . Withdrawn ...... 16 Extensions of Remarks ...... E1672 . . Returned to White House ...... 1 Public bills enacted into law ...... 25 63 88 Private bills enacted into law ...... Other Civilian nominations, totaling 3,899 (including 167 nomina- tions carried over from the First Session), disposed of as follows: Bills in conference ...... Confirmed ...... 3,893 Measures passed, total ...... 337 365 702 Unconfirmed ...... 3 Senate bills ...... 46 29 . . Withdrawn ...... 3 House bills ...... 81 241 . . Senate joint resolutions ...... 3 . . . . Air Force nominations, totaling 5,812 (including 295 nominations House joint resolutions ...... 1 3 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 12 9 . . Confirmed ...... 5,769 House concurrent resolutions ...... 12 15 . . Unconfirmed ...... 42 Simple resolutions ...... 182 68 . . Withdrawn ...... 1 Measures reported, total ...... 182 300 482 Senate bills ...... 132 11 . . Army nominations, totaling 6,057 (including 16 nominations carried House bills ...... 29 242 . . over from the First Session), disposed of as follows: Senate joint resolutions ...... 1 . . . . Confirmed ...... 6,042 House joint resolutions ...... 1 . . Unconfirmed ...... 14 Senate concurrent resolutions ...... 1 . . . . Withdrawn ...... 1 House concurrent resolutions ...... 2 . . Navy nominations, totaling 3,824 (including 1 nominations carried Simple resolutions ...... 19 44 . . over from the First Session), disposed of as follows: Special reports ...... 5 28 . . Confirmed ...... 3,822 Conference reports ...... 3 3 . . Unconfirmed ...... 2 Measures pending on calendar ...... 377 96 . . Measures introduced, total ...... 1,875 3,169 5,044 Marine Corps nominations, totaling 1,310, disposed of as follows: Bills ...... 1,594 2,804 .. Confirmed ...... 1,310 Joint resolutions ...... 17 23 . . Concurrent resolutions ...... 26 45 . . Summary Simple resolutions ...... 238 297 . . Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 657 Yea-and-nay votes ...... 200 194 . . Total Nominations received this Session ...... 20,643 Recorded votes ...... 407** . . Total confirmed ...... 21,061 Bills vetoed ...... Total unconfirmed ...... 227 Vetoes overridden ...... Total withdrawn ...... 21 Total Returned to the White House ...... 1 * These figures include all measures reported, even if there was no accom- panying report. A total of 127 written reports have been filed in the Senate, 331 reports have been filed in the House. ** Proceedings on Roll Call No. 327 were vacated by unanimous consent.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2:30 p.m., Wednesday, November 14 10 a.m., Wednesday, November 14

Senate Chamber House Chamber Program for Wednesday: The Majority Leader will be Program for Wednesday: Consideration of the following recognized. The filing deadline for first-degree amend- measures under suspension of the rules: (1) Concur in the ments to S. 3525, Sportsmen’s Act, will be at 4 p.m. Senate Amendment to H.R. 2606—New York City Nat- ural Gas Supply Enhancement Act; (2) H.R. 6570—To amend the American Recovery and Reinvestment Act of 2009 and the Emergency Economic Stabilization Act of 2008 to consolidate certain CBO reporting requirements; (3) Concur in the Senate Amendment to H.R. 2453— Mark Twain Commemorative Coin Act; (4) H.R. 6116— To amend the Revised Organic Act of the Virgin Islands to provide for direct appeals to the United States Su- preme Court of decisions of the Virgin Islands Supreme Court, as amended; and (5) H.R. 5934—Stop Tobacco Smuggling in the Territories Act of 2012.

Extensions of Remarks, as inserted in this issue

HOUSE Coffman, Mike, Colo., E1743 Paul, Ron, Tex., E1750 Cohen, Steve, Tenn., E1741 Pelosi, Nancy, Calif., E1750 Andrews, Robert E., N.J., E1745 Filner, Bob, Calif., E1750 Rogers, Mike, Ala., E1749 Bishop, Sanford D., Jr., Ga., E1744 Gallegly, Elton, Calif., E1743, E1748 Sa´ nchez, Linda T., Calif., E1744 Buchanan, Vern, Fla., E1742 Granger, Kay, Tex., E1739 Speier, Jackie, Calif., E1739, E1740, E1740 Burgess, Michael C., Tex., E1739, E1743 Johnson, Eddie Bernice, Tex., E1749, E1751 Calvert, Ken, Calif., E1742, E1747 Keating, William R., Mass., E1741 Stark, Fortney Pete, Calif., E1740 Chu, Judy, Calif., E1741 Kucinich, Dennis J., Ohio, E1741, E1742, E1742, E1743, Wilson, Joe, S.C., E1741, E1747 Coble, Howard, N.C., E1749 E1743, E1744, E1747, E1747, E1748, E1748

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