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

Vol. 158 WASHINGTON, TUESDAY, DECEMBER 11, 2012 No. 159 House of Representatives The House met at noon and was stimulus spending and an increase in tional civilian or military service. The called to order by the Speaker. the debt limit without any cuts or re- Order’s motto, ‘‘Honor and Father- f forms. That’s not fixing our problem. land,’’ reaffirms a celebration of patri- Frankly, it’s making it worse. On top otism and service for its recipients. MORNING-HOUR DEBATE of that, the President wants to raise Victor DiCarlo was drafted into the The SPEAKER. Pursuant to the tax rates on many small business own- Army 2 months after he graduated order of the House of January 17, 2012, ers. Now, even if we did exactly what from Pittsburgh’s Schenley High the Chair will now recognize Members the President wants, we would see red School in 1944. He arrived in France in from lists submitted by the majority ink for as far as the eye can see. That’s 1945 and was assigned the responsi- and minority leaders for morning-hour not fixing our problem either; it’s mak- bility of aiding the Allied Forces in re- debate. ing it worse and it’s hurting our econ- versing gains made by the German The Chair will alternate recognition omy. Army. He first saw combat in the Mo- between the parties, with each party I think the Members know that I’ selle region, helping the Allied Forces limited to 1 hour and each Member an optimist. I’m hopeful that we can by breaking through the heavily for- other than the majority and minority reach an agreement. This is a serious tified infamous Siegfried Line, a 390- leaders and the minority whip limited issue, and there’s a lot at stake. The mile defense system set up by the Ger- to 5 minutes each, but in no event shall American people sent us here to work man Army along the country’s western debate continue beyond 1:50 p.m. together towards the best possible so- border that contained a series of tank f lution, and that means cutting spend- traps and manned bunkers. FISCAL CLIFF UPDATE ing. After successfully breaking through The SPEAKER pro tempore (Mr. Now, if the President doesn’t agree the Siegfried Line, Victor headed north in order to provide assistance to the LATOURETTE). The Chair recognizes the with our approach, he’s got an obliga- undermanned and underequipped Allied gentleman from (Mr. BOEHNER) tion to put forward a plan that can for 5 minutes. pass both Chambers of Congress. Be- Forces during the famous Battle of the Mr. BOEHNER. Mr. Speaker, last cause right now the American people Bulge. He also saw combat in the week, Republicans made a serious offer have to be scratching their heads and Rhineland region and all around cen- to avert the fiscal cliff, and most of it wondering: When is the President going tral Europe throughout the duration of was based on testimony given last year to get serious? World War II. His division also helped by President Clinton’s former Chief of f to liberate two concentration camps, one in Austria and one in Germany. Staff, . As Mr. Bowles RECOGNIZING VICTOR DICARLO himself said on Sunday: ‘‘We have to Upon receiving an honorable dis- cut spending.’’ Well, he’s right. Wash- The SPEAKER pro tempore. The charge from the service, Victor was ington has a spending problem. Let’s be Chair recognizes the gentleman from awarded the Bronze Star by the United honest: we’re broke. The plan that we Pennsylvania (Mr. ALTMIRE) for 5 min- States for his committed, meritorious have offered is consistent with the utes. service to his country during World President’s call for a ‘‘balanced ap- Mr. ALTMIRE. Mr. Speaker, I rise War II, a fitting honor for a patriot of proach.’’ today to recognize Victor DiCarlo for Victor’s caliber. This year, on Sep- A lot of people know that the Presi- receiving the National Order of the tember 27, 2012, Victor added another dent and I met on Sunday. It was a nice French Legion of Honor, the highest decoration when he was awarded the meeting, it was cordial; but we’re still decoration that France bestows for French Legion of Honor during a cere- waiting for the White House to identify meritorious service. I also want to mony here in Washington, D.C. at the what spending cuts the President is commend Mr. DiCarlo for his unwaver- French Embassy. He was given the willing to make as part of the ‘‘bal- ing service to his country during World honor for his military service in help- anced approach’’ that he promised the War II. It’s truly a privilege to be able ing to secure the liberation of France. American people. Where are the Presi- to honor a constituent who so exempli- The determination, bravery, and self- dent’s spending cuts? The longer the fies patriotism and the American spir- lessness of Victor DiCarlo and so many White House slow-walks this process, it. like him is why we consider his genera- the closer our economy gets to the fis- Established by Napoleon Bonaparte tion the greatest. After the war, Victor cal cliff. in 1802, the National Order of the returned home, earned an engineering But here’s what we do know: we French Legion of Honor is a merit- degree from Tri-State College in Indi- know that the President wants more based distinction awarded for excep- ana, and worked as an engineer until

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 01:14 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A11DE7.000 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6682 CONGRESSIONAL RECORD — HOUSE December 11, 2012 his retirement from Westinghouse in and which I think in this body, given the same tax cut that everyone does. 1989. He and his wife have five children, the right to vote for it, would have So it is 100 percent of the American 13 grandchildren, and one great-grand- overwhelming support. people get a tax cut, the upper 2 per- child. Up until now, everybody in the coun- cent are asked to pay a little bit more. I ask my colleagues to join me in try—in fact, in the world—has been So I thank the Speaker for finally at celebrating an individual who is em- talking about what’s going to happen— least uttering the words on the floor of blematic of the greatest armed forces those who pay attention to such mat- the House about what the decisions are in the world. World War II is filled with ters—what’s going to happen in the that need to be made. Again, we have stories of heroism, triumph, and patri- budget debate in the Congress and with committed to the cuts, we have acted otism; and it is truly an honor to share the President. At last, that subject upon the entitlements, the President Victor’s story with my colleagues comes to the floor. has more in his budget, all of this would be a down payment for as we go today. b 1210 I again want to commend Victor forward into the next session of Con- DiCarlo for his commitment to his What I would do to respond to what gress to talk about tax simplification country and join with his family in the Speaker has said, though, is to set and fairness, how we can perhaps lower congratulating him for being awarded the record straight. The fact is that rates while plugging up loopholes and the prestigious National Order of the the President has, and Democrats having a Tax Code that encourages French Legion of Honor. agree with him, agreed to around $1.6 growth in our economy. trillion in cuts in the Budget Control But that is a longer discussion as we f Act and other acts of Congress in this address the issue of how we strengthen BIDDING FAREWELL TO OUTGOING particular Congress, $1.6 trillion in our entitlements not by diminishing OHIO MEMBERS cuts. Where are the cuts? They’re in benefits but by getting more for what The SPEAKER pro tempore. The bills that you, Mr. Speaker, have voted we are spending. So if it’s Social Secu- Chair recognizes the gentleman from for. rity, any changes in Social Security Ohio (Mr. TURNER) for 5 minutes. Secondly, on the issue of the entitle- should be left to strengthen Social Se- Mr. TURNER of Ohio. Mr. Speaker, I ments with the curity. If it’s Medicare, any changes am here today to extend my sincere and with legislation, suggestions and should be there to strengthen Medi- and best wishes as five of my fellow provisions in the President’s budget, it care, not to underwrite and subsidize Ohioans will be leaving the House at amounts to over $1 trillion in savings tax cuts for the wealthiest people in the adjournment of this Congress. in Medicare, over $1 trillion in savings our country. Ohioans have benefited greatly from which have been redirected to pro- So, again, I welcome the Speaker’s statement that he wants to solve the the dedication and service of Rep- longing the life of Medicare, making it problem. The President has put forth resentative STEVE LATOURETTE, who stronger for nearly a decade while in- his budget, which has his initiative in occupies the Speaker’s chair today; creasing benefits for our seniors and it. He has said that he’s willing to Representatives ; JEAN those who depend on Medicare—not re- make some changes. But it’s really im- SCHMIDT; ; and STEVE ducing but increasing benefits. There’s portant that any changes not hurt the AUSTRIA. On a personal note, I want to been a massive misrepresentation middle class. It comes right down to thank Representative STEVE LATOU- about what that is, so I want to set the this. Again, I’ve said, it’s not about the RETTE for both his mentorship and his record straight. So in terms of spend- price of the high-end tax cut, it’s about guidance and leadership in Congress. ing cuts, we are on the record having the money that it generates. You can I’ve had the privilege of working voted for about $1.6 trillion. find the money another way at the across the aisle with each of these law- In terms of entitlement reform, there is over $1 trillion already and more high end. Let’s see what that discus- makers in support of our fellow - sion is. But it is not to burden the mid- savings to be gained in further discus- eyes and Americans. Their service to dle income in order to have bigger tax sions on the subject by a strong down our home State of Ohio and to our Na- cuts at the high end. tion will not end with this Congress. payment. Those high-end tax cuts only in- What is missing are two elements Their innovative ideas and selfless crease the deficit. They have not cre- service will be felt long after they that the President has put forth in his ated jobs. It’s simply unfair, and it leave the people’s House. budget: growth, investments in infra- doesn’t work. So hopefully the clock is I look forward to their future roles as structure—yes, the President has ticking, we’re getting closer to the Ohioans, committed to advancing the called for investments in infrastruc- holidays, and that means closer to the interests of our communities, our ture to build the infrastructure of end of the year, which is fraught with State, and our great country. America and to create jobs to grow our meaning in terms of time and the rest f economy; and, where are the revenues? of this. I don’t think there’s any reason Where are the revenues? Regardless of AT LAST, FISCAL CLIFF DEBATE for us not to come to the table to make the cuts or the changes in entitle- an agreement to give confidence to The SPEAKER pro tempore. The ments, more is demanded in terms of consumers in this holiday season and Chair recognizes the gentlewoman from what seniors would have to pay into to the markets at their end of year de- California (Ms. PELOSI) for 5 minutes. Medicare and at what age that would cisions so that we will have the Ms. PELOSI. Mr. Speaker, I come to happen, while the Republicans refuse growth—the growth, the jobs that the floor very pleased that our Speaker to touch one hair on the head of the produce revenue. That approach is the of the House, Mr. BOEHNER, has wealthiest people in our country. way to create jobs to reduce the def- brought the discussion of our fiscal The public overwhelmingly, 2–1, sup- icit. challenges to this floor. Indeed, it is ports the President’s initiative for ex- We want to fix the deficit, grow the long overdue. We have been calling tending the middle-income tax cuts economy, and do so in a way that upon the Speaker to bring forth a mid- whereby 100 percent—100 percent—of makes responsible cuts and strong in- dle-income tax cut now for a very long U.S. taxpayers get a tax cut. Above vestments for our seniors and the pil- time—in fact, since last summer when 250—the people making more than lars of economic security for them and it passed the United States Senate. The $250,000 a year would be asked to pay a for their family. It is not a time to in- President stands ready and poised with little more to contribute to the fiscal ject even more uncertainty into the his pen to sign it. soundness of our country, to pay our lives of the American people and the Democrats in the House have a dis- bills, the defense of our country, the economy of our country—and what charge petition to bring that bill to the support of our troops, the pillars of se- that means globally. It simply isn’t the floor. What stands in the way is an act curity for our seniors, the education of time. Many of these ideas are bad at on the part of the Republican majority our children and the safety of our any time, but they’re particularly to bring a middle-income tax cut to the neighborhoods. harmful at this time. floor of the House, which across the This is just asking them to pay a lit- So, again, I thank the Speaker for country has almost universal support tle bit more while they continue to get bringing the issue finally to the floor

VerDate Mar 15 2010 01:14 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.001 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6683 of the House of Representatives. I look wouldn’t be any bigger than $700 bil- You will see that every single Presi- forward to how we can move quickly lion. That means that the President dent in my lifetime has gone with that because time is of the essence, and owes the American taxpayer $200 bil- tried-and-true formula of asking the every day that we can remove all doubt lion in cuts, not over the course of 10 top 1 percent to pay more. Every Presi- about the full faith and credit of the years, but over this year right now, the dent in my lifetime has gone with the United States of America, our invest- fiscal year 2013 that we’re in. tried-and-true formula of telling the ments in the future, our creation of Mr. Speaker, the President made a American voter that they can have all jobs and our respect and support for pledge to cut spending not to the Re- the government they want, and they the economic and health security of publican Members of Congress. He won’t have to pay for it. our seniors, every day we can do that, doesn’t even speak to us, if you want to In fact, as we sit here today, Mr. but more quickly, is a good day. know the truth of the matter. He made Speaker, the last year for which the f a pledge to cut spending to the citizens Congressional Budget Office has num- of the United States of America so that bers, the bottom 80 percent of America, THE FISCAL CLIFF our children and grandchildren would most of us, pays only 6 percent of the The SPEAKER pro tempore. The be able to pursue their dreams instead income tax burden in America. Eighty Chair recognizes the gentleman from of being saddled with our debts. percent of us pay 6 percent of the bur- Georgia (Mr. AUSTIN SCOTT) for 5 min- Mr. Speaker, a pledge from the Presi- den. The top 1 percent today are paying utes. dent of the United States to the citi- 39 percent of the burden. Mr. AUSTIN SCOTT of Georgia. Mr. zens of this country should mean some- Mr. Speaker, raising taxes on people Speaker, ladies and gentlemen of thing. Instead, his plan in his budget, is easy. In fact, if we give the President America, every day that I’m on the assuming his tax increases, leaves our every nickel that he wants in tax in- floor, I can’t help but be reminded that children and grandchildren with a debt creases, it doesn’t even solve 1 month facts are a stubborn thing, and I simply of more than $21 trillion. That, ladies of deficits in this Congress, not 1 want to talk to you about the facts and gentlemen, is something that we month. In fact, it solves about two- today. You see, the President and the simply cannot allow him to do to our thirds of 1 month, and that’s if we Democratic leadership spent the last 4 country and to our children. don’t spend any of it. And as the Mi- years blaming George Bush for driving nority Leader just so eloquently said, our economy into the ditch. Now, as f he wants to spend a lot of it on invest- President Obama drives our economy THE HIGHEST BUDGET DEFICITS ment in this country. So this whole towards the fiscal cliff, I’d like to share IN AMERICAN HISTORY discussion, this whole business of tax with you some remarks, remind you, The SPEAKER pro tempore. The increases that the President spent 2 remarks that he made during his Fiscal Chair recognizes the gentleman from years building a mandate for, solves Responsibility held on Feb- Georgia (Mr. WOODALL) for 5 minutes. less than 1 month of the problem. ruary 23, 2009, at the White House. Mr. WOODALL. Mr. Speaker, I appre- The President said: Mr. Speaker, my challenge today to ciate the words of my colleague from the White House, to my friends on the We cannot and will not sustain deficits Georgia. He was the president of this like these without end. Contrary to the pre- left: Make it hard on me as a freshman vailing wisdom in Washington these past few freshman class that the American peo- conservative. Make it hard. Lay out years, we cannot simply spend as we please ple elected in 2010, about 99 new Mem- those tax increases right beside solu- and defer the consequences to the next budg- bers, mostly Republicans, but Demo- tions to the real problem, which is et, the next administration, or the next gen- crats as well. It was one of the largest spending, and make those spending re- eration. We’re paying the price for this budg- freshman classes we’ve had in history. ductions so large and so powerful and et right now. I remember when the President spoke so helpful to the American economy He continued: those words that my colleague from that I’ll have no choice but to agree to In 2008 alone, we paid $250 billion in inter- Georgia just quoted, when he said by your tax increases so that we can save est on our debt—1 in every 10 taxpayer dol- the end of his first term he was going the country by solving the real prob- lars. That is more than three times what we to cut the deficit in half. I remember lem, which is spending. spent on education that year, more than chuckling just a little bit and thinking seven times what we spent on VA health There is no leadership, Mr. Speaker, care. So if we confront this crisis without what a low bar to set, having run such in raising taxes on the 1 percent. We’ve also confronting the deficits that helped a huge campaign as he ran in 2007 and been doing it for a long time. The prob- cause it, we risk sinking into another crisis 2008, just to cut the deficit in half. I lem in this town is spending, and we down the road as our interest payments rise thought we could do better. I didn’t re- have yet to see the leadership from the and our obligations come due. Confidence in alize at the time, of course, that we White House on that problem. If we our economy erodes, and our children and were going to begin, during the Obama give them everything they want, it grandchildren are unable to pursue their administration, running the highest dreams because they’re saddled with our solves less than 1 month of the deficit. debts. budget deficits in American history. We, Republicans and Democrats, Con- That’s why today, I’m pledging to cut the Formerly, the Bush deficits had been gress and the White House, owe the deficit we inherited by half by the end of my the highest deficits in American his- American people so much better. first term in office. Now, this will not be tory. Of course, President Obama took Let’s not kick the can down the road. easy. It will require us to make difficult de- those deficits not just to that level, not Let’s do it right now in these discus- cisions and face challenges we’ve long ne- to just twice that level, not to just sions. glected. But I refuse to leave our children three times that level, but almost four with a debt they cannot repay. That means f times the level of what were formerly taking responsibility for it right now, in this TIME FOR LEADERSHIP administration, for getting our spending the highest deficits in American his- under control. tory. The SPEAKER pro tempore (Mr. Now, let’s do the math, Mr. Speaker. This campaign, Mr. Speaker, he spent WOODALL). The Chair recognizes the The deficit that the President is talk- the entire campaign campaigning on gentleman from Ohio (Mr. LATOU- ing about is this 1.4, the $1.4 trillion raising taxes on the 1 percent. He said RETTE) for 5 minutes. deficit that he’s talking about. Now, he had a mandate to do that because he Mr. LATOURETTE. Mr. Speaker, I according to his own proposal, if he talked about that for 2 years and folks hadn’t planned on talking, but as I con- gets all of the tax increases that he has elected him President, and they did. clude my service here in the United asked for, and I want to make this Candidly, Mr. Speaker, that’s not a States Congress, every time somebody clear, his revenue estimate right here new idea. comes down to the well and says that assumes that he gets the tax increases I show you here this red line, which they want to set the record straight, that they’re asking for. represents the tax burden, the bills the record winds up looking like the that the top 1 percent of America pays; hind legs of my dog: very crooked. b 1220 this blue line represents the bills that Knowing a little bit about this and You still have a $900 billion deficit, the 80 percent of the rest of us pay. It caring about this issue, as everybody ladies and gentlemen. He promised it goes back to 1979 and Jimmy Carter. that serves in this Congress does, I

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In times the fact that both the Speaker and the listen to the people talking, the Presi- of darkness, we readily turn on lights. minority leader spoke today about the dent’s advisers are saying, Well, you Millions of Americans in this season need to come up with a solution. know, going over the fiscal cliff, we’re have variously turned to the celebra- Last spring, a guy named JIM COO- putting the Republicans in this box and tion of the Christmas season, with its PER, a Member from Tennessee, and I the 2 percent, that’s good for the Presi- trees and lights, and Hanukkah, the offered in response to the budget reso- dent. And you hear the Democrats say- Festival of Lights. lutions that were going on, something ing, Listen, if we can have this dis- Even so, in our political world, there called ‘‘Simpson-Bowles.’’ Simpson- charge petition, make people not like remains the reality of considerable dis- Bowles is also known as the fiscal com- Republicans, that’s good for the Demo- agreement and contention. Where there mission appointed by President Obama cratic Party as we go forward. is darkness here, send forth a spark of to look at the Nation’s fiscal problems inspiration and grace to enlighten b 1230 and come up with a set of recommenda- minds and warm hearts to respond to tions. Some people, quite frankly, in my Your love for Your people. The fact is that, even though it was party—the Republican Party—are say- Eternal Father of us all, fill Your President Obama’s commission, he has ing, Hey, listen. If we can paint the children with the delight that comes not sought to implement one of the President and the Democrats as tax from light. May we walk no longer in recommendations. Why? Because the and spenders, then that’s good for our the darkness of distrust, but join to- recommendations are tough. There’s a party. gether in mutual understanding and lot of tough love. You don’t get into a Mr. Speaker, when are people going peace toward the common well-being of situation as a country where you owe to stop thinking about what’s good for our Nation. $16 trillion and not have a solution themselves or good for their parties May all that is done this day be for that involves some difficulty and some and start thinking about what’s good Your greater honor and glory. Amen. sacrifice. for America? f Included in there—and sadly, as you What’s good for America is that listen to the news accounts and you lis- we’ve got to come together and solve THE JOURNAL ten to some of the comments on the this problem, not just with taking that The SPEAKER pro tempore. The floor—the rhetoric is that those mean, $90 billion, which really is not much, Chair has examined the Journal of the nasty, nasty, mean Republicans are so but with reforming our Tax Code. We last day’s proceedings and announces interested in protecting the rich people have to look at the programs of Social to the House his approval thereof. in this country that they’re not willing Security and Medicare, not to evis- Pursuant to clause 1, rule I, the Jour- to increase and ask them to give just a cerate them, not to throw Granny out nal stands approved. little bit more. As one Republican who, on the street, not to not have health Mr. DOLD. Mr. Speaker, pursuant to in fact, says give the President the 2 care for people in this country, but to clause 1, rule I, I demand a vote on percent of the rate increases that he’s make those programs not only viable agreeing to the Speaker’s approval of looking for—that still doesn’t solve the today—but what about the people in the Journal. problem, as Mr. WOODALL so eloquently their forties and thirties and twenties? The SPEAKER pro tempore. The indicated—I would come at it a dif- They did a survey a little while ago question is on the Speaker’s approval ferent way. of high school seniors, and asked: What of the Journal. If you let the Bush tax cuts expire on are you more likely to see, a Social Se- The question was taken; and the the top 2 percent of wage earners in curity check or a UFO, an unidentified Speaker pro tempore announced that this country, by the President’s num- flying object? More seniors picked the the ayes appeared to have it. bers—not my numbers, not some num- UFO, and with some of the leadership Mr. DOLD. Mr. Speaker, I object to ber that was pulled out of the cam- around here, I’m not surprised that the vote on the ground that a quorum paign—it raises about $900 billion over they picked the UFO. is not present and make the point of 10 years. Not being the sharpest knife The fact of the matter is that we order that a quorum is not present. in the drawer when it came to math can’t play small ball. When COOPER and The SPEAKER pro tempore. Pursu- when I was growing up, even I can do I put this thing on the floor last spring, ant to clause 8, rule XX, further pro- that. If you divide $900 billion by 10 it got 38 votes; 26 Democrats and 12 Re- ceedings on this question will be post- years, you wind up with $90 billion a publicans were willing to stand up and poned. year. That $90 billion a year is enough do this. It’s time for the big deal, and The point of no quorum is considered to run the Federal Government for 11 it’s time for leadership. withdrawn. days. f f The fiscal year around here ends on September 30. The President’s pro- RECESS PLEDGE OF ALLEGIANCE posal, in terms of sticking it to the The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Will the rich people, making them pay a little ant to clause 12(a) of rule I, the Chair gentleman from South Carolina (Mr. bit more, gets you from the end of the declares the House in recess until 2 WILSON) come forward and lead the fiscal year on September 30 to Colum- p.m. today. House in the Pledge of Allegiance. bus Day. Then what? It completely ig- Accordingly (at 12 o’clock and 31 Mr. WILSON of South Carolina led nores the fact that two-thirds of the minutes p.m.), the House stood in re- the Pledge of Allegiance as follows: Federal budget—the Federal budget is cess. I pledge allegiance to the Flag of the $3.6 trillion. f United States of America, and to the Repub- Two-thirds of the Federal budget is lic for which it stands, one nation under God, what is called the ‘‘middle class enti- b 1400 indivisible, with liberty and justice for all. tlements.’’ It’s Medicare, Medicaid, So- AFTER RECESS f cial Security, and the interest on the debt. Those checks go out automati- The recess having expired, the House TACKLING OUR OUT-OF-CONTROL cally. There is nothing that any Mem- was called to order by the Speaker pro SPENDING ber of Congress has to vote on, unless tempore (Mr. LATOURETTE) at 2 p.m. (Mr. WILSON of South Carolina you have a proposal, which Simpson- f asked and was given permission to ad- Bowles was and is. dress the House for 1 minute and to re- You may hear the ads playing on the PRAYER vise and extend his remarks.) radio from the Nation’s CEOs and oth- The Chaplain, the Reverend Patrick Mr. WILSON of South Carolina. Mr. ers saying, We can’t play small ball. J. Conroy, offered the following prayer: Speaker, on Sunday, the President and We’ve got to come up with a package Gracious God, we give You thanks for House Speaker BOEHNER met to discuss that actually heals the country. giving us another day. the impending fiscal cliff. The next

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.006 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6685 day, the President jetted off to Michi- ple. That is why the President went to b 1830 gan to campaign for tax increases, in- Michigan, to speak to working men and AFTER RECESS stead of staying in Washington to work women, to be able to reaffirm their on a possible plan. voices that were spoken so loudly on The recess having expired, the House With a national debt of over $16 tril- November 6. Let us have a tax cut that was called to order by the Speaker pro lion, Washington’s out-of-control will impact 98 percent of the American tempore (Mr. YODER) at 6 o’clock and spending is placing our national secu- people and businesses. And let us col- 30 minutes p.m. rity at risk. Clearly, spending is the laboratively work together for the f threat, with an increase of 93.5 percent steps going forward. over 10 years and revenues increased But let me be very clear. Having spo- REPORT ON RESOLUTION PRO- only 15.7 percent. Raising taxes on the ken to physicians yesterday in meet- VIDING FOR CONSIDERATION OF American economy will destroy jobs. ings in hospitals, you cannot raise the MOTIONS TO SUSPEND THE Reports have indicated that raising eligibility rate of Medicare recipients. RULES taxes on the top 2 percent will generate It just will not work. You cannot judge Mr. SESSIONS, from the Committee up to $80 billion a year. This amount of a person’s physical condition between on Rules, submitted a privileged report money covers less than 10 percent of 65 and 67. That is not the way to bal- (Rept. No. 112–700) on the resolution (H. our Nation’s annual deficits. It’s my ance the budget and reduce the deficit. Res. 827) providing for consideration of hope that the President will address We know that entitlements, Social Se- motions to suspend the rules, which the fiscal cliff to work with House Re- curity, is not the issue. Pass the tax was referred to the House Calendar and publicans to promote small business cuts on 98 percent, Mr. Speaker, and ordered to be printed. job growth. work collaboratively in 2013 to find a f In conclusion, God bless our troops, pathway forward to make this econ- and we will never forget September the omy the growing economy that it has THE JOURNAL 11th in the global war on terrorism. begun to be. I ask my colleagues, let’s The SPEAKER pro tempore. Pursu- f work together. ant to clause 8 of rule XX, the unfin- WORKING TOWARD BIPARTISAN f ished business is the question on agree- SOLUTIONS ing to the Speaker’s approval of the Journal, which the Chair will put de (Mr. DOLD asked and was given per- COMMUNICATION FROM THE novo. mission to address the House for 1 CLERK OF THE HOUSE The question is on the Speaker’s ap- minute and to revise and extend his re- The SPEAKER pro tempore laid be- proval of the Journal. marks.) fore the House the following commu- The question was taken; and the Mr. DOLD. Mr. Speaker, today I rise nication from the Clerk of the House of Speaker pro tempore announced that because the fiscal cliff is upon us. And Representatives: one thing that I know is clear in talk- the ayes appeared to have it. OFFICE OF THE CLERK, Mr. AUSTIN SCOTT of Georgia. Mr. ing to my constituents, time and time HOUSE OF REPRESENTATIVES, again, they’re looking for solutions to Washington, DC, December 11, 2012. Speaker, on that I demand the yeas the problems that we face. I believe Hon. JOHN A. BOEHNER, and nays. that the solutions that are out there The Speaker, U.S. Capitol, The yeas and nays were ordered. aren’t going to come from one party or House of Representatives, Washington, DC. The vote was taken by electronic de- DEAR MR. SPEAKER: Pursuant to the per- vice, and there were—yeas 272, nays the other party; they’re going to come mission granted in clause 2(h) of rule II of from us working together, forging a bi- 102, answered ‘‘present’’ 3, not voting the Rules of the U.S. House of Representa- 54, as follows: partisan solution to the problems that tives, the Clerk received the following mes- we face. And I hope that we can go big- sage from the Secretary of the Senate on De- [Roll No. 620] ger than what is simply asked of us. cember 11, 2012 at 11:08 a.m.: YEAS—272 Mr. Speaker, one of the great pleas- That the Senate passed without amend- Ackerman Carney Farr ures of being here is to be able to work ment H.R. 3187. Aderholt Carson (IN) Fattah with good friends, and I want to thank That the Senate agreed to S. Res. 612. Alexander Carter Fincher With best wishes, I am Amodei Cassidy Flake my good friend STEVE LATOURETTE for Sincerely, Austria Castor (FL) Fleischmann Bachus Chabot Fleming his leadership and JIM COOPER as well KAREN L. HAAS. for the thought of putting together the Barber Chaffetz Forbes Barletta Chu Fortenberry Cooper-LaTourette budget based on f Barrow Cicilline Franks (AZ) Simpson-Bowles, that talks about a so- Barton (TX) Clarke (MI) Frelinghuysen lution that really helps us get our enti- ANNOUNCEMENT BY THE SPEAKER Bass (NH) Clarke (NY) Fudge PRO TEMPORE Berg Clay Garamendi tlements under control, helps raise rev- Berkley Cleaver Gerlach enues, and puts a solution on the table. The SPEAKER pro tempore. Pursu- Berman Clyburn Goodlatte So today, I’m asking my colleagues ant to clause 4 of rule I, the following Biggert Coble Gowdy to join with me to try to make sure Bilirakis Cohen Granger enrolled bill was signed by the Speaker Bishop (GA) Cole Green, Al that together we put a bipartisan solu- on Friday, December 7, 2012: Bishop (UT) Conaway Grimm tion on the table. And I want to thank H.R. 6156, to authorize the extension Blackburn Connolly (VA) Guthrie my good friend, STEVE LATOURETTE, of nondiscriminatory treatment (nor- Blumenauer Cooper Hahn Bonamici Courtney Hall for his leadership, and JIM COOPER as mal trade relations treatment) to prod- Bonner Crenshaw Hanabusa well. ucts of the Russian Federation and Bono Mack Crowley Harper f Moldova and to require reports on the Boswell Cuellar Harris compliance of the Russian Federation Boustany Davis (CA) Hartzler LET’S WORK TOGETHER Brady (TX) Davis (IL) Hayworth with its obligations as a member of the Braley (IA) DeGette Heinrich (Ms. JACKSON LEE of Texas asked World Trade Organization, and for Brooks DeLauro Hensarling and was given permission to address other purposes. Broun (GA) DelBene Herger the House for 1 minute and to revise Brown (FL) Dent Higgins f Buchanan DesJarlais Himes and extend her remarks.) Bucshon Diaz-Balart Hinchey Ms. JACKSON LEE of Texas. I thank Buerkle Dingell Hinojosa the Speaker this afternoon, and I am RECESS Butterfield Doggett Hirono Calvert Dreier Hochul grateful for the words, the prayer that The SPEAKER pro tempore. Pursu- Camp Duncan (SC) Holt was offered about light, both of inspira- ant to clause 12(a) of rule I, the Chair Campbell Duncan (TN) Huelskamp tion and collaboration. declares the House in recess subject to Canseco Edwards Huizenga (MI) I think there are bipartisan voices the call of the Chair. Cantor Ellmers Hultgren Capito Emerson Hunter crying out for an acceptance of a tax Accordingly (at 2 o’clock and 8 min- Capps Engel Hurt cut on 98 percent of the American peo- utes p.m.), the House stood in recess. Carnahan Eshoo Israel

VerDate Mar 15 2010 01:14 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.008 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6686 CONGRESSIONAL RECORD — HOUSE December 11, 2012 Issa Meeks Scalise Graves (MO) McCarthy (NY) Schilling the Army’s first integrated band. He Jackson Lee Mica Schiff Griffin (AR) Miller (NC) Schock (TX) Michaud Schmidt Griffith (VA) Moran Simpson would later tour with black musicians Jenkins Miller (MI) Schwartz Grijalva Nunnelee Sires in the Jim Crow South during the Johnson (GA) Miller, Gary Schweikert Gutierrez Olver Stark height of the civil rights movement, Johnson, E. B. Murphy (CT) Scott (SC) Hastings (WA) Pastor (AZ) Tierney insisting on a mixed-race quartet and Johnson, Sam Murphy (PA) Scott (VA) Honda Paul Towns Jordan Myrick Scott, Austin Johnson (IL) Pitts Walsh (IL) integrated crowds. Because of this cou- Kaptur Nadler Scott, David Lewis (GA) Reyes Wilson (FL) rageous stand, 23 out of 25 of his shows Keating Napolitano Sensenbrenner Lipinski Ross (AR) Wolf were canceled one summer. Kelly Neugebauer Serrano Marchant Royce Woolsey Kildee Noem Sessions ‘‘Jazz is the voice of freedom,’’ he King (IA) Nunes Sherman b 1848 said. King (NY) Olson Shimkus Mr. MARKEY changed his vote from With suave sophistication, Brubeck Kingston Palazzo Shuster would become a leader in the West Kissell Payne Smith (NE) ‘‘yea’’ to ‘‘nay.’’ Kline Pearce Smith (NJ) Mr. HURT changed his vote from Coast cool jazz scene, putting Cali- Labrador Pelosi Smith (TX) ‘‘nay’’ to ‘‘yea.’’ fornia jazz on the map. Dave Brubeck Lamborn Pence Smith (WA) Mr. GOHMERT changed his vote performed before Presidents, Prime Lankford Perlmutter Southerland Ministers, Premiers, and pontiffs. He Larsen (WA) Petri Speier from ‘‘nay’’ to ‘‘present.’’ Larson (CT) Pingree (ME) Stearns So the Journal was approved. was named a Jazz Master by the Na- LaTourette Platts Stutzman The result of the vote was announced tional Endowment for the Arts, and he Latta Polis Sullivan was awarded the National Medal of the Levin Pompeo Thompson (PA) as above recorded. Lewis (CA) Posey Thornberry Arts. Lofgren, Zoe Price (NC) Tiberi f On a personal note, during the 16 Long Quigley Tonko IMMEDIATE RELEASE OF U.S. years I represented Stockton, Brubeck Lowey Rehberg Tsongas Lucas Richardson Turner (NY) MARINE JON HAMMAR often came there to help the University of the Pacific and many charities. Luetkemeyer Richmond Turner (OH) (Ms. ROS-LEHTINEN asked and was Luja´ n Rivera Upton Today, I hope everyone can Take given permission to address the House Lummis Roby Van Hollen Five to remember a remarkable Amer- Lungren, Daniel Roe (TN) Walden for 1 minute and to revise and extend ican: Dave Brubeck. E. Rogers (AL) Walz (MN) her remarks.) Mack Rogers (KY) Wasserman f Maloney Rogers (MI) Schultz Ms. ROS-LEHTINEN. Mr. Speaker, I Marino Rohrabacher Waters rise here to ask for the immediate re- b 1900 McCarthy (CA) Rokita Watt lease of U.S. Marine Jon Hammar, who McCaul Rooney Waxman has been unreasonably imprisoned by DENOUNCE CASTRO REGIME McClintock Ros-Lehtinen Webster McCollum Roskam Welch Mexican authorities since August, (Mr. RIVERA asked and was given McHenry Ross (FL) West where, for a time, he was actually permission to address the House for 1 McIntyre Rothman (NJ) Westmoreland being shackled to his bed. minute and to revise and extend his re- McKeon Roybal-Allard Whitfield McKinley Runyan Wilson (SC) Lance Corporal Hammar is an out- marks.) McMorris Ruppersberger Womack standing young American combat vet- Mr. RIVERA. Yesterday, December Rodgers Rush Yarmuth eran who clearly took every reasonable 10, marked the 60th anniversary of McNerney Ryan (WI) Young (FL) step to ensure that he was safely and International Human Rights Day. As Meehan Sanchez, Loretta Young (IN) legally transporting the antique fire- usual, the Castro dictatorship dem- NAYS—102 arm that he inherited from his great- onstrated its brutal nature. Cuban Adams Hastings (FL) Peterson grandfather. He spoke with our own state police violently arrested more Altmire Heck Poe (TX) Customs and Border Patrol agents, who than 100 dissidents and put another 100 Andrews Herrera Beutler Price (GA) assured him that he would be fine as to 150 under house arrest. Among those Baldwin Holden Quayle Bass (CA) Hoyer Rahall long as he registered it with Mexican detained were about 80 members of the Becerra Johnson (OH) Rangel authorities. Ladies in White organization, a human Benishek Jones Reed Once in Mexico, Jon attempted to rights organization that peacefully Bilbray Kind Reichert Bishop (NY) Kinzinger (IL) register his old-fashioned Sears and seeks change in Cuba. Many of them Renacci Brady (PA) Kucinich Ribble Roebuck shotgun and was immediately were arrested on their way to mass to Burgess Lance arrested as if he were a gunrunner. celebrate at our Lady of Charity Basil- Capuano Landry Rigell Coffman (CO) Langevin Ryan (OH) I am calling on our State Depart- ica in the eastern town of El Cobre. Costa Latham Sa´ nchez, Linda ment to act swiftly to get Jon released, About 45 Ladies in White were arrested Crawford Lee (CA) T. and I am calling on our Department of in Havana, following their traditional Sarbanes Critz LoBiondo Homeland Security to explain how Cummings Loebsack Schakowsky march outside the Santa Rita Church Curson (MI) Lynch Schrader their agents could have given Jon this after Sunday mass. Thirty-four Ladies DeFazio Manzullo Sewell wrong instruction. in White were detained with violence Denham Markey Shuler Jon has suffered enough. Let’s bring as they tried to make their way to Dold Massie Slaughter him home to his family, where he Donnelly (IN) Matheson Stivers church. Doyle Matsui Sutton rightly belongs, in time for Christmas. Mr. Speaker, once again, I call on Duffy McDermott Terry f President Obama, the Obama adminis- Farenthold McGovern Thompson (CA) tration, and the international commu- Fitzpatrick Miller (FL) Thompson (MS) CELEBRATING THE LIFE OF DAVE Foxx nity to denounce and condemn the ter- Miller, George Tipton Gardner Moore BRUBECK Vela´ zquez rorist Castro dictatorship’s human Garrett Mulvaney Visclosky (Mr. GARAMENDI asked and was rights abuses and continue to push for Gibbs Neal Gibson Nugent Walberg given permission to address the House democratic change on that imprisoned Graves (GA) Pallone Wittman for 1 minute and to revise and extend island nation. Green, Gene Pascrell Woodall his remarks.) Guinta Paulsen Yoder f Hanna Peters Young (AK) Mr. GARAMENDI. Mr. Speaker, I come to the House floor to celebrate RIGHT-TO-WORK IS WRONG FOR ANSWERED ‘‘PRESENT’’—3 the life of one of California’s greatest WORKERS Amash Gohmert Owens native sons, the of Jazz, (Mr. CLARKE of Michigan asked and NOT VOTING—54 Dave Brubeck. The man behind the im- was given permission to address the Akin Chandler Ellison mortal classics like ‘‘Take Five’’ and House for 1 minute and to revise and Baca Conyers Flores ‘‘Blue Rondo a la Turk’’ was born in extend his remarks.) Bachmann Costello Frank (MA) Concord, California, a city I’m proud to Mr. CLARKE of Michigan. Many dec- Bartlett Cravaack Gallegly represent. ades ago, my father came to this coun- Black Culberson Gingrey (GA) Boren Deutch Gonzalez Drafted to serve in General Patton’s try, like many other immigrants, to Burton (IN) Dicks Gosar Army during World War II, he formed seek the American Dream. He got a job

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A11DE7.003 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6687 in the auto factory—a job that exposed Mr. STIVERS. I would like to thank ship of the class, to be the president of him to toxins that ultimately killed the gentleman for yielding. the class. I worked hard as his cam- him. My father died when I was 8 years I would like to say a few things about paign manager. He got elected class old. our five departing colleagues, who have president that year, and he went on to Today, the Michigan legislature ap- given great service to our country. I give great service to this class in Con- proved right-to-work legislation, in- want to thank them on behalf of the gress. He’s also been a leader on the tending to roll back the clock on our people of the 15th District for their in- Appropriations Committee for these 2 labor laws. We can cannot allow this to credible service and talk a little bit years. happen. Right-to-work is wrong for about each one. I’ve seen him work on some tough workers, and it must be stopped. I’ll start with Congressman STEVE issues in the State senate, and I know LATOURETTE, whose service in Congress he’s got great things in his future. I’m f has really been incredible, and he’s certainly sorry to see him retire. I’m WE GOT HERE BY SPENDING TOO been a role model for many of us who proud of his service, and I’m happy to MUCH, NOT TAXING TOO LITTLE are younger. He’s been a great mentor. call him a friend. I’m looking forward (Mr. POE of Texas asked and was He’s not afraid to stand up for what he to what is next in his life. And I know given permission to address the House believes in. He knows that we’ve got to he’s going to do great things. Also, our Members from the other for 1 minute.) work together as Republicans and side of the aisle. Congresswoman SUT- Mr. POE of Texas. Mr. Speaker, ‘‘The Democrats to solve our Nation’s prob- TON and Congressman KUCINICH have last thing you want to do is to raise lems. He’s an illustration of what a really worked hard, and I appreciate all taxes in the middle of a recession be- good Member of Congress should be— their work and efforts. DENNIS KUCI- cause that would put businesses in a someone who’s always thinking about NICH is really a man who sticks up for further hole.’’ That was President their constituents. STEVE LATOURETTE had been a main- his principles. I certainly respect him Obama in 2009. But that was then and for that. He’s willing to stand up for this is now. President Obama now says stay of Congress, and it won’t be the same here without him, especially on what he believes is right when nobody he wants to save us all by raising taxes in this institution will. I really respect on a few Americans. But the idea is transportation issues. I’d like to just thank him for his support, as I had a him for that. He’s also become a good flawed. One, the plan only funds the friend. He’s a really nice fellow. I want government for a few days. Then transportation bill earlier in this Con- gress. He was very helpful. I had a plan to thank him for his service and wish what’s the plan, Mr. President? Two, him great luck in his future. according to the Senate Budget Com- to try to fund transportation projects differently, and he sat down with me Congresswoman BETTY SUTTON, I mittee, 75 percent of the new taxes will really appreciate her service back to go towards spending, not deficit reduc- and worked me through the process and helped me sit down with the folks her time on the city council and the tion. Summit County Council and the State This plan won’t work to solve our at the Congressional Budget Office and folks in leadership to sell my idea. legislature. She’s advocated for her economic woes. The problem is the gov- constituents. I just want to thank her ernment just spends too much. Where’s That bill passed the House with bipar- tisan support, with 20 Democrats vot- for her service. the plan to cut spending? There isn’t I think it’s important that we as Re- one. We got here by spending too much, ing for it and a lot of Republicans vot- ing for it. I know I couldn’t have got- publicans and Democrats work to- not taxing too little. After all, ‘‘the gether on the issues that are facing our last thing you do in a recession is raise ten that done without Congressman LATOURETTE. I’m sorry to see him re- country, and I want to thank these taxes’’—quoting the President. Members for their service to our coun- And that’s just the way it is. tire. But he’s leaving behind a legacy of outstanding service, and he’s been try and thank them for everything that f an incredible Member of Congress, and they’ve done for the people of Ohio. I know there are great things in his fu- And as a grateful coworker, I want to RECOGNIZING DEPARTING MEM- say: job well done. BERS OF THE OHIO DELEGATION ture. The gentlelady to my left, Congress- b 1910 The SPEAKER pro tempore (Mr. woman SCHMIDT, I grew up in her dis- KINZINGER). Under the Speaker’s an- Mr. TIBERI. Mr. Speaker, it is indeed trict. My family lives in her district, a privilege to recognize one of the more nounced policy of January 5, 2011, the and they really appreciate her hard gentleman from Ohio (Mr. TIBERI) is famous members of our delegation be- work and constituent service. She’s a cause he is the Speaker of the House. recognized for 60 minutes as the des- runner. She runs marathons in her ignee of the majority leader. Our leader, Mr. BOEHNER, is recognized. spare time, but she runs her office like Mr. BOEHNER. Let me thank my GENERAL LEAVE a marathon. She’s always working for colleague for yielding. Mr. TIBERI. I ask unanimous con- the people of her district, the Second I have proudly represented the people sent that all Members have 5 legisla- District. It’s been incredible just to of the Eighth Congressional District of tive days in which to revise and extend watch her advocacy for important Ohio now for 22 years. During that their remarks and insert extraneous things in all of her district. We share time, our State delegation has had a materials for the RECORD on the topic some territory down in southern Ohio long line of great leaders and great leg- of the Special Order. now. She’s been a leader on the ura- islators here in the Congress. The SPEAKER pro tempore. Is there nium enrichment plant in Piketon and Tonight, I want to recognize the ca- objection to the request of the gen- what it can do for our country, for reers and the service of five departing tleman from Ohio? safety in our nuclear arsenal, and for members from the Ohio delegation, There was no objection. what it can do as an economic driver in each of whom in their own way exem- Mr. TIBERI. Mr. Speaker, tonight, southern Ohio. On behalf of the people plify the type of leadership for which we from Ohio would like to recognize of southern and central Ohio, I want to our great State has long been known. and thank for their service five depart- thank the gentlelady for her work on Congressman KUCINICH has been a ing Members from the Ohio delegation. that. She’s left a legacy that’s really passionate advocate for his commu- Congressmen , DENNIS going to make a difference in the fu- nity. While we haven’t always agreed, I KUCINICH, STEVE LATOURETTE, JEAN ture. respect his courage, his passion, and SCHMIDT, and BETTY SUTTON will end The Congressman from the Seventh his commitment to his constituents. their service with us at the end of this District, Congressman AUSTRIA, and I Congressman STEVE AUSTRIA has year. Over the next hour we would like served as State senators together. He worked tirelessly on military and vet- to, as Republicans and Democrats, got up here a couple of years before I erans issues that are so important to thank them for their service. did in 2008, back when my race was still the people we both serve. Steve, for I would first like to recognize my col- in a recount. We came up to orienta- your efforts on behalf of Wright- league from central Ohio, Congressman tion together, and he showed a willing- Paterson Air Force Base, the commu- , for his remarks. ness and an interest to run for leader- nity, and the people of southwest Ohio,

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.015 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6688 CONGRESSIONAL RECORD — HOUSE December 11, 2012 you deserve a great deal of thanks and and yet I tell people that we’re good returning for his second term from applause for your work. friends. northeast Ohio, Mr. . Congresswoman blazed Here is a guy who truly comes to this Mr. RENACCI. I want to thank my the trail as the first woman elected to process with this idea: get your best colleague for yielding time. represent her southern Ohio district. hole, take your best shot, fight for the As a Representative of the 16th Dis- She has served in this Chamber with a things you believe in. That’s the way trict of Ohio, I really want to thank deep commitment to her principles and this process should work; that’s how each one of the departing Members for her faith, and I wish her the very best Representatives should behave; and their service to not only the State of of luck. DENNIS has done that just as good as Ohio, but our country. Congresswoman BETTY SUTTON sits anybody, and I respect that tremen- First, STEVE AUSTRIA, he has become on the other side of the aisle, but we’ve dously. a friend. As a new Member getting to always been able to disagree without So we’re losing five wonderful people, know the House of Representatives, being disagreeable. Like me, she served but they’re going to continue to do STEVE has become a good friend, a tire- in the Ohio House before serving our great things for our State and continue less advocate for Ohio and his district, State here in the Congress. I respect in some form of public service, I’m but even more important, an advocate her for her straightforward nature and sure. So I just want to say thank you for Wright-Paterson Air Force Base willingness to fight for her priorities and best of luck. during the BRAC process. He also and those of her constituents. Mr. TIBERI. The next gentleman is fought to keep KC–135s at Ricken- Finally, my friend and close col- not a member of the Ohio delegation, backer Air and National Guard Base league, STEVE LATOURETTE. Now, Steve but an honorary member of the Ohio and the C–27Js at the ANG base in and I have known each other for a long delegation. I certainly enjoy working Mansfield. That’s not just important time. Steve, you’ve always done things with him on the Ways and Means Com- for Ohio, but also for national security. your way; you’re truly one of a kind. It mittee; he’s a delightful man to work I want to thank him for his service, really is not going to be the same with. The former chairman of the Ways and best of luck. and Means Committee, Mr. RANGEL, is around here without my good friend, The next individual, DENNIS KUCI- recognized. STEVE LATOURETTE, but our friendship NICH. DENNIS has been a true steward (Mr. RANGEL asked and was given will continue; and I’m grateful for the for northeast Ohio. While we don’t permission to revise and extend his re- relationship that we’ve had. agree on some of the issues, I have al- Each of these Representatives fo- marks.) Mr. RANGEL. Well, I thank you for ways considered DENNIS a very close cused on different issues and led in this opportunity. It’s always difficult friend. He has often offered to help me their own way, but what they all have when Members’ political careers are in- over the past 2 years when it comes to in common is a love for Ohio and an terrupted. We’re going to miss BETTY northeast Ohio. I have genuinely en- unwavering dedication to their con- SUTTON on our side, and of course we’re joyed our discussions, many times stituents. So I’m honored to have going to miss Mr. KUCINICH for all the traveling back and forth from Wash- worked with each of you, and on behalf great work he’s done. ington, D.C., to . I will miss of the people of our beloved State, I I remember, Congressman LATOU- serving with DENNIS and wish him the want to thank you for your service. RETTE, when your former Member, Lou best of luck going forward. Mr. TIBERI. I would now like to rec- Stokes, was on the floor and he dem- Congresswoman SCHMIDT also, when I ognize the gentleman from Urbana, onstrated his friendship in a way that got here 2 years ago, was someone who Ohio (Mr. JORDAN). certainly most Members on both sides I knew that I could turn to. She’s been Mr. JORDAN. I thank the gentleman will never forget. And Mr. AUSTRIA is a great leader for her district and for yielding. I thank him for putting leaving. someone who has really stepped up this hour together where we can recog- One of the main reasons why I did when it comes to energy issues in the nize five outstanding Buckeyes for come to the floor is because of JEAN Ohio delegation, specifically on re-en- their service to their districts and to SCHMIDT. When I first heard that she riching uranium. Our Navy relies on our great State. was defeated, they told me that her op- uranium, and JEAN made it a point to I want to start first with the two ponent had said that I endorsed her and fight for a domestic source of materials gentleladies—truly gentleladies, poise that’s the reason she lost the race. So that power our aircraft carriers and and grace and passion that they bring I wanted to make it abundantly clear submarines. Without a faithful and re- to this process. I have appreciated that while I did not endorse her politi- liable source of fuel, the Navy would that. I have appreciated BETTY’s tire- cally, I certainly would have said what not be able to fully protect the Amer- less advocacy for the families that she a nice lady she has been in being kind ican homeland or protect power represents in her district. For JEANNIE and gentle and Republican at the same abroad. But not only that, JEAN has and her unbelievable commitment to time, and I thought that was quite an been a voice of fiscal responsibility the sanctity of human life, I respect achievement. during her time in Congress, and I wish that tremendously and appreciate that. Ms. SCHMIDT has managed to disagree her the best going forward. That’s going to be missed around these with so many of the differences we My colleague, BETTY SUTTON. I want Halls. have in policy; and yet the first thing to thank BETTY SUTTON for her service Then to the two Steves. STEVE AUS- that you would ever see on her face is to Ohio and our Nation. TRIA, I had the privilege of serving with a smile, asking you how you are feeling b 1920 him in the State senate, outstanding and having a genuine concern about American. He’s done a great job rep- that. I personally will miss you and Over the last year, we had a hard- resenting his district. And then of miss the greetings that we had for each fought and extremely competitive cam- course STEVE LATOURETTE as well. As I other and sharing each other’s family paign. Throughout it, she maintained a like to call them ‘‘Stevie Wonder Aus- experiences. It’s really a classic exam- level of professionalism and integrity tria,’’ ‘‘Stevie Wonder LaTourette,’’ ple in showing what this great body not often seen in American politics. I both great guys who have served their used to be and what it can become want to thank her for her service, and districts with the kind of commitment when people can just take a few min- I wish her the best of luck with her fu- that you want in a Representative. utes and realize that we may all come ture endeavors. Then, finally, my good friend—we use from different political philosophies, Last, but not least, my friend, STEVE that term a lot around here, but in this but we are still the brothers and sisters LATOURETTE, has been a friend, a situation it’s actually true. DENNIS and children of God. guide, a trusted confidante and some- KUCINICH is a good friend. We have had I also want to thank Judge FUDGE for one whom I have looked to as a men- the privilege of working on a sub- giving me this great opportunity in tor. He and I both strongly supported a committee together. I’ve said this back speaking with her great Buckeye dele- couple of issues: development of fuel home in our district—it’s no secret gation. Thank you so much. cell technology through the Solid that I’m a pretty conservative guy and Mr. TIBERI. I would now like to rec- State Energy Conversion Alliance pro- DENNIS is not a very conservative guy, ognize one of our new Members who is gram. This technology will increase

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.017 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6689 the efficient use of our Nation’s nat- was first elected in 2005 and has been whether it was on Wright Pat, whether ural resources, reduce dependence on an absolutely totally dedicated Rep- it was on the concerns of central Ohio, foreign oil, and enhance energy secu- resentative to her district, to our such a gentleman, so strong and rity. I will miss working alongside him State, and to the country. I have ad- steady, such a voice for his constitu- on this issue. mired her dedication and her ability to ents over the last 4 years that he has He has always been available if need- reach across the aisle. I have admired served. I wish that he could have ed for advice or even as a sounding very much her work on new energy sys- served longer. I have enjoyed the op- board. His answers have always rep- tems in all sectors, not picking any fa- portunities I’ve had to work with him, resented what he believes to be best for vorites necessarily, but trying to help though not always on shared commit- me, regardless of his own position on America meet its chief strategic vul- tees. an issue. For that, I was really appre- nerability, and that is our continued I just want to thank Congressman ciative. And the rest of Congress are reliance on imported sources of energy. TIBERI for bringing us together tonight really, we are losing an intelligent, I know how hard she has fought for our to pay tribute to all of these great thoughtful, and highly motivated pub- troops, both here as a Member and Ohioans—BETTY SUTTON, JEAN lic servant, one who always puts his back home, always recognizing their SCHMIDT, DENNIS KUCINICH, STEVE AUS- constituents first. contributions to our country. TRIA, and STEVE LATOURETTE—all of While it will be sad to see him go, I And I will miss her. I will miss seeing whom have made enormous contribu- wish him luck in his future endeavors. her, I will miss working with her, and tions to our State, and I thank you for I obviously wish her, on behalf of our I truly thank him sincerely for his 18 allowing me to add my words of appre- side of the delegation, the very best years of service to Ohio and America. ciation to all of you. that life can offer and a very beautiful Mr. TIBERI. It’s a real pleasure to Mr. TIBERI. I would like to recognize holiday season. I know we have not recognize the dean of our delegation, the gentleman who represents the dis- heard the last of JEAN SCHMIDT. I know the pride of Toledo, Ms. MARCY KAP- trict that borders Pennsylvania, West TUR. that she has much more to give. , and Kentucky from north- Ms. KAPTUR. I thank you very To my colleague, DENNIS KUCINICH western Ohio to southern Ohio, the much, Congressman TIBERI, for spear- from Cleveland, we certainly admire heading this Special Order to honor his passion and conviction on issues. gentleman from Marietta, BILL JOHN- those in our delegation who have One doesn’t doubt where he stands SON, a new Member of our Congress served with us so honorably these when DENNIS takes a position. He be- who just got reelected to a second many years. lieves in it, and he believes in the peo- term. I was reflecting and listening to our ple he represents, and they surely need Mr. JOHNSON of Ohio. I thank you colleagues that, with the departure of voice. He has never lost focus on that for yielding. these wonderful, wonderful Americans during his tenure, and I know that all As a fledgling new Member of Con- who call Ohio their home, Ohio will of us will be watching as he makes his gress in January of 2011, I realized lose over a half a century of seniority way forward. I know that he will be ac- right away that I had an awful lot to as they move on to other pursuits. On tive in the political realm as he so learn. And so many of our Ohio delega- top of the seniority that was lost when chooses. And we thank him for his tion reached out to me and gave me an retired and great service to the State of Ohio as a arm around the shoulder, a nudge on and Lou Stokes, we really have a re- Member of Congress, but before that, the arm saying, Hey, we can work building job to do in Ohio to gain foot- as well, in service to the State legisla- these things out; just hang in there. ing here and to make sure that the ture and as mayor of Cleveland. He has I’ve gotten to know each of our five de- needs of Ohio are met. So as these very had a very illustrious career and many, parting Members from the Ohio delega- able Ohioans leave, they take with many accomplishments to show for tion in their own unique way. them great knowledge and great dex- that service. I remember very early on leading up terity in this institution, but we have I want to say to STEVE LATOURETTE a to the 2010 election coming to Wash- to be conscious of our added respon- personal thank-you for the years that ington to meet with some folks, and it sibilities as they leave. we’ve served together, but also for our was the first time that I met with JEAN I want to say to my two sisters, to work on the Appropriations Com- SCHMIDT. JEAN graciously invited me BETTY SUTTON, who has been a true mittee, the full committee, as well as into her office. We sat down. We talked champion on the middle class during the subcommittee that we share, about issues that are important to the her 6 years of service here, without Transportation, Housing and Urban De- people of her district. Her district bor- question her voice has been heard and velopment. Our part of Ohio, in fact all ders my district, and we have a lot of will be heard again. She has dedicated of Ohio, which has more urban areas common interests about that. We sat her life to public service and the bet- than any other State in the Union, for an hour or more, and she gave me terment of the lives of Ohioans and all needs the attention of this committee, great insight into the kind of work Americans. And what makes her serv- and STEVE completely dedicated him- that I would be doing, and I’m so ap- ice particularly poignant, I think, she self to that so honorably. He’s been a preciative of that. is a very highly educated woman, but commonsense Congressman and an able b 1930 she is very, very proud of her working- partner on the many issues that we’re class roots, her blue-collar roots, and it able to work on together. We fought After coming to Washington and be- is not surprising that she was a tireless against bank bonuses after Wall Street ginning to sit on the Foreign Affairs advocate for working men and women collapsed. We worked together to save Committee, I sat right next to JEAN. I in her service here. the auto industry to ensure that auto saw her passion for fiscal issues, spend- The Cash for Clunkers legislation dealers got a fair deal, saving thou- ing, issues around the sanctity of that gave our economy a much-needed sands of jobs, and to make sure, in the human life, around human rights. I saw shot in the arm was championed by end, Ohio got her fair share. how she went about the business of not her. And at every turn, she fought for I will hope that his work in the fu- only representing the people of her dis- her convictions that everyone should ture will allow him to be a champion trict, but representing the values that have access to work, to health care, for the greater Cleveland area and Americans stand for. To Congress- that we had to grow our economy and northeastern Ohio, but for our whole woman SCHMIDT, I just want to say: create jobs so the middle class could be State because of his great acumen and JEAN, it has been a pleasure working strengthened and those who want to his abilities to work with people of all with you. I agree that we haven’t seen get into it would have that ladder of persuasions. I know how and the last of you. I’ve enjoyed spending opportunity up. She always kept our the entire Great Lakes system has ben- our days at the Bible study on Thurs- Nation’s servicemen and -women pre- efited from his years of service, and we day mornings, and I wish you the very eminent in her mind. I can tell you, I have to pick up that mantle and carry best in your future endeavors. I look will miss her so very, very much. it forward for him. forward to seeing you often. Congresswoman JEAN SCHMIDT, who Finally, for STEVE AUSTRIA, what a To STEVE AUSTRIA, STEVE is another I’m glad is on the floor with us tonight, joy to work with STEVE AUSTRIA, one that reached out. As a 261⁄2-year

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.019 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6690 CONGRESSIONAL RECORD — HOUSE December 11, 2012 veteran of the Air Force, Wright- here on the floor. He’s so very well re- successful program. BETTY has been Paterson Air Force Base—it is impor- spected. One thing I admire most about unwavering in her support of America’s tant to the State of Ohio, that is true— STEVE is it’s so obvious that he is so re- veterans of all generations. Notably, but it’s important to the Air Force and spected by both sides of the aisle. she always found time in her schedule it’s important to our Nation. And I’ve That’s a lesson that I think many of us to greet World War II veterans from appreciated the work that STEVE has could learn and take home. I can as- Ohio visiting our Nation’s Capital. done there. STEVE might not realize sure you that STEVE LATOURETTE is BETTY’s congressional service to Ohio this, but he trained many of the staff going to be missed. and the Nation will be missed. that I have today. I’m very pleased I wish all of our departing Members with the staff that I have here in Wash- from Ohio Godspeed, many blessings, STEVE LATOURETTE. July 30, 2012, was ington. Many of those that serve with and I’ve enjoyed serving with each and not only a sad day for the State of Ohio me today serving the Sixth District of every one of you. and the Ohio delegation, but it was a Ohio came through STEVE AUSTRIA’s of- Mr. TIBERI. Thank you. sad day for all reasonable, level-headed fice where they learned and where they It’s a real pleasure to recognize the Americans. July 30 marked the day saw the value of hard work in STEVE gentlelady who represents the bulk of that STEVE LATOURETTE, my good AUSTRIA. I appreciate so much what Cleveland and Cuyahoga County, soon friend, announced his retirement from STEVE has done for our delegation. Akron and some of Summit County, as Congress. STEVE is and always will be a To DENNIS KUCINICH, I had seen DEN- well, Congresswoman , a champion for all of northeast Ohio. The NIS many times on television prior to neighbor to Mr. LATOURETTE and Mr. impact he made on his district and the being elected myself. I have seen the KUCINICH. State cannot be disputed. He is hard- interviews. DENNIS was a known leader Ms. FUDGE. Thank you very much. working and easy to work with. STEVE and political figure in the State of I rise to pay tribute today to my is a master of bipartisanship. He wrote Ohio. People told me early on that you faithful Ohio colleagues who will be the book on working across the aisle. don’t have to agree with everything leaving our ranks at the end of this He and I recently introduced the Re- that DENNIS says, but one thing you Congress. Three of them represent dis- store Our Neighborhoods Act, and we will find out about DENNIS is that he tricts that border mine, and all will be are working together to ensure this bill loves the people that he represents and missed by our delegation. is included in an end-of-the-year bill. he represents them well. You can learn At the beginning of 2011, I pulled to- We need more Members of Congress a lot from DENNIS KUCINICH about con- gether a long list, with my friend Mr. like STEVE. He is one of the few Mem- stituent services. RENACCI, of our delegation for dinner. bers I could always rely on to be objec- In the days since I’ve been here, one This experience showed everyone who tive. He was one of only seven House thing I’ve learned about DENNIS as well attended that we can work and play to- Republicans to vote against defunding is that he is always a gentleman. No gether, despite our party affiliations. NPR. He was only one of two House Re- matter what the issue, no matter what This isn’t true of all delegations. Sim- publicans who voted against holding the crisis of the moment might be, ply put, it is because of the people who Attorney General in con- DENNIS would remain calm and would make up the Ohio delegation. Those de- tempt of Congress. Words cannot begin remain poised in the conversations parting will be deeply missed. I will to describe the void STEVE’s departure miss their collective experience, their that we’ve had, even though not nec- will create. We’re going to miss him. essarily agreeing on the issues, but cer- outstanding wit, and unrivaled passion tainly raising very valid points and in serving the people of Ohio. Their de- JEAN SCHMIDT. I know Congress- doing so in a manner that befits the of- parture will truly be a loss to the re- woman SCHMIDT is exceptional. To be fice. I want to thank DENNIS for that. gion, our State, and the Nation. the first woman elected to represent To Congresswoman BETTY SUTTON, I DENNIS KUCINICH is one of the most southern Ohio in Congress is quite a did not get a chance to work with enduring public servants in Cleveland feat; and to be a grandmother and still BETTY that often. We traveled back history. From city council to what we run marathons is something that I and forth on the same flights every used to call ‘‘boy mayor,’’ to a Member don’t know that anyone else could do. now and then to Ohio. We served on the of Congress, DENNIS has represented Natural Resources Committee to- the city of Cleveland and its citizens b 1940 gether, but not on the same sub- with undeniable zeal and passion. First committee. So I did not get a chance to elected to Congress in 1996, DENNIS Although we have not always agreed spend an awful lot of time with BETTY. KUCINICH is the kind of fighter you on policy, we can agree on the impor- But like so many of the other com- want on your team, be it fighting for tance of promoting female athletes and ments that you’ve heard, she rep- labor rights or against the wars in Iraq women in general, and we agree on resented her district well. She did it in and Afghanistan. He left his mark for family values. JEAN understands the a very professional manner. I want to being fiery, outspoken, and incorrupt- importance of representing all of the thank her for her many years of serv- ible, and the city of Cleveland loves people and all of the parts of her dis- ice. him for it. DENNIS was proud to cham- trict. We will miss her kindness and STEVE LATOURETTE, what can you pion liberal causes even when being lib- her sincerity. really say about STEVE LATOURETTE? I eral wasn’t popular. He is bright and Good luck, my friend. never once went to STEVE and asked unflappable in his convictions, traits him a question and he said, Hey, can that earned him admiration from citi- And STEVE AUSTRIA, he is one of the you come back and see me later? I zens throughout the Nation. Congress five that I did not get an opportunity don’t have time. He was always willing will not be the same without him. to know very well, but I have watched to stop what he was doing and say, BETTY SUTTON is a leader who has him. He has an impressive track What can I do to help? What do you and will undoubtedly continue to make record. He served both in the State need to talk about? No matter what a difference in northeast Ohio. She ran house and the senate, serving as the the issue, you could always count on for city council during her first year of majority whip in the senate. He was STEVE LATOURETTE being a voice of law school and won. She is the young- the first first-generation Filipino to reason. I had, from time to time est woman to ever serve in the Ohio become a Congressman. STEVE quickly throughout my Air Force career, those State House. She fought hard for the shot up the ranks to serve on the Ap- rare leaders who could see beneath the middle class by representing unions propriations Committee and helped fog and the friction of the battle to see and their members as a labor attorney. bring much-needed funding to the clearly what the issues were. STEVE BETTY played a critical role in the pas- State of Ohio and to our military in- LATOURETTE possesses that ability. He sage of the Nation’s health care reform stallments. He is a principled man, de- took me under his wing. He shared bill. She championed the Cash for ciding not to run for a third term be- with me his wealth of knowledge about Clunkers program, helping thousands cause he did not want to leave his Bea- the legislative process, helped guide me of Americans afford new cars and help- ver Creek home of 20 years as a result through some really difficult issues ing to revive the economy with this of redistricting.

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.021 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6691 As I have watched him, I know him and grandchildren to live. I think if he nated because of redistricting in Ohio; to be a gentleman. I can tell by a per- were alive today—and I’m sure he’s but it’s a district with great history son’s demeanor what kind of person he looking down from heaven some- and one with great integrity, and it has is, and he always carries himself with where—he’d be very proud of his oldest had great leaders. It has been rep- dignity and respect. son, who, to my knowledge, is the first resented by leaders such as Congress- I am sorry that I did not get an op- first-generation Filipino American to man Dave Hobson, known as ‘‘Uncle portunity to know you better. serve in the . Dave’’ here on the Hill and back home I will close by saying that this House I am proud to be part of the Asian for the great work he has done in is better and stronger because all of American community. This has been a Washington and throughout the State you served here. job for the past 14 years, in having of Ohio; by former Senator and now At- Mr. TIBERI. It is a real pleasure to served in the State legislature for 10 torney General Mike DeWine, a per- introduce the gentleman of whom you years and now in Congress for 4 years, sonal friend who continues to lead our were just speaking, Congresswoman that I have taken very seriously. I’ve great State of Ohio; Congressman Bud FUDGE, one of the five Members who tried to give it my all—100 percent— Brown and Joyce Brown and his father, will not be back with us next year, Mr. and have dedicated my life to it. I want Clarence Brown, who also served in the STEVE AUSTRIA, who I had the pleasure to thank my family for all of the sac- United States Congress. The list goes of having a district next to. rifices that they have made to allow on and on. To follow these great lead- Mr. AUSTRIA. I thank the gen- me to be the best Congressman that I ers and to have the opportunity to tleman. could be. serve behind my mentors has been a I want to first thank the Ohio delega- Many Members of Congress have fam- great honor. tion for taking time this evening to ily members back home who are mak- When I’m here in Washington, I often recognize the departing members of the ing tremendous sacrifices, and I thank walk through the Halls of the Capitol Ohio delegation; and to those Members you for those sacrifices to allow the at night when there are very few people on both sides of the aisle who have sup- Members of Congress to serve our gov- around. I can tell you the history, the ported me and helped me throughout ernment. tradition, the integrity of this Capitol my 4 years of Congress, I thank you. I also must recognize and thank my is still there, and it speaks to you at To those departing Members, for staff. You see, when I started my serv- night. Often as I walk through the your service and your commitment to ice in Congress, I was very blessed with Halls of the Capitol or am traveling the Buckeye State, you will be missed. a great staff that I inherited from my throughout the district, folks will You’ve done a great job. I’ve had the predecessor, Congressman Dave Hob- come up to me and remind me that, distinct opportunity to work with son. Most have gone on to bigger and when one door closes, another opens many of you in the State legislature as better things, but I am also blessed to and that God has a plan for all of us. well as in Congress, and I thank you end my service here with a very dedi- So as I begin the next chapter of my for your service, and I especially thank cated and committed staff who are life with my wife of 26 years, Eileen, those Members who have given me ad- dedicated to helping our constituents and our three boys—Brian, Kevin, and vice and helped me and supported me back in our district—whether they be Eric—I will take this great experience, through this last year. veterans, whether they be seniors, the knowledge, and the memories here As the Members who are here on the whether they be hardworking Ameri- in Congress with me into the future. I floor today know, as well as many of cans—and having a positive impact on always will remember the advice my the folks back in Ohio, the Seventh their lives. There is a loyalty that this father gave to me when I ran for my Congressional District that I represent staff has given to our district. It is a first office nearly 25 years ago—a local was eliminated with redistricting. This very committed staff both in D.C. and precinct, a county central committee— has been a tough year. To those Mem- back in the district; and most of the which is: always do the right thing. To the new Members who are here, I bers who have given me advice, encour- staff, actually, have stayed with me would encourage you to continue to do agement, and sometimes just that pat until the very end. on the back to keep going through the right thing. To our staff, to our team, you are the And to our members of the Ohio dele- these challenging times, I thank you best. gation, never forget our men and for that, and your friendship will al- To the freshman class of the 111th women who are serving in our military ways be remembered. Congress that I came in with—in par- and our veterans and the sacrifices It is truly an honor and a privilege to ticular, our Republican members of the that they are making and continue to serve in Congress and to represent the freshman class—I want to thank you make for our country and for our free- eight counties and the residents of for your service and the friendships and doms. those eight counties that I represent in the support that we’ve had throughout May God bless this great country. It the Seventh Congressional District; to the years. has been a privilege to serve you in be blessed with a family and friends I came in in 2008. It was a tough year Congress. Thank you. and a great staff who have supported for Republicans, and I was the only Re- Mr. TIBERI. Thank you, STEVE AUS- and stayed with me during this past publican in Ohio to win an open seat. TRIA. It has been a real pleasure work- year; and to serve in this fine institu- Then, in 2010, my colleagues on the ing with you. tion with so many good people—and other side of the aisle experienced, I I got to know STEVE when he came to there are good people here in Congress. think, the same thing. We had a small the Ohio legislature, actually. I was in I will miss serving in Congress, but the Republican class that came in—22 the Ohio House, and he soon left and friendships that I have made here in members. It was a very talented class, went to the , and then re- Washington and throughout my dis- a class that showed great leadership joined us here in 2008. We always used trict will be forever. and was very vibrant, and I believe to joke around that STEVE AUSTRIA was It was my father who first introduced that they will be part of the future of going to be a heck of a lot less mainte- me to politics and government. My fa- this Congress as far as leadership. It nance than Dave Hobson, his prede- ther came to this country from the was a great honor to be elected by my cessor; and he certainly was. Philippines, and he came here to live Republican peers and my freshman We’ve enjoyed working with you. the American Dream. He became a class as our class President. The fresh- You’ve been a great member of the Ap- legal citizen, and he was so proud of man class of the 111th Congress was a propriations Committee. You have con- that. He met my mother. They got special group of friends on both sides of tinued to serve the people of Ohio well. married. They raised a family—nine the aisle that will be remembered for- You had a great career in the Ohio Sen- kids and now 28 grandkids. God bless ever. ate, and you helped pass some pretty my mother who is still alive. He start- Finally, Mr. Speaker, I want to pay critical legislation, including the ed his own business. He always gave tribute to Ohio’s Seventh Congres- Adam Walsh Child Protection and back to his community, and he always sional District, which I’ve had the Safety Act. So we wish you well. We believed in making this place he called honor to represent for the last 4 years. wish you and Eileen and your three ‘‘home’’ a better place for his children As I mentioned, this district was elimi- boys much success in the future.

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.023 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6692 CONGRESSIONAL RECORD — HOUSE December 11, 2012 It is a real pleasure to introduce an- other issues critical to Ohio and crit- for her beliefs. We rarely agreed on other departing Member who also was ical to our Nation. He gave me great issues. We got to see each other again in the legislature before she came here. advice. He was a wonderful mentor, and when she got elected in 2006 to replace Unfortunately, I didn’t have an oppor- he will be missed in this body. , who got elected to the tunity to serve with her; she came just I don’t know whether this is going to U.S. Senate. as I was leaving. be my good-bye speech or not, but I I know her career’s not over. It began just want to say what an honor it has in the Barberton City Council, Summit b 1950 been to serve in Congress. I came from County Council, and the 8 years she When I think of JEAN SCHMIDT, and it a background where I truly represent served in the House. I know she is has been said before, I think of her the American Dream. My father grew going to continue to serve in some ca- faith and I think of marathons because up in poverty. He didn’t have an edu- pacity, and I wish her and her husband, she is an amazing marathon runner. cation, but he believed in himself and Doug, the best as they move on to the She just completed her 97th marathon he believed in hard work. And he mar- next chapter of their life. in October. And she’s obviously a real- ried a woman with a college edu- DENNIS KUCINICH, I first knew DEN- ly proud grandma to two young cation—unheard of for a man of that NIS, he didn’t know me, when he was grandsons, and it is a pleasure to rec- background—and together they in- the boy mayor of Cleveland and I was ognize the gentlelady from south- stilled in me a couple of really wonder- growing up in Columbus. He obviously western Ohio. ful values. The first is to love God. The made a lot of headlines around the Mrs. SCHMIDT. Thank you, Con- second is to love your country. The State as mayor. I still call him gressman TIBERI, my great friend from third is to believe in yourself because ‘‘Mayor’’ today. I first got to know central Ohio. we are Americans, and as Americans, DENNIS when he was in the legislature I just want to say a few things today. we cannot just dream something but of the Ohio Senate and I was in the First, I want to say good-bye, not just work hard to make that a reality. Ohio House in the early 1990s. He then to this Chamber, but to the good I never thought that I would serve in got elected to Congress in 1996. I got to friends who are leaving with me. this wonderful body, but through a spe- know DENNIS better when I was elected BETTY SUTTON from northern Ohio. cial election, I was able to come here, here. You know, politically we disagree just and it has been a privilege to represent And obviously, a lot has been said about on everything, but we also have the Second District of Ohio. I truly be- about DENNIS. A lot has been said something very common together: soft- lieve it is the best district in the Na- about DENNIS, about his passion. The wilderness comment was perfect, JEAN. ball. She, like I, joined an all-female tion because of its diversity. One of the He obviously is a man who will con- softball team. She’s a good player. She communities I represent is one of the tinue his mission in other ways. He ran can actually throw the ball from third wealthiest in the country. Several oth- for President. He wasn’t shy about it. to first without having it hop in be- ers are the poorest in the country. But He has strong beliefs, beliefs that are tween. And her tenacity helped us not the fabric that weaves through the different than mine, but again, some- lose as readily as we usually do when Ohio River Valley is one that shows me one you could call a friend. we play the women of the press. BETTY that these people, whether they are has fought tirelessly for her district. And finally, last but not least, the rich or poor, are deep, loving people of man who has a different quality than She has represented it well, and she not just America but of our God. will be missed. the rest of the four, and what I mean We are a community that believes in by that, he was the only one of the five DENNIS KUCINICH. You know, a lot has the sanctity of life. We are a commu- been said about DENNIS. He is a man of who wasn’t a legislator before he came nity that believes in the right to carry. to Congress, he was a prosecutor, conviction, and he’s a man who’s not We are a community that believes in STEVE LATOURETTE. And ironically, if afraid to be a voice in the wilderness. fiscal responsibility. And it was easy And all too often we don’t agree with you talk to Members of the House, for me to carry that message here be- they would say he was a legislator’s DENNIS, but we always understand cause, like so many people in the Sec- where his passion comes from, and it legislator even though he was never a ond Congressional District, I believe in legislator before he got here, which is comes from his deep faith and the fact those things, too. that he really believes in America, just amazing. Parting is sweet sorrow. Nobody STEVE LATOURETTE is a contrast in as the rest of us do. But on a personal knows what tomorrow will bring, but I so many different ways, and you heard note, DENNIS has become a good friend can tell you this: Tomorrow there will so much about him here tonight in of mine. We share a deep conviction be people here championing the cause terms of the work he did in such a bi- about obesity in our Nation and ways of America and the American spirit, partisan way. But he could be as par- to conquer it. Who knows, maybe on and I only hope that we are blessed as tisan as they came. In fact, as I think the outside we will work together to a Nation to continue to be the beacon of memories from down on the floor, try to find solutions to that. of hope and freedom in the world. back in—I don’t know what year it To STEVE AUSTRIA, who just stood at Toward that end, I wish all of my de- was—2007 or 2008, maybe it was 2009 or this podium, I got to know STEVE in parting Members and all of those com- 2010, STEVE came up with this game the State legislature. While we didn’t ing in and all of those that are remain- show idea about the lack of substantive really work together on bills, we actu- ing, Godspeed. God bless you, and God work that we were doing on the House ally went to Arizona to watch Ohio bless the United States of America. floor when we were in the minority and State win its national championship. It Mr. TIBERI. Thank you, JEAN. We the Democrats were in the majority. was there that I really got to know wish you and Peter well in the next STEVE and his wife on a personal level. door, in the next chapter. b 2000 It was there that he shared with me his Five—five departing Ohioans, and I And it was funny, but, boy, was it dream to one day serve in this Con- get to go last. It’s been an honor to pointed, and it could be absolutely gress, and I’m so glad he was able to let serve with all five of them. They leave true. that dream come true. a big void, Mr. Speaker. STEVE AUS- But then again, you just never know To my good friend, STEVE LATOU- TRIA, JEAN SCHMIDT, BETTY SUTTON— where STEVE was going to be. You RETTE, you know, when you come as a much has been said about all of these could be on the House floor and here he special election, you don’t get this ori- five. is defending Jim Traficant on the entation that people get when they I actually knew BETTY before I knew House floor, a Republican defending a come as a class. You get elected and the other four. She and I were part of Democrat. And if you ever need a law- you’re thrown on the floor and you’re the freshman class of the Ohio class of yer, you want STEVE LATOURETTE to be there to vote. I was put on his com- Representatives in 1992, and we served your lawyer because he gave an incred- mittee called Transportation, and I 8 years together in the Ohio House. Ob- ible performance that one time. didn’t know a whole lot about it, but viously different political parties, but But he was a guy that was our dean. STEVE LATOURETTE shepherded me you knew right away that BETTY was He was our dean of our delegation be- through it; and not just on that, on bright, tenacious, and she was a fighter cause everybody could go to STEVE

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.024 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6693 with an issue. Whether it was an appro- table really doesn’t deal with the def- we’re going to start dealing with Medi- priations issue, whether it was an in- icit at all, and that’s Social Security. care, why don’t we start right there ternal issue, whether it was an issue So before we even get into this dis- with that issue and perhaps some $50 for Ohio, he’s a guy who would give cussion tonight, let’s just understand, billion, or if you want to be a little great advice, and he would work to get for anybody that cares to take on this conservative, let’s just say 40 or $30 bil- an answer for the problem. issue, that in dealing with the fiscal lion that we can reduce immediately. So whether it was the Appropriations cliff, Social Security is not the prob- By the way, this is going to take a Committee or—the Transportation lem. The deficit is not caused by Social few Federal employees to do that. In- Committee, where he served much of Security. Social Security has never terestingly, in the Affordable Health his career, was an area where he knew been and in its present form will not be Care Act there was a provision that more about transportation, and trans- part of the deficit issue. It’s separate added several thousand, a couple of portation issues, then anybody in this and apart. It is a special program, has thousand employees to the IRS for the town. He was just a walking encyclo- its own source of revenue, has its own specific purpose of going after Medi- pedia on transportation issues. trust fund, and frankly, is not even care and Medicaid fraud. Well, they It’s pretty hard for a Buckeye to talk running a deficit at all and has not run were added, and then our Republican about a University of Michigan grad- a deficit. colleagues, in a fit of—well, just in a uate this way, Mr. Speaker, but it’s So let’s put Social Security to the fit, decided that they would somehow going to be a big void for this House for side and say, yes, in the years ahead, save a lot of money by eliminating the all five, but especially for STEVE maybe even next year, but probably 3 men and women that were supposed to LATOURETTE, who has really given his to 4 years out, Social Security will be be hired to go after fraud. heart and his soul for 18 years to trying dealt with, as it must, because we will b 2010 to make this body and our Nation a have to make adjustments. But that is better place for our kids and for our really not the debate about the deficit, They tried to do it. Fortunately, they grandkids. sequestration, or the fiscal cliff. were not successful. It really didn’t matter who you were Coming back to the fiscal cliff, let’s I’m going to just name a couple of or what you were about or if you had take up one of the very big programs, other ways in which we can reduce the an ‘‘R’’ or a ‘‘D’’ by your name with re- and I’m not talking here about the De- cost of Medicare, and then I want to partment of Defense, which is one of spect to STEVE. If he believed in your turn to my colleague from Illinois to the major expenditure items, but that’s cause, he was your partner, and he was expand on some of these issues. not the subject for tonight. Tonight going to do everything within his Very quickly, how about drugs? the subject is Medicare and Medicaid. Would you believe that the Federal power to make sure that cause, that The Medicare program is a big one, issue was going to be solved. He didn’t Government has no power to negotiate and it certainly is a program that is the price of drugs for seniors in the always win, but he surely went down expensive. It’s a program that, over the swinging every time he took that cause Medicare program? It’s true. Congress years, has grown on the average faster passed a law back in the 2003–2004 pe- up. than inflation. But, in the last 2 years, This place will not be as good as it riod that denied the Federal Govern- that’s not the case, and we’ll discuss ment the ability to negotiate prices. has been without STEVE LATOURETTE, that in more detail later. In fact, Medi- JEAN SCHMIDT, STEVE AUSTRIA, DENNIS We could save a pile of money right care has fallen below the general rate there. KUCINICH, and BETTY SUTTON. of health care inflation. Mr. Speaker, it has been great know- There’s some other things we can Let’s talk about what we can do do—and some of this is already under- ing these folks. I am pretty sure that about Medicare. Instead of saying what way. We could penalize hospitals that all of them we will see again in one ca- we ought not do, we’re going to start have high infection rates; readmission pacity or another. I know, STEVE, that this discussion, at least my portion of to hospitals. Well, the Affordable we will see you and Jen and Henry and it, talking about what we can do. And Health Care Act is already doing that. Emma soon. the President has put out several ideas And it’s having an effect. We could also Mr. Speaker, with that, I think our that deserve the attention of the 435 deal with the issues that occur with hour is up. We have no more speakers. Members of this House and the 100 Sen- unnecessary payments. We can reform It’s been a pleasure. It’s been a privi- ators, because there are things that the system in the way in which pay- lege, an honor to serve with all five of really can be done immediately to sig- ments are made so that they are more these men and women. nificantly reduce the cost of Medicare. I yield back the balance of my time. Just in listening to my colleagues efficient and more effective. And those f here on the floor discuss the departure have been proposed by the President. In fact, there are many, many things THE IMPENDING FISCAL CLIFF of some extraordinary Members from the Ohio delegation, I came across an that can be done to significantly re- The SPEAKER pro tempore. Under article in one of the local Hill news- duce the cost of Medicare without the Speaker’s announced policy of Jan- papers, and this article says, ‘‘GAO hits doing the onerous, damaging proposals uary 5, 2011, the gentleman from Cali- Medicare and Medicaid wasteful spend- that have been made by many of our fornia (Mr. GARAMENDI) is recognized ing.’’ Turns out that the GAO just colleagues on the Republican side, such for 60 minutes as the designee of the issued a report, came out just this as increasing the age to 67 when you minority leader. week, that Medicare had, in their esti- could apply for Medicare—and we’ll Mr. GARAMENDI. Mr. Speaker, mation, $28 billion in fraud and waste- discuss that in much more detail in a thank you for the opportunity. We’re ful spending in the year 2011—$28 bil- few moments—and such as going after going to spend a good portion of this lion. And in Medicaid, some $21 billion. the privatization of Medicare. hour talking about something that is Now, the President has suggested Some really bad ideas are out there. on everybody’s mind, the fiscal cliff. that one of the things we ought to do And we don’t need those bad ideas. Oh my goodness, the fiscal cliff is now to reform the Medicare system and the What we need are some really good, just, well, 20 days away. So what are Medicaid system is go after waste, solid ideas. we going to do? fraud, and abuse. Well, there you have, Let me turn to my colleague from Il- Some have suggested that we really what, 50-plus billion dollars of annual linois, JAN SCHAKOWSKY. This is a have to deal with entitlements, and I’m fraud, waste, and expenditure in the woman who’s been deeply involved in here to agree that we can and we Medicare system. That goes a long way this issue. She was on the Simpson- should deal with entitlements. Cer- to solving the Medicare problem. And Bowles Committee. That’s not the for- tainly, two of those issues, which I we ought to do that. And, in fact, a lot mal name but that’s how we know it— really don’t think we ought to call en- of that was done in the Affordable the Simpson-Bowles Committee. And titlements, but they happen to be fun- Health Care Act, and systems were put she’s focused specifically on Social Se- damental programs here in America for in place and they’re working today. curity and Medicare. She’s joining us Americans, should be dealt with. One But there’s even more that can be tonight with extraordinary background that some people want to put on the done, according to the GAO. And if and information on this.

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.027 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6694 CONGRESSIONAL RECORD — HOUSE December 11, 2012 JAN, let’s talk for a few minutes their working lives as well. There’s no did that, in a single year, almost about your experiences and what you cap on the tax that you pay into Medi- 435,000 seniors would be at risk of be- think we can do. care. A person with $2 million in wages coming uninsured. Is this the goal? Ms. SCHAKOWSKY. Thank you so pays $58,000 into Medicare. So during I am really confused about these pro- much, Congressman GARAMENDI, for their working lives, and when they re- posals that somehow equate really the leading this hour where, hopefully, we tire and take Medicare benefits, we wealthiest top 2 percent in our country can get just some of the facts out means-test Medicare. with extracting something from the about Medicare and Social Security. I, Mr. GARAMENDI. Let me just inter- poorest adults in our country: seniors too, want to concentrate on Medicare. rupt for a second. You started to dis- and persons with disabilities. First of all, I want to ask this funda- cuss Social Security. I think what you Mr. GARAMENDI. Your points are so mental question: do we really think meant was Medicare, which is where very, very well taken. It seems as that the United States of America is you have been taking the discussion. though—you call it a trophy. The argu- poorer today than we were 70 years Medicare part B is means-tested—and ment made by some is that we ought ago, when Social Security came into has been since its inception. not raise this top tax rate, but you being; that the United States is really Ms. SCHAKOWSKY. We means-test ought to hit the Medicare program, the poorer as a country today than 50 years Medicare, exactly. We do. beneficiaries, and make them pay ago, when Medicare and Medicaid came Mr. GARAMENDI. Exactly. The more. As you’ve said, they’re mostly into being? The answer is simply, no. amount that you pay into Medicare is middle class and poor. So what’s that The economy has grown 15 times over higher as your income goes up. all about? And raising the age to 67 is since Social Security was enacted. And Ms. SCHAKOWSKY. Yes. So during really stupid. There is no other way to it was enacted because this country de- your working life and when you start describe that. cided that it was really important for on Medicare, you are paying more if I was the insurance commissioner in us to not have poorhouses for our el- you make $85,000 or more. California for 8 years, and let me tell derly in this country, and that when Mr. GARAMENDI. So the argument you, you raise that age to 67, a lot of Medicare and Medicaid came in, that that you’ve got to means-test this pro- very, very bad things are going to hap- insurance companies really didn’t want gram is, Yes. And we do. pen. First of all, people between 65 and to ensure old people, and that they Ms. SCHAKOWSKY. Now we means- 67 are not likely to get insurance at weren’t able to get the health care that test Medicare for 5 percent of bene- all, let alone affordable, for the reason they needed, and that the right thing ficiaries. Under proposals to cover 25 you said. That’s the population that is to do for the richest country in the almost uninsurable under the present percent of beneficiaries, call them world, which we still are, is to set a system. Even with the Affordable higher income, means-testing would priority that we’re going to address the Health Care Act, they’re going to wind start at $47,000 in income. Really? needs of the elderly—not for free, by up paying a huge amount of money, These are rich seniors? Covering 10 per- any means. and you’re shifting the cost to them, to cent of Medicare beneficiaries would People pay every paycheck that their employers, and to their State and hit individuals with $63,000 in income. they’re working into Social Security, local governments. You’ve saved no Are those wealthy seniors? No. We and we created an insurance company money. In fact, you’ve probably in- means-test Medicare right now for peo- for Americans, an insurance policy for creased the cost because the benefits ple who earn income over $85,000. Americans, that if you pay in, when that go to seniors in the Affordable Here’s the other thing. A couple more you retire, that money will be there for Care Act are not available to them, you. And as you pointed out, we have points I want to make. There is no cap such benefits as annual checkups, med- $2.7 trillion in the Social Security right now on out-of-pocket costs in ical services keeping people healthy. Trust Fund right now. If we didn’t have Medicare, which today average $4,500 I’d like to come back to that in a lit- that, that means that our deficit would for people over 65 years old. So the out- tle while, but I noticed our colleague look $2.7 trillion worse than it does. of-pocket costs for Medicare bene- from the great State of Texas is with Thank goodness for Social Security ficiaries are very high. The average us. Thank you for joining us once again and its Trust Fund. amounts to about 20 percent of their to talk about something that I know So you’re right, Social Security income, out-of-pocket, already. So you’ve spent your career here in Con- should be off the table. Medicare, too. Medicare costs are already high. The gress working on: Social Security, Every single paycheck people pay in. idea now of going further down in in- Medicare, and Medicaid. But the difference is when you get come levels to means-test Medicare Ms. JACKSON LEE of Texas. I thank Medicare, you continue to pay. And I beneficiaries makes no sense whatso- the gentleman from California, and I want to talk a little bit about the ever. thank the gentlelady from Illinois for truth of what’s going on in Medicare The other thing I wanted to point out her persistence on this issue of seniors today, and the myths. is half of all seniors live in households and Medicare. Talk about means-testing Social Se- with less than $22,000 in income. So Congresswoman SCHAKOWSKY, along curity. Guess what? We do. We already here’s the part I don’t get about the with Congresswoman MATSUI, co- means-test Social Security. I want ev- fiscal cliff proposals. It seems as if the chaired a task force that was very ef- erybody to understand that. We means- trophy that the Republicans want in fective on making sure that the Demo- test Social Security. Medicare part D exchange for asking people whose in- cratic Caucus—and, really, Members of premiums—that’s for doctor out- come is above $250,000, even though Congress—had an understanding of the patient—and part D—that’s for pre- they’ll get a tax break on that first safety net, but also the issue around scription drug premiums—are already $250,000, to ask them to pay a little the word ‘‘earned.’’ higher for individuals with incomes more, the trophy in return is to ask For some reason or another, when over $85,000 a year. Now let’s remember senior citizens, whose median income you put the benefits of individuals on we’re calling middle class for everyone is $22,000, to pay more? the altar of sacrifice, it’s because they else up to the $250,000. But we’re say- didn’t earn anything. You can sacrifice b 2020 ing, for Medicare purposes, people who them. One thing that the Congress- make $85,000 or more, they’re going to Why is this a quid pro quo? Why is woman emphasized is the idea that So- pay extra costs ranging from $504 a this fair? Why is that the trophy? Why cial Security is earned, Medicare is year to $2,270 a year for part B and $139 is that the exchange that makes sense? earned, and, to a certain extent, Med- to $797 more a year for part D. We The American people say no. icaid, though it’s on a different struc- means-test Medicare. By 2020, with no Medicare, Social Security, Medicaid, ture. changes in current law, annual means- these are programs that keep people To the gentleman from California, I tested part B premiums are projected healthy. Raising the age of Medicare; want to speak directly to what you’ve to range from almost $2,700 to $6,000 really? That’s why we have Medicare in said as insurance commissioner. We more. We means-test Medicare. the first place; insurance companies value your experience, because here’s Higher income households pay more don’t want to insure people. The Center my point that I want to make. I want for future Medicare benefits during for American Progress says that if we to stay narrowly focused.

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.029 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6695 First of all, let me say that there are the hospital. So what I’m saying is you know they are speculating over a num- enough bipartisan voices right now to cannot have a cookie that fits all. You ber of opportunities and options, but pass the Senate bill. I want to thank cannot immediately jump to entitle- my perspective is you go for this tax Congressman WALZ, whom we have a ment reform between now and Decem- relief, and you put on the table for de- petition with 178 Democratic names. ber 31. liberative consideration what is the We welcome our colleagues, Repub- Here’s a solution: The bipartisan best approach to have Medicare savings licans, to get on. But the point I want voices have said pass the Senate bill or and to provide for the American people. to make is that—and I want to change pass the elimination of the tax cuts on But I can’t fathom burdening seniors my vernacular, I want to change my the top 2 percent—but I, frankly, be- with raising the eligibility age for language—100 percent of the American lieve that 100 percent of Americans will Medicare. people will get a tax cut. If we pass the get it. We cannot then jump to entitle- Mr. GARAMENDI. I thank you for Senate bill, 100 percent—— ment reform now. It would not be wise. bringing this issue back. And I don’t Mr. GARAMENDI. Let’s describe the It is not prudent. It does not work. want to leave it right yet. Our col- Senate bill. When you talk about 65 to 67, that is league from Illinois started her discus- Ms. JACKSON LEE of Texas. The a lifetime. Because what you do, as the sion with the values, the values that Senate bill is $250,000 and below. The gentleman has said, you throw seniors we Americans possessed back in the income up to $250,000—whatever you into the marketplace. You save a buck, 1960s when Medicare began. That was make—receives the continuation or a and they have to spend two bucks, the value of caring for each other, par- tax cut, and the remaining obviously three bucks, four bucks. And then on ticularly caring for those seniors who expire. Simple premise. That means 97 top of the four bucks, they will have at that time had 50 percent in poverty, percent of our businesses today, that doors slammed in their face. I think 70 percent without insurance, means all the businesses on Main The Affordable Care Act was pre- and a very bad situation. Streets in everybody’s cities and towns mised on a 65-year-old Medicare admis- I remember when I was a youngster, will be protected going into the 2013 sion, if you will—except for those who not even a teenager yet, my father tax year or the 2012 tax year. But what are disabled—and therefore, now, you took me to the county hospital. You it means is that middle class Ameri- want to skew it. You’ve already mentioned the word poorhouse. That’s cans will not have a $2,200 per family of claimed that ObamaCare is going to what it was. And that is etched in my four going into January 2013. I just raise prices. Look at the projection of mind to this day, what was happening want to lay that on the table, because cost to the seniors, trillions of dollars in that county hospital. It was just row now I want to move to this question of that they will pay in the open market- after row of beds down a long ward. entitlements, but specifically the eligi- place. But more importantly, how The cries, the sounds, and the odors bility as it relates to age. That’s been many of the poor seniors not having were unbelievable. That was the only batted around. the money to go into the open market- care available. And then Medicare I really wanted to come here today. I place will drop dead? I’m being colorful came in. And we have moved to a dif- was home over the weekend, and I said, because, in terms of your lifestyle, ferent place, fortunately. Our values as I have to get to Washington to convey some people struggle to get to 65. It Americans expressed in the most mean- the thoughts in the minds of my con- makes no sense that they should be on ingful way, taking care of seniors, the stituents, not only the average citizen, the altar of sacrifice. issues of poverty, largely eliminated— but doctors whom I sat down with yes- I’m passionate about this because I no, that’s not true. The issue of pov- terday to ask about this question. But just don’t understand why we jump so erty among seniors substantially here’s my point. Now, you can look at far. I say, Members, let’s be delibera- changed. We still have too much pov- it globally, and then I’m going to nar- tive. You cannot throw it out and say, erty. But medical services available, row it down. oh, that’s what we’re going to do, when quality medical services that have ex- Globally, one would say that we’re you don’t know the numbers, you don’t tended the life of many. living longer. Of course women are. know the ultimate results, you have The point you were making about This is the actuarial genius here, you not done an analysis on what seniors of not everybody is so very, very true. As know, the actuarial tables that you this age, what are their particular you were talking, I was just thinking, deal with. So women are living longer. work histories. Maybe we will have, 40 I read something about this, though in- It’s always been a tradition, et cetera, years from now—let me go 20 years creasing overall life expectancy at 65 but the body politic is living longer, from now, we’ll have all white collar has not increased equally across the so- maybe because they’re healthier. That seniors. I don’t know what we have cial economic status, from 1977 to 2007, is not the case in the span of what now, and therefore I can’t judge that 65 life expectancy for the top half of earn- we’re speaking of, because what we’re for one person is 65 for everybody. ers increased by 5 years, but only 1 talking about globally, or nationally, Let me say this to my good friends year for the bottom half of earners. So, are people whose beginnings are dif- that are here: Let’s take raising the once again, you have this disparity ferent, whose lifestyles are different. Medicare age off the table. I’m de- class, if you would. White men without Now, I don’t know, but the family lighted to see people here who are 65, a high school diploma have a life ex- farmers—and I’m not picking on that 72, 80, 42, fine, but sometimes we do not pectancy of 67.5 years as compared to group of people—have worked with represent a microcosm of America. 80.4 years for those with a college de- their hands. Of course they work with Let me finish on this note. I sat down gree. Once again, two different soci- their minds—they have to have a budg- with doctors and I posed a question. eties in America. et and make things work—but they’re Doctors have a sense of pride. They Since 1990, life expectancy for the in the outdoors, foresters. Some would like their work and they think they least educated whites has decreased— say, well, that’s a healthy lifestyle. I can keep us healthy. They could have decreased—by 4 years. And now the ar- don’t know until you walk a mile in said a number of things to me: Well, if gument is that we can increase the their shoes. Those who work in the we stay on a nutritious diet and if we Medicare eligibility age to 67 because coal mines in West Virginia; those who do our exercise, I can see that in the people are living longer. Hello? Who is are in the sanitation department of our future. They did not say that. living longer? Those who have higher municipal cities; those who work in incomes. Those who don’t—and you concrete and the building trades; those b 2030 said it so very well—those who work individuals who work in the energy in- They shook their heads, and they with their hands, whether they are a dustry in all shapes, forms, and sizes; said it is unbelievable. It won’t work. maid cleaning a hotel room or a farmer those who may be in the vocational It doesn’t work. It’s not a good answer. or a coal miner or any other task trades, maybe even nurses and nurses They were against raising it on the which is labor intensive, and that’s aids who are lifting patients all day basis of medical grounds. physical labor intensive—by the time long, thank God for them. We see them So let me just say this: I hope that they get to 65, they’re broken. Their all the time when we’re visiting the we stand firm, our caucus. I hope we body is broken. And to deny them the sick and our relatives or even we’re in will work with the White House. I opportunity, I can tell you everybody I

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.031 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6696 CONGRESSIONAL RECORD — HOUSE December 11, 2012 meet who is not 65 wants to live long noted, raising the age ‘would not only fail to which, I think, is kind of the essence of enough to get to 65 and Medicare. constrain health care costs across the econ- a market system. So for our Republican friends, their omy, it would increase them.’ You raised a couple of points, and I principal negotiator has put on the And our leader points out that the just want to use a chart to expand on table, the Speaker of the House has put Kaiser Family Foundation estimates those points. The Affordable Health on the table let’s raise the eligibility that higher State and private sector Care Act—ObamaCare—really signifi- age. costs that result from raising the age cantly enhanced benefits to Medicare JAN, you were talking about this ear- would be twice as large as the total recipients 65 and older. They got some lier—let’s go back at this—this is a Federal savings. So we aren’t even really important benefits. You men- fundamental dichotomy in how we doing ourselves a favor when it comes tioned the drug benefit, benefit part D, value our seniors, how we value each to expenditures, the cost of health the doughnut hole that is being closed. other and how we are compassionate. care, if we raise the age. It’s, as you That’s worth, I think, some $55 billion Ms. JACKSON LEE of Texas. Could I said, a really bad idea. a year to seniors. There’s other things say one thing before the gentlelady, Another thing, I do think that a lot that are in the Affordable Health Care and then I will finish on that and then of people, especially younger people, do Act that have already saved vast step away. think that once you get to 65 you just amounts of money to the Medicare pro- Mr. GARAMENDI. Sure. get this health care benefit without re- gram. For example, annual wellness Ms. JACKSON LEE of Texas. I’m so alizing that it is an insurance policy visits for seniors. Why is it important? glad you used the statistic of a white that seniors are paying dearly for. It is Well, you find out certain things, like male because I want this to be holistic. a good insurance policy, Medicare. In you’ve got high blood pressure. And You did it on income. There are other fact, it is far more efficient, with an you take a pill—we ought to be negoti- disparities between African Americans, overhead of about 3 percent, compared ating that price—but you take a pill, Asians, and Hispanic based upon a to private insurance, which can have as and suddenly you’re able to reduce number of factors, a number of factors. much as, well, you would know better, your blood pressure and avoid a stroke, So, there is a population that you’ve it is reaching up into 20 percent over- avoid some other kind of medical inci- just mentioned, I assume there are head costs. So Medicare works very dent. You may find that you’re on the numbers for white women, and then well. And it’s popular for very good, path towards diabetes or other kinds of there are what we call health dispari- good reasons. long-term, very expensive illnesses. So ties because of various ethnic dif- As you pointed out, we can control that wellness visit becomes exceed- ferences and distinctions, nothing that the cost of Medicare. I’m not up here ingly important, and also some treat- would make them different as Ameri- saying don’t do anything about Medi- ments are available. cans, but it would make you want to care. We aren’t going to touch Medi- Here’s what’s happened. Because of think more closely about a cookie-cut- care. Yes, we can, as we did through ObamaCare, the inflation rate in Medi- ter approach to how Medicare can be. ObamaCare. And you remember the care has been dramatically reduced. If And to raise it to 67 is dangerous for numbers, $716 billion, Democrats were you take a look at this particular the diversity of this country. And re- hit over the head with that number, chart, over the years it shows that be- member what we said. We want to be saying that we funneled that kind of ginning in 2005 and now in 2012, the an- for the 100 percent. money, we stole that money from nual increase in cost, the inflation rate I thank you for allowing me just to Medicare, implying that we took it in Medicare—it peaked in 2005, and say that point. Thank you, Congress- from beneficiaries. The opposite hap- then it began to come down. Here is woman, because I think our fight is a pened. the Affordable Health Care Act, or noble fight, and it is not against any- b 2040 ObamaCare, and we have seen a decline body, it is for something, and I would to about 21⁄2 percent inflation, which is like our friends to join us and recog- We were able to create more effi- actually less than the general health nize that this is not a good idea. I ciencies in Medicare, stopping our sub- care inflation rate in the economy. thank the gentleman. sidies of private insurance companies, This has occurred because of multiple Mr. GARAMENDI. SHEILA JACKSON beefing up our fraud division, even factors, perhaps—and it’s arguable, but LEE, thank you very much. I hope you though, as you pointed out, we can do we think one of the major factors is are able to stick around. better. We saved $716 billion from the advent of ObamaCare, or the Af- Jan. Medicare and improved benefits. That fordable Health Care Act, and the Ms. SCHAKOWSKY. Thank you. I was just the beginning. kinds of programs that are in the Af- wanted to also make the point that I was here when we passed Medicare fordable Health Care Act for Medicare there are many people who throughout part D. The truth is, the pharma- recipients that reduce the cost of med- their life have not been able to afford ceutical companies, the drug compa- ical services. health care, and so they really are in nies got language written into the bill Ms. SCHAKOWSKY. I think it’s im- need of health care when they turn 65. that said Medicare, unlike the Vet- portant to point out too that the full I have people coming into my office erans Administration, shall be prohib- provisions of ObamaCare haven’t even every day, or at least once a week—I ited from negotiating for better prices rolled out yet, although these preven- bet this happens to you and to most with the drug companies. That cost us tive services are in place. And look at Members—who say, I just hope I make about $250 billion over 10 years, the what’s already happened. it until I’m 65. Then I can have this fact that we cannot negotiate for lower Mr. GARAMENDI. Exactly. fixed or that fixed or all these things prices with the drug companies, who As those other services roll out, they that are really debilitating me and are making money hand over fist from will affect not only the Medicare por- causing such a loss in lifestyle. Medicare part D. tion of the health care system, but Mr. GARAMENDI. Pain, serious pain. If we were to make a change like they will also affect the general popu- Ms. SCHAKOWSKY. Yes. I finally am that, as the Veterans Administration lation and should, because of the avail- going to be able to take care of it. So does, drug prices would be lower for the ability of insurance and the avail- a couple of things I want to reiterate government and for Medicare bene- ability of the ability therefore get to a that I think are just myths. One, I al- ficiaries, as well. It would be a win-win doctor, to get the continuation of care, ready said that we already means-test in terms of lowering prices. Yes, the should bring down the overall inflation Medicare. Number two, that raising the pharmaceutical companies aren’t going rate for health care, which will dra- age of eligibility—and our Democratic to like it, but most countries already matically affect Medicare, as well. leader wrote on December 11 the negotiate for lower drug prices. Why What we are on is a track that is re- ‘‘Truth About Medicare Age.’’ She shouldn’t we do the same, especially ducing what they call ‘‘bending the in- wrote an excellent USA Today article. for Medicare? flation curve.’’ It’s happening. Here’s And in it she says: Mr. GARAMENDI. Only in a free- the most dramatic chart that I’ve seen As one expert, Paul N. Van de Water of the market system would Congress pass a on this issue, that we are, in fact, bend- Center for Budget and Policy Priorities, has law to prohibit negotiating prices, ing the cost curve. And perhaps even

VerDate Mar 15 2010 02:21 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.033 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6697 more important, senior citizens are and everything else is that we are mak- disabled or when they’re past 65 years healthier. They’re healthier. They’re ing this system more efficient. The old or, in the case of Social Security, 67 getting better care. They’re getting health care system in the United years old, they want the fruits of their more care. States of America is very inefficient. labor to be there for them. Again, con- Ms. SCHAKOWSKY. Let me just say We are going to be rewarding out- tinuing when they get Medicare, they on that point, though, on the cost sav- comes, we are going to be rewarding pay dearly for those services. I think ings, that’s why when the Affordable value and good performance, rather it’s really important to remember that. Health Care Act passed, the Congres- than just getting—you know, a doctor Mr. GARAMENDI. I guess, as politi- sional Budget Office estimated that it sends a bill or the hospital sends a bill, cians—all 435 of us—what happens saves—people said, How are we going to Medicare sends off a check. We are when we get elected is we often read afford that? How are we going to pay going to be rewarding efficiency and the polls. Hmm, let’s see here: 67 per- for that? But it actually saved a $1 tril- good practices now in the health care cent of Americans are opposed to in- lion over 20 years in costs to the gov- system. I think that that is what ev- creasing the age from 65 to 67—71 per- ernment. erybody wants. You want better results cent of Democrats, 68 percent of Repub- Mr. GARAMENDI. That’s a very good for a lower cost. That’s what we are licans, and 62 percent of Independents. point, but let me interrupt. getting. That’s pretty overwhelming. They were calculating an inflation Mr. GARAMENDI. There are some So, just to back up to what you were rate that continued at this level. They very simple things in the Affordable saying a few moments ago about the did not calculate a reduction in the in- Health Care Act that do reduce the American public, they viscerally, in- flation rate. And in the more recent es- cost, and this is the continuity of care. ternally, understand how important timates of cost savings, they’re now This is the kind of thing you’re talking Medicare is. It’s not just for them- looking at this difference here. They’re about. It is the management of a de- selves. They have parents, many of looking at a lower inflation rate. This bilitating illness, for example, diabe- whom are now 65. My mother is 92. saves billions upon billions of dollars tes. If diabetes is properly managed, She’s a Medicare recipient, and she de- in the Medicare system. So we are see- the kinds of extraordinarily damaging pends upon Medicare for her hos- ing that. and expensive things that occur to in- pitalization. Fortunately, she hasn’t I don’t want to let a point go by that dividuals are either delayed or not hap- had an incident for more than 2 years you raised, and that is, yes, all of us pening at all. So management systems now, but when she did, Medicare was Democrats were whacked over the head are put in place that dramatically re- there to provide the necessary services in the elections about the $720 billion. duce the overall costs. They cost a lit- for her, and so it is for all of us who I was, you were, and I suspect the rest tle bit up front because people are have parents who are in the Medicare of us were also. The $720 billion of sav- keeping in touch with the patient. It’s system. ings reductions in Medicare did not not necessarily a doctor. It may be a We understand this, and we really come from benefits. In fact, the bene- case worker keeping in touch with the want to make it quite clear that, as fits were increased just as you said. I patient and making sure they’re taking Democrats, we are in synchronization don’t know how many times I said that their medications, making sure they’re with the President on this issue. He has over the last several months, but I’m doing the checkups that they need on a put forward specific proposals that going to say it again: it didn’t come regular basis, getting that kind of over time will reduce the cost of Medi- from there. It came from three areas. thing. How about right now? care without taking away the benefits, You said this earlier, and it bears rep- without changing the eligibility age. etition. b 2050 However, there are proposals—and I First of all, it came out of the pock- I don’t know. There are a whole spoke earlier about one that has been ets of the insurance companies that bunch of people in this room—435. put forth by the Speaker of the were providing the additional Medicare They’re not here today, but how many House—to increase the age to 67. No, insurance coverage; secondly, it came have gotten their flu shots? If you want that’s a nonstarter. I’m not going to go out of fraud and abuse; and, thirdly, it to reduce the costs of health care, get into all the actuarial issues—which I came out of payments to medical pro- your flu shot. I think I’ll go do that to- could easily do—about why that makes viders that were not performing good morrow. no sense at all for employers, who services. Specifically, one of the big- Ms. SCHAKOWSKY. I did that. You would wind up paying more. It makes gest were hospitals that had high infec- should do it, too. no sense at all for an individual, who is tion rates. The Affordable Health Care Mr. GARAMENDI. I know. I’ve got to going to wind up paying more. It Act said, we are not paying for the sec- do it tomorrow. I’ll get my flu shot. makes no sense to the Medicaid pro- ond admission when there is an infec- So these are the kinds of things that gram, which you’ve already talked tion acquired in the hospital. This is reduce costs, and the Affordable Care about, and it makes no sense in saving really good news to every Medicare Act does that, not just for seniors but money. The total cost to the system beneficiary because suddenly the hos- all the way down the board. would actually increase. The costs pital goes, Oh, you mean we are going Go ahead. You were about to make a would be shifted, to be sure. No, not so. to have to pay for the cost of a read- comment. Then I want to turn to some I guess I will do a little actuarial work mission because of an infection? The of the pernicious things that are being here. government’s not going to pay for it proposed to Medicare and to seniors. Those people who are 65 to 67 years of any more? Maybe we ought to clean up Ms. SCHAKOWSKY. I just want to age are more healthy than people who our act. Maybe we ought to have a lit- say that this is not about party. This is are 67 and above. You eliminate the tle bit of hygiene in this hospital. about people who know the realities of healthy people from the risk pool, and We are now seeing a significant de- life—Democrats, Republicans, Inde- guess what happens to those who are cline in the hospital infection rates. pendents and, I’m sure, some people left—it’s more expensive per person in It’s not expensive for hospitals to do, who are identified with the Tea Party. that smaller risk pool. So what you but extremely important for every in- They don’t want to see this Congress want to do in all insurance programs is dividual that goes into a hospital, cut Medicare, Medicaid, Social Secu- to increase the size of the risk pool so whether you’re on Medicare or other- rity benefits, and this is overwhelming that the cost is shared among a larger wise. Hospitals are now paying atten- in every single poll. It’s not because population of people. What this pro- tion to hygiene, cleaning up, washing people are greedy; it is because they posal does is exactly the opposite. It hands, other kinds of very simple, inex- need these bedrock programs—these shrinks the risk pool. It keeps in that pensive things that keep people treasures of our American system—in risk pool less healthy people; it’s more healthy and reduce the cost of Medi- order to live a decent quality of life. expensive; and those who are more care and general health care. Americans are willing to work hard, to healthy are outside. Yet they are now Ms. SCHAKOWSKY. Exactly. pay into these programs, to follow the shifted on to the new exchanges that The real benefit of the Affordable rules—to do everything they’re sup- are going to be created, so the cost in Care Act and it’s effect on Medicare posed to do. Then when they’re either the exchange is increased, and the cost

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.035 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6698 CONGRESSIONAL RECORD — HOUSE December 11, 2012 for the per-person in Medicare is in- surance company. It won’t happen. It Mr. GARAMENDI. Exactly so. All we creased. So what’s going on here? won’t happen. need to do is pass that. You’ve got to think this through. Bad So, with those proposals, they are The other alternative, which has idea. Bad concept. wrongheaded; they are cruel; they are been proposed, is to keep the taxes low Ms. SCHAKOWSKY. Your 92-year-old expensive to the individual; and they for the superwealthy and to pay for mother, when she goes into the hos- ultimately will lead to a system in that out of the pockets of seniors. pital, if she didn’t have—she probably which health insurance will not be We’re not going there, and we does have—a supplemental insurance available to seniors. That’s a proposal shouldn’t. policy, the copayment on the first day that has been given life and that has JAN, thank you for sharing this in the hospital, which some seniors actually passed the House of Rep- evening with us. This is an important have to pay out-of-pocket, is well over resentatives. issue. $1,000. Medicare, let’s remember, does Ms. SCHAKOWSKY. It’s part of the Ms. SCHAKOWSKY. Thank you. not cover most vision, hearing, or den- Ryan budget. Mr. GARAMENDI. Mr. Speaker, I tal, so seniors are still left with not Mr. GARAMENDI. Indeed, it is. It yield back the balance of my time. only their premiums and their copay- has passed the House of Representa- ments and their deductibles but lots of tives twice—not once but twice. f So this is not just some idea floating things that still aren’t covered by LEAVE OF ABSENCE Medicare. in the ethereal. This is a real proposal With the cost of health care to sen- that is sitting in the Senate. Fortu- By unanimous consent, leave of ab- iors today, this is no entitlement, nately, it’s going nowhere there, but sence was granted to: which makes it sound like they’re get- these kinds of programs are there. Mr. CULBERSON (at the request of Mr. ting a freebie here. It’s very, very ex- The other program—and we’ve talked CANTOR) for today on account of ill- pensive. We want to make Medicare around this issue—is just a flat-out as- ness. better. We want to make it efficient sault on the benefits. We’re going to Mr. REYES (at the request of Ms. and actually enhance some of those cut out drugs. We’re going to cut out PELOSI) for today on account of med- benefits. one or another of the benefits that are ical reasons. in Medicare. The package of benefits in Mr. GARAMENDI. The word ‘‘entitle- f ment’’ is really misused for both Social Medicare is designed to provide a con- Security and Medicare. Basically, the tinuity of care so that something that ENROLLED BILL SIGNED is common is going to get covered— word means that, when you reach a Karen L. Haas, Clerk of the House, hospitalization, a doctor’s care, and certain age, the program is available to reported and found truly enrolled a bill now, with the Affordable Care Act, an- you. It’s not a freebie. Men and women of the House of the following title, nual visits to the doctor. It’s very, very in America who work, even those who which was thereupon signed by the are 65 and over, continue to pay what important. Let me be clear that, as Democrats, Speaker: amounts to a health care premium. It’s we understand the necessity of reduc- H.R. 6156. An act to authorize the exten- the payroll tax. They’re paying that ing the cost of Medicare. We under- sion of nondiscriminatory treatment (nor- from the first paycheck they get until mal trade relations treatment) to products stand that. In fact, we have done it. the last one that they receive. Then of the Russian Federation and Moldova an to The Democrats have done it. We have when they’re no longer working, as you require reports on the compliance of the taken action to reduce the cost of so correctly stated, Medicare does not Russian Federation with its obligations as a Medicare and to simultaneously main- cover the total cost, so they’re going to member of the World Trade Organization, tain the benefits and improve the bene- and for other purposes. continue to pay. They’re probably fits to seniors. going to be paying for a supplemental f insurance program, and they’re cer- b 2100 BILLS PRESENTED TO THE tainly going to be paying out-of-pocket That is what we have done, and we’ll PRESIDENT and the like. continue to do it. Things I talked There are a couple of other things about at the very outset are very real. Karen L. Haas, Clerk of the House, that have been proposed, and I want to We can take additional steps. We can reported that on December 6, 2012, she just cover those because they’re very do more. The President has proposed it, presented to the President of the important. It has been proposed that and the Democrats stand ready today United States, for his approval, the fol- the cost of the Medicare system can be to take up those issues and pass them lowing bill: reduced by giving every senior a vouch- out of the House, give them to the Sen- H.R. 6634. To change the effective date for er or—a different word but exactly the ate and say we can do more to reduce the Internet publication of certain financial same thing—premium support, which the cost of Medicare and simulta- disclosure forms. basically says that the Medicare sys- neously maintain quality care for sen- Karen L. Haas, Clerk of the House, tem, as we have known it for nearly 50 iors and the benefits that they have further reported that on December 7, years, is terminated—gone—and that spent their lifetime paying for, paying 2012, she presented to the President of seniors who are 65—or 67 if they get for those benefits. We can do it. We’ve the United States, for his approval, the their way—would be thrown into the done it. following bill: private health insurance market. I can- Ms. SCHAKOWSKY. We can do it. H.R. 6156. To authorize the extension of not imagine a worse situation for a And I hope that everyone will stand nondiscriminatory treatment (normal trade senior. The private health insurance with our President who has said that relations treatment) to products of the Rus- market is not interested in caring for we’re not going to raise the age of sian Federation and Moldova and to require seniors. Medicare and that the Republicans now reports on the compliance of the Russian Ms. SCHAKOWSKY. That’s why we first have to agree that we’re going to Federation with its obligations as a member have Medicare. of the World Trade Organization, and for ask the wealthiest people in our coun- other purposes. Mr. GARAMENDI. They don’t want try to pay a bit more, and not to begin those people because they get sick and with the least able to pay more, the f they’re expensive. They want Medicare, poorest adults, seniors, and persons ADJOURNMENT but the voucher program is the privat- with disabilities. ization of Medicare. It is nothing other Mr. GARAMENDI. Our colleague, Ms. SCHAKOWSKY. Mr. Speaker, I than that. It’s the termination of this SHEILA JACKSON LEE, before she left, move that the House do now adjourn. guarantee, and seniors have to go out she brought this issue up. In the House The motion was agreed to; accord- and negotiate on their own for a health today is the tax program that would ingly (at 9 o’clock and 2 minutes p.m.), insurance policy. continue the tax reductions for the under its previous order, the House ad- Good luck, Mom. You’re 92 years old. middle class. journed until tomorrow, Wednesday, Good luck in getting a health insur- Ms. SCHAKOWSKY. And for the first December 12, 2012, at 10 a.m. for morn- ance policy from any private health in- $250,000 for everyone. ing-hour debate.

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K11DE7.037 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6699 EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the third and fourth quarters of 2012 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, ROBERT KAREM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 14 AND OCT. 21, 2012

Date Per 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Robert Karem ...... 10 /15 10 /16 France ...... 155.00 ...... 155.00 10/16 10/18 Senegal ...... 204.00 ...... 204.00 10/18 10/19 Mali ...... 109.00 ...... 109.00 10/19 10/20 Burkina Faso ...... 184.00 ...... 184.00

Committee total ...... 652.00 ...... 652.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MR. ROBERT STORY KAREM, Nov. 19, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BELGIUM AND THE UNITED KINGDOM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 14 AND OCT. 19, 2012

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Anne Thorsen ...... 10/14 10 /16 Belgium ...... 546.00 ...... 32,076.90 ...... 2,622.90 Tom Wickham ...... 10 /14 10/16 Belgium ...... 546.00 ...... 32,076.90 ...... 2,622.90 Kyle Nevins ...... 10 /14 10/16 Belgium ...... 546.00 ...... 32,076.90 ...... 2,622.90 Anne Thorsen ...... 10/16 10 /19 United Kingdom ...... 1,497.00 ...... 1,497.00 Tom Wickham ...... 10 /16 10/19 United Kingdom ...... 1,497.00 ...... 1,497.00 Kyle Nevins ...... 10 /16 10/19 United Kingdom ...... 1,497.00 ...... 1,497.00 Jo-Marie St. Martin Green ...... 10/15 10/19 United Kingdom ...... 1,497.00 ...... 1,164.40 ...... 2,661.40

Committee total ...... 15,021.10

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Airfare all inclusive. HON. JOHN A. BOEHNER, Speaker of the House, Nov. 16, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 21 AND OCT. 26, 2012

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Ethan Lauer ...... 10/21 10/26 ...... 2,729.86 2,765.80 1,627.81 1,649.25 ...... 4,357.65 4,415.05 Kirk Boyle ...... 10/21 10 /26 ...... 2,729.86 2,765.80 1,331.56 1,349.10 ...... 4,061.41 4,114.90

Committee total ...... 8,529.95 MR. ETHAN LAUER, Nov. 14, 2012. 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30,2012

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Tim Holden ...... 6/30 7/01 Latvia ...... 382.14 ...... (3) ...... 382.14 7/01 7/03 Kazakhstan ...... 720.00 ...... (3) ...... 720.00 7/03 7/05 Kyrgyz Republic ...... 402.00 ...... (3) ...... 402.00 7/05 7/06 Tajikistan ...... 198.00 ...... (3) ...... 198.00 7/06 7/07 Uzbekistan ...... 289.16 ...... (3) ...... 289.16 7/07 7/08 Spain ...... 323.55 ...... (3) ...... 323.55 Hon. Rick Crawford ...... 8 /02 8 /04 Panama ...... 354.97 ...... (3) ...... 354.97 8/04 8/06 Columbia ...... 824.33 ...... (3) ...... 824.33 Hon. Tim Holden ...... 8/10 8/12 Morocco ...... 496.05 ...... (3) ...... 496.05 8/12 8/15 Kenya ...... 1,050.00 ...... (3) ...... 1,050.00 8/15 8/15 South Sudan ...... (3) ...... 8/15 8/18 Tanzania ...... 563.10 ...... (3) ...... 563.10 8/18 8/19 Spain ...... 220.69 ...... (3) ...... 220.69 Hon. Terri Sewell ...... 8/10 8/12 Morocco ...... 496.05 ...... (3) ...... 496.05 8/12 8/15 Kenya ...... 1,050.00 ...... (3) ...... 1,050.00 8/15 8/15 South Sudan ...... (3) ...... 8/15 8/18 Tanzania ...... 563.10 ...... (3) ...... 563.10 8/18 8/19 Spain ...... 220.69 ...... (3) ...... 220.69

Committee total ...... 8,154.49 ...... 8,154.49 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. FRANK D. LUCAS, Chairman, Nov. 15, 2012.

VerDate Mar 15 2010 02:30 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 8634 E:\CR\FM\A11DE7.001 H11DEPT1 pwalker on DSK7TPTVN1PROD with H6700 CONGRESSIONAL RECORD — HOUSE December 11, 2012 EXECUTIVE COMMUNICATIONS, 8677. A letter from the Associate Director, Commission’s Performance and Account- ETC. Department of the Treasury, transmitting ability Report for FY 2012; to the Committee the Department’s final rule — Cuban Assets on Oversight and Government Reform. Under clause 2 of rule XIV, executive Control Regulations received November 29, 8689. A letter from the Senior Procurement communications were taken from the 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Executive, Deputy Chief Acquisition Officer, Speaker’s table and referred as follows: Committee on Foreign Affairs. General Services Administration, transmit- 8667. A letter from the Acting Adminis- 8678. A letter from the Honorary Secretary, ting the Administration’s final rule — Fed- trator, General Services Administration, Foundation of Japanese Honorary Debts, eral Acquisition Regulation; Interagency Ac- transmitting a report of a violation of the transmitting the 216th petition to the Prime quisitions: Compliance by Nondefense Agen- Antideficiency Act by the Working Capital Minister of Japan; to the Committee on For- cies with Defense Procurement Require- Fund, Treasury Symbol 47X 4540, pursuant to eign Affairs. ments [FAC 2005-62; FAR Case 2012-010; Item 31 U.S.C. 1517(b); to the Committee on Appro- 8679. A letter from the Special Assistant to II; Docket 2012-0000, Sequence 01] (RIN: 90000- priations. the President and Director, Office of Admin- AM36) received December 7, 2012, pursuant to 8668. A letter from the Acting Adminis- istration, transmitting the personnel report 5 U.S.C. 801(a)(1)(A); to the Committee on trator, General Services Administration, for personnel employed in the White House Oversight and Government Reform. transmitting a report of a violation of the Office, the Executive Residence at the White 8690. A letter from the Senior Procurement Antideficiency Act by the Working Capital House, the Office of the Vice President, the Executive, Deputy Chief Acquisition Officer, Fund, Treasury Symbol 47X 4542, pursuant to Office of Policy Development, and the Office General Services Administration, transmit- 31 U.S.C. 1517(b); to the Committee on Appro- of Administration for FY 2012, pursuant to 3 ting the Administration’s final rule — Fed- priations. U.S.C. 113; to the Committee on Oversight eral Acquisition Regulation; Updates to Con- 8669. A letter from the Attorney, Legal Di- and Government Reform. tract Reporting and Central Contractor Reg- vision, Bureau of Consumer Financial Pro- 8680. A letter from the Secretary, Depart- istration [FAC 2005-62; FAR Case 2010-014; tection, transmitting the Bureau’s final rule ment of Health and Human Services, trans- Item I; Docket 2010-0014, Sequence 01] (RIN: — Delayed Implementation of Certain New mitting the semiannual report from the De- 9000-AL99) received December 7, 2012, pursu- Mortgage Disclosures [Docket No.: CPFB- partment of Health and Human Services Of- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2012-0045] (RIN: 3170-AA32) received Novem- fice of Inspector General for the period end- on Oversight and Government Reform. ber 27, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); ing September 30, 2012, pursuant to 5 U.S.C. 8691. A letter from the Senior Procurement to the Committee on Financial Services. app. (Insp. Gen. Act) section 5(b); to the Executive, Deputy Chief Acquisition Officer, 8670. A letter from the Chief Counsel, De- Committee on Oversight and Government General Services Administration, transmit- partment of Homeland Security, transmit- Reform. ting the Administration’s final rule — Fed- ting the Department’s final rule — Suspen- 8681. A letter from the Deputy Secretary, eral Acquisition Regulation; Federal Acqui- sion of Community Eligibility [Docket ID: Department of the Interior, transmitting the sition Circular 2005-62; Small Entity Compli- FEMA-2012-0003] [Internal Agency Docket Department’s semiannual report from the of- ance Guide [Docket: FAR 2012-0081, Sequence No.: FEMA-8255] received November 28, 2012, fice of the Inspector General for the period 7] received December 7, 2012, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- April 1, 2012 through September 30, 2012, pur- U.S.C. 801(a)(1)(A); to the Committee on mittee on Financial Services. suant to 5 U.S.C. app. (Insp. Gen. Act), sec- Oversight and Government Reform. 8671. A letter from the Chief Counsel, De- tion 5(b); to the Committee on Oversight and 8692. A letter from the Chief Information partment of Homeland Security, transmit- Government Reform. Officer, National Aeronautics and Space Ad- ting the Department’s final rule — Suspen- 8682. A letter from the Presiding Governor, ministration, transmitting the Administra- sion of Community Eligibility [Docket ID: Broadcasting Board of Governors, transmit- tion’s final rule — Update of Existing Pri- FEMA-2012-0003] [Internal Agency Docket ting the semiannual report on the activities vacy Act — NASA Regulations [Document No.: FEMA-8257] received November 28, 2012, of the Office of Inspector General for the pe- Number NASA-NASA-2012-0005] (RIN: 2700- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- riod from April 1, 2012 to September 30, 2012, AD86) received November 28, 2012, pursuant mittee on Financial Services. pursuant to 5 U.S.C. app. (Insp. Gen. Act), to 5 U.S.C. 801(a)(1)(A); to the Committee on 8672. A letter from the Assistant Secretary section 5(b); to the Committee on Oversight Oversight and Government Reform. For Export Administration, Department of and Government Reform. 8693. A letter from the Chairman, National Commerce, transmitting the Department’s 8683. A letter from the Secretary, Depart- Labor Relations Board, transmitting the final rule — Addition of Certain persons to ment of Labor, transmitting the Semiannual Board’s semiannual report from the office of the Entity List [Docket No.: 12100957-2527-01] Report of the Inspector General for the pe- the Inspector General for the period April 1, (RIN: 0694-AF80) received November 28, 2012, riod April 1, 2012 through September 30, 2012, 2012 through September 30, 2012, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. app. (Insp. Gen. Act), 5 U.S.C. app. (Insp. Gen. Act), section 5(b); to mittee on Foreign Affairs. section 5(b); to the Committee on Oversight the Committee on Oversight and Govern- 8673. A letter from the Acting Director, and Government Reform. ment Reform. International Cooperation, Department of 8684. A letter from the Secretary, Depart- 8694. A letter from the Director, Office of Defense, transmitting Pursuant to Section ment of Veterans Affairs, transmitting the Personnel Management, transmitting the Of- 27(f) of the Arms Export Control Act and Inspector General’s semiannual report to fice’s final rule — Federal Employees Health Section 1(f) of Executive Order 11958, Trans- Congress for the reporting period April 1, Benefits Program Coverage for Certain mittal No. 10-12 informing of an intent to 2012 through September 30, 2012, pursuant to Intermittent Employees (RIN: 3206-AM74) re- sign the Capability Management Updates 5 U.S.C. app. (Insp. Gen. Act), section 5(b); to ceived November 28, 2012, pursuant to 5 Project Arrangement pursuant to the memo- the Committee on Oversight and Govern- U.S.C. 801(a)(1)(A); to the Committee on randum of the Understanding between Aus- ment Reform. Oversight and Government Reform. tralia, Canada, Denmark, Republic of Italy, 8685. A letter from the Senior Counsel for 8695. A letter from the Director, Pension Kingdom of Norway, United Kingdom, and Regulatory Affairs, Department of the Benefit Guaranty Corporation, transmitting the United States; to the Committee on For- Treasury, transmitting the Department’s the Corporation’s Performance and Account- eign Affairs. final rule — Federal Benefit Payments Under ability Report for fiscal year 2012, as re- 8674. A letter from the Assistant Secretary, Certain District of Columbia Retirement quired under OMB Circular No. A-11 and Legislative Affairs, Department of State, Plans (RIN: 1505-AC02) received November 28, A136; to the Committee on Oversight and transmitting Transmittal No. DDTC 12-145, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Government Reform. pursuant to the reporting requirements of Committee on Oversight and Government 8696. A letter from the Vice Chairman, Section 36(d) of the Arms Export Control Reform. Postal Service, transmitting the Semiannual Act; to the Committee on Foreign Affairs. 8686. A letter from the Special Assistant to Report of the Inspector General for the pe- 8675. A letter from the Assistant Secretary, the President and Director, Executive Office riod of April 1, 2012 through September 30, Legislative Affairs, Department of State, of the President, Office of Administration, 2012, pursuant to 5 U.S.C. app. (Insp. Gen. transmitting pursuant to section 3(d) of the transmitting accounting expenditures from Act), section 5(b); to the Committee on Over- Arms Export Control Act, as amended, cer- the Unanticipated Needs Account for fiscal sight and Government Reform. tification regarding the proposed transfer of year 2012, pursuant to 3 U.S.C. 108; to the 8697. A letter from the Branch Chief, En- major defense equipment (Transmittal No. Committee on Oversight and Government dangered Species Listings, Department of RSAT-12-2912); to the Committee on Foreign Reform. the Interior, transmitting the Department’s Affairs. 8687. A letter from the Chairman, Federal final rule — Endangered and Threatened 8676. A letter from the Assistant Legal Ad- Labor Relations Authority, transmitting the Wildlife and Plants; Designation of Revised viser for Treaty Affairs, Department of semiannual report of the Inspector General Critical Habitat for the Northern Spotted State, transmitting report prepared by the of the Federal Labor Relations Board for the Owl [FWS-R1-ES-2011-0112] (RIN: 1018-AX69) Department of State concerning inter- period April 1, 2012 through September 30, received November 29, 2012, pursuant to 5 national agreements other than treaties en- 2012, pursuant to 5 U.S.C. app. (Insp. Gen. U.S.C. 801(a)(1)(A); to the Committee on Nat- tered into by the United States to be trans- Act), section 5(b); to the Committee on Over- ural Resources. mitted to the Congress within the sixty-day sight and Government Reform. 8698. A letter from the Acting Deputy Di- period specified in the Case-Zablocki Act; to 8688. A letter from the Chairman, Federal rector, Office of Sustainable Fisheries, the Committee on Foreign Affairs. Maritime Commission, transmitting the NMFS, National Oceanic and Atmospheric

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A11DE7.001 H11DEPT1 pwalker on DSK7TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — HOUSE H6701 Administration, transmitting the Adminis- for printing and reference to the proper which includes an implied power for the Con- tration’s final rule — Fisheries of the Exclu- calendar, as follows: gress to regulate the conduct of the United sive Economic Zone Off Alaska; Pollock in Mr. SESSIONS: Committee on Rules. H. States with respect to foreign affairs. Statistical Area 620 in the Gulf of Alaska Res. 827. A resolution providing for consider- By Mr. HERGER: [Docket No.: 111207737-2141-02] (RIN: 0648- ation of motions to suspend the rules (Rept. H.R. 6645. XC319) received December 7, 2012, pursuant 112–700). Referred to the House Calendar. Congress has the power to enact this legis- to 5 U.S.C. 801(a)(1)(A); to the Committee on lation pursuant to the following: Natural Resources. f Article I, Section 8, Clause 1. 8699. A letter from the Acting Deputy Di- PUBLIC BILLS AND RESOLUTIONS By Mr. BUCHANAN: rector, Office of Sustainable Fisheries, H.R. 6646. NMFS, National Oceanic and Atmospheric Under clause 2 of rule XII, public Congress has the power to enact this legis- Administration, transmitting the Adminis- bills and resolutions of the following lation pursuant to the following: tration’s final rule — Fisheries of the Exclu- titles were introduced and severally re- Article I, Section 9 of the U.S. Constitu- sive Economic Zone Off Alaska; Pacific Cod ferred, as follows: tion. by Catcher/Processors Using Trawl Gear in By Mr. BERMAN (for himself and Mr. By Mr. SAM JOHNSON of Texas: the Western Regulatory Area of the Gulf of CONNOLLY of Virginia): H.R. 6647. Alaska [Docket No.: 111207737-2141-02] (RIN: H.R. 6644. A bill to establish a framework Congress has the power to enact this legis- 0648-XC211) received December 7, 2012, pursu- for effective, transparent, and accountable lation pursuant to the following: ant to 5 U.S.C. 801(a)(1)(A); to the Committee United States foreign assistance, and for Article I, Section 8, Clause 1. on Natural Resources. other purposes; to the Committee on Foreign By Mr. KUCINICH: 8700. A letter from the Acting Deputy Di- Affairs, and in addition to the Committees H.R. 6648. rector, Office of Sustainable Fisheries, on Ways and Means, Oversight and Govern- Congress has the power to enact this legis- NMFS, National Oceanic and Atmospheric ment Reform, Armed Services, and Rules, for lation pursuant to the following: Administration, transmitting the Adminis- a period to be subsequently determined by Article 1, Section 8, Clause 7 which pro- tration’s final rule — Magnuson-Stevens Act the Speaker, in each case for consideration vides Congress with the power to establish Provisions; Fisheries Off the West Coast of such provisions as fall within the jurisdic- and regulate the United States postal sys- States; Pacific Coast Groundfish Fishery; tion of the committee concerned. tem. Pacific Whiting and Non-Whiting Alloca- By Mr. HERGER: By Ms. ROS-LEHTINEN: tions; Pacific Whiting Seasons [Docket No.: H.R. 6645. A bill to amend title XVIII of the H.R. 6649. 100804324-1265-02] (RIN: 0648-XC302) received Social Security Act to save and strengthen Congress has the power to enact this legis- December 7, 2012, pursuant to 5 U.S.C. the Medicare program; to the Committee on lation pursuant to the following: 801(a)(1)(A); to the Committee on Natural Ways and Means, and in addition to the Com- Article I, section 8 of the constitution. Resources. mittees on Energy and Commerce, and f 8701. A letter from the Chief Counsel, Rules, for a period to be subsequently deter- FEMA, Department of Homeland Security, mined by the Speaker, in each case for con- ADDITIONAL SPONSORS transmitting the Department’s final rule — sideration of such provisions as fall within Under clause 7 of rule XII, sponsors Debris Removal: Eligibility of Force Ac- the jurisdiction of the committee concerned. count Labor Straight-Time Costs under the By Mr. BUCHANAN (for himself and were added to public bills and resolu- Public Assistance Program for Hurricane Mr. JONES): tions as follows: Sandy [Docket ID: FEMA-2012-0004] (RIN: H.R. 6646. A bill to prohibit United States H.R. 181: Mr. TIERNEY. 1660-AA75) received November 26, 2012, pursu- assistance to the country of Egypt; to the H.R. 1448: Mr. DEFAZIO. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Foreign Affairs. H.R. 1897: Mr. FRANKS of Arizona and Mr. on Transportation and Infrastructure. By Mr. SAM JOHNSON of Texas (for DOGGETT. 8702. A letter from the Chief, Publications himself, Mr. BRADY of Texas, and Mr. H.R. 2104: Mr. LATHAM. and Regulations, Internal Revenue Service, MARCHANT): H.R. 2595: Ms. ESHOO. transmitting the Service’s final rule — H.R. 6647. A bill to rename section 219(c) of H.R. 2701: Mr. CICILLINE. Branded Prescription Drug Fee; Guidance for the Internal Revenue Code of 1986 as the Kay H.R. 2770: Mr. CRAVAACK. the 2013 Fee Year [Notice 2012-74] received Bailey Hutchison Spousal IRA; to the Com- H.R. 3014: Mr. DAVIS of Illinois. November 29, 2012, pursuant to 5 U.S.C. mittee on Ways and Means. H.R. 3506: Mr. YODER. 801(a)(1)(A); to the Committee on Ways and By Mr. KUCINICH: H.R. 3627: Mr. BLUMENAUER. Means. H.R. 6648. A bill to provide for the estab- H.R. 3652: Mr. GOODLATTE. 8703. A letter from the Chief, Publications lishment of the Post Office Consumer Action H.R. 3713: Mr. BURTON of Indiana and Mr. and Regulations, Internal Revenue Service, Group, Incorporated; to the Committee on CARNAHAN. transmitting the Service’s final rule — Up- Oversight and Government Reform. H.R. 4209: Mr. WELCH. date of Weighted Average Interest Rates, By Ms. ROS-LEHTINEN (for herself H.R. 4216: Ms. LINDA T. SA´ NCHEZ of Cali- Yield Curves, and Segement Rates [Notice and Mr. BERMAN): fornia. 2012-66] received December 7, 2012, pursuant H.R. 6649. A bill to provide for the transfer H.R. 4336: Mr. BILIRAKIS. to 5 U.S.C. 801(a)(1)(A); to the Committee on of naval vessels to certain foreign recipients; H.R. 4390: Mr. CUMMINGS. Ways and Means. to the Committee on Foreign Affairs. H.R. 5741: Mr. WELCH. 8704. A letter from the Chief, Publications By Mr. KUCINICH (for himself, Mr. H.R. 5943: Mr. LOEBSACK. and Regulations, Internal Revenue Service, CARSON of Indiana, Mr. CONYERS, Mr. H.R. 6154: Mr. SCHWEIKERT and Mr. PASTOR transmitting the Service’s final rule — Sal- MICHAUD, and Mr. MORAN): of Arizona. vage Discount Factors and Payment Pat- H. Res. 828. A resolution calling for the un- H.R. 6322: Mr. HARPER. terns for 2012 (Rev. Proc. 2012-45) received conditional release of Nasrin Sotoudeh and H.R. 6364: Mr. GRAVES of Missouri and Mrs. December 7, 2012, pursuant to 5 U.S.C. all prisoners of conscience in Iran, and the HARTZLER. 801(a)(1)(A); to the Committee on Ways and utilization by the United States of direct H.R. 6388: Ms. ZOE LOFGREN of California. Means. multilateral and bilateral with H.R. 6437: Mr. CONNOLLY of Virginia and 8705. A letter from the Chief, Publications Iran to address Iran’s human rights situa- Ms. MCCOLLUM. and Regulations, Internal Revenue Service, tion; to the Committee on Foreign Affairs. H.R. 6446: Mr. GUTHRIE. transmitting the Service’s final rule — 2012 H.R. 6490: Mr. SHUSTER, Mr. GRAVES of Base Period T-Bill Rate (Rev. Rul. 2012-22) f Georgia, Mr. TURNER of New York, Ms. PIN- received December 7, 2012, pursuant to 5 CONSTITUTIONAL AUTHORITY GREE of Maine, Ms. TSONGAS, Mr. PLATTS, U.S.C. 801(a)(1)(A); to the Committee on STATEMENT Mr. LUETKEMEYER, Mr. BILIRAKIS, Mr. ROG- Ways and Means. ERS of Michigan, Mrs. CAPITO, and Mr. ACK- 8706. A letter from the Chief, Publications Pursuant to clause 7 of rule XII of ERMAN. and Regulations Branch, Internal Revenue the Rules of the House of Representa- H.R. 6504: Mr. KEATING. Service, transmitting the Service’s final rule tives, the following statements are sub- H.R. 6575: Mr. BOSWELL, Mr. KING of Iowa, — 2012-2013 Special Per Diem Rates [Notice mitted regarding the specific powers and Mr. LOEBSACK. 2012-63] received December 7, 2012, pursuant granted to Congress in the Constitu- H.R. 6590: Mr. CARNEY, Ms. NORTON, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on tion to enact the accompanying bill or CICILLINE, Mr. SCOTT of Virginia, and Mr. Ways and Means. joint resolution. RUSH. f By Mr. BERMAN: H.R. 6613: Mr. LYNCH. REPORTS OF COMMITTEES ON H.R. 6644. H.R. 6628: Mr. MICHAUD and Mr. COSTA. PUBLIC BILLS AND RESOLUTIONS Congress has the power to enact this legis- H. Con. Res. 116: Mr. MCDERMOTT. lation pursuant to the following: H. Con. Res. 142: Mr. TERRY, Mr. GUTHRIE, Under clause 2 of rule XIII, reports of This bill is introduced pursuant to the au- Mr. NUNNELEE, Mrs. BLACKBURN, Mr. OLSON, committees were delivered to the Clerk thority delineated in Article I section I, and Mr. PEARCE.

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H. Res. 193: Ms. ROS-LEHTINEN, Mr. BER- ida, Mr. CICILLINE, Mr. SIRES, Mr. SHERMAN, H. Res. 824: Mr. WALBERG, Mrs. MYRICK, MAN, Mr. ENGEL, Mr. JONES, Mr. OLVER, Mr. Mr. MCGOVERN, Ms. SCHWARTZ, Mr. LYNCH, Mr. MULVANEY, Mr. SCHOCK, Mrs. LUMMIS, TOWNS, Mr. MARKEY, Mr. KEATING, Ms. Mr. MILLER of North Carolina, Mr. WELCH, Mr. MANZULLO, Mr. FLORES, Mr. NEUGE- BORDALLO, Mr. CONYERS, Mr. CAPUANO, Mr. Mr. PETERS, Mrs. MALONEY, and Mr. MEEKS. BAUER, Mr. SMITH of New Jersey, Mr. BRADY KILDEE, Mr. ACKERMAN, Ms. BROWN of Flor- of Texas, and Mr. SAM JOHNSON of Texas.

VerDate Mar 15 2010 01:25 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A11DE7.008 H11DEPT1 pwalker on DSK7TPTVN1PROD with E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, TUESDAY, DECEMBER 11, 2012 No. 159 Senate The Senate met at 10 a.m. and was Mr. WEBB thereupon assumed the won’t go into the details of everything called to order by the Honorable JIM chair as Acting President pro tempore. I said, but the Senator from Virginia WEBB, a Senator from the Common- f knows—I came out of that meeting rec- wealth of Virginia. ognizing what kindred spirits these two RECOGNITION OF THE MAJORITY gallant warriors were and are, both PRAYER LEADER having been highly decorated, one in The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- the Navy, the other a marine; one with fered the following prayer: pore. The majority leader is recog- a Medal of Honor, the other—the Act- Let us pray. nized. ing President pro tempore—the Navy Gracious God, infuse our Senators f Cross, Silver Star, more than one with the spirit of peace in the midst of Bronze Star for Valor, and a number of SCHEDULE the twists and turns of these uncertain Purple Hearts. times as You guide them to do what is Mr. REID. Mr. President, following So I say again, but I can’t say it too best for this land we love. Lord, guide leader remarks we will be in a period of much, what an honor and pleasure it them beyond the meager resources of morning business for 1 hour. The ma- has been to serve in this body with the their talents so they will trust and jority will control the first half, the Senator from Virginia, JIM WEBB. I lean on You. Give them the wisdom to Republicans the final half. Following have learned so much about what a dif- believe that in every circumstance You morning business we will resume con- ference a positive attitude will make. can provide them exactly what they sideration of the motion to proceed to And there is no better example of that need. May they find opportunities to S. 3637. than the new GI bill of rights. To think honor You in each challenge they face The Senate will recess as we nor- a new Senator—a brand new Senator— as You empower them to lift burdens mally do on Tuesdays from 12:30 p.m. would have the idea, the confidence that are heavier than they can bear. to 2:15 p.m. to allow for our weekly that he could do this; not only the con- We pray in Your sacred Name. Amen. caucus meetings. fidence that this bill is important, but f At 2:15 p.m. there will a cloture vote he wrote it himself. The Acting Presi- PLEDGE OF ALLEGIANCE on the motion to proceed to S. 3637. dent pro tempore wrote that bill him- There could be additional votes today. self. He didn’t go to bill drafters, as The Honorable JIM WEBB led the f most of us do, he wrote it himself and Pledge of Allegiance, as follows: proceeded to get it passed. So this is a TRIBUTES TO DEPARTING I pledge allegiance to the Flag of the man I will miss a whole lot. United States of America, and to the Repub- SENATORS lic for which it stands, one nation under God, DANIEL AKAKA JIM WEBB indivisible, with liberty and justice for all. Mr. President, I want to spend a lit- Mr. REID. Mr. President, I would f tle time today talking about the junior note the Acting President pro tempore Senator from Hawaii, DANIEL AKAKA, APPOINTMENT OF ACTING today. I had the good fortune of being as he retires from a life dedicated to PRESIDENT PRO TEMPORE able to come to the floor last week to his community and this country. The PRESIDING OFFICER. The talk about the Acting President pro Senator AKAKA’s service to this Na- clerk will please read a communication tempore’s tenure in the Senate—some 6 tion began during wartime, when he to the Senate from the President pro years—and I talked about some of the was a teenager. He graduated from tempore (Mr. INOUYE). many accomplishments he had in that high school and the war was ongoing. The legislative clerk read the fol- relatively short period of time, as we Of course, people were watching Hawaii lowing letter: call Senate time. very closely because they had such a U.S. SENATE, But I am reminded again of the Sen- huge Asian population—a huge Japa- PRESIDENT PRO TEMPORE, ator from Virginia, having spent an nese-American population. So it was Washington, DC, December 11, 2012. hour on Friday with Bob Kerrey. Bob watched very closely, and for reasons To the Senate: Kerrey and I reflected back on his ex- that weren’t valid, but that is what we Under the provisions of rule I, paragraph 3, perience here in the Senate, and one did then. of the Standing Rules of the Senate, I hereby memorable meeting he and I had. The DAN AKAKA spent 2 years as a civilian appoint the Honorable JIM WEBB, a Senator from the Commonwealth of Virginia, to per- purpose of that meeting was for Bob worker with the U.S. Army Corps of form the duties of the Chair. Kerrey to introduce me to Senator Engineers and 2 years on active duty in DANIEL K. INOUYE, WEBB. It was a wonderful meeting be- the U.S. Army. His duties with the President pro tempore. cause when the meeting finished—and I Army, as I recall, having talked to DAN

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

S7711

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VerDate Mar 15 2010 00:20 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.000 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7712 CONGRESSIONAL RECORD — SENATE December 11, 2012 AKAKA, were to protect the water in named Anthony from Chicago, as I in- So when it came to offering his idea Honolulu. dicated, came to visit DAN’s brother of a balanced approach, the President After the war, DAN attended the Uni- and he never left. Anthony became was vague about cuts but very specific versity of Hawaii, using the original GI such a part of that family that, before in his request for more government bill. Years later, he would receive his he died, he wanted to make sure he was spending—something no reasonable master’s degree from the University of buried in Hawaii. He wanted to be bur- person had publicly contemplated pre- Hawaii as well as his bachelor’s dis- ied with DAN’s siblings and family in viously. It raises the question: Do agree. Senator AKAKA believes he Hawaii. And he was. Democrats even believe their own rhet- would never have become a U.S. Sen- Senator AKAKA served as choir direc- oric on spending? Or, contrary to the ator if not for the GI benefits he re- tor of the Hawaii Christian mother clear wishes of the majority of Ameri- ceived through his service in the mili- church, where his brother was min- cans, do they just want more tax rev- tary. That is why, as a member and ister. His brother was minister there enue to fund a government without any past chairman of the Veterans’ Affairs for some 17 years. Senator AKAKA is limits—any limits whatsoever—which Committee, he has worked to make im- still a member of that church. keeps getting bigger and bigger with portant improvements to the 21st Cen- He is blessed with a wonderful family every passing year? tury GI Bill. Today’s GI bill is mod- as well as a rewarding career. He and Think about it. The Federal Govern- eled, after the work done by JIM WEBB, his wife Millie have 5 children, 15 ment spent $1.8 trillion in 2001, and last after the educational opportunity pro- grandchildren, and 14 great-grand- year—10 years later—$3.6 trillion. children. gram that DAN took advantage of when These are nominal dollars, I realize, Senator AKAKA has served his con- he was a young boy. but by any measure the size of govern- stituents well and with distinction. He Senator AKAKA was chairman of the ment has grown well beyond its means. Veterans’ Affairs Committee from 2007 has served not only his constituents and the State of Hawaii but our coun- Government spending is completely to 2010, as thousands and thousands of and totally out of control and we need Iraqi and Afghanistan veterans were try with distinction. He has enjoyed a long and productive career and his to start acting like it. coming home from combat. As Demo- Yesterday the Government Account- crats collectively worked to bring our presence in the Senate will be missed. I offer congratulations to Senator ability Office revealed that govern- troops home from Iraq, DAN AKAKA la- AKAKA on his dedicated military and ment workers and private contractors bored with the Veterans’ Administra- public service and wish him and Millie are doing the same exact work on Med- tion to meet the needs and challenges happiness in their retirement. icaid claims, leading to billions in of a new generation of veterans. The f waste. Meanwhile, Senator COBURN has 21st Century GI Bill ensures those vet- shown all of us some of the ridiculous erans get the educational opportunities RECOGNITION OF THE MINORITY things taxpayers are paying for with they deserve. LEADER their tax dollars—some of the things DAN so valued his own education that The ACTING PRESIDENT pro tem- that caused us to spend a trillion dol- he went on to serve his community as pore. The minority leader is recog- lars more than we take in every single a teacher after he graduated from col- nized. year. lege. He became a principal, worked for f Last year he put out a report show- the Department of Health, Education THE FISCAL CLIFF ing how we could save more than $100 and Welfare, and the Hawaii Office of billion—about one-tenth of the annual Economic Opportunity. He served 14 Mr. MCCONNELL. Mr. President, deficit—by eliminating duplicative and years in the House of Representatives with the fiscal cliff fast approaching, I overlapping government programs. We before he was appointed to the Senate feel the need to point out something have 94 Federal initiatives aimed at en- in 1990. He won election to the Senate this morning that is perfectly obvious couraging green building through 11 later that year. to most Americans but which Demo- different Federal agencies. We have 14 As chairman of the Indian Affairs crats in Washington still don’t seem to programs with the sole purpose of re- Committee, DAN has been a strong grasp. I am referring to the fact that ducing diesel emissions. voice and tireless advocate for Native any solution to our spending and debt A few weeks ago Senator COBURN Americans. He has taught us all about problem has to involve cuts to out-of- issued a study that showed taxpayers history—the history of Hawaii and its control Washington spending. native communities, as well as the I know that might sound obvious to are funding Moroccan pottery classes, issues facing indigenous Hawaiians most people, but for all the President’s promoting shampoo and other beauty today. talk about the need for a balanced ap- products for cats and dogs, and a video Senator AKAKA is a descendent of na- proach, the truth is he and his Demo- game that allows them to relive prom tive Hawaiians. He is 75 percent Hawai- cratic allies simply refuse to be pinned night. ian and he has Hawaiians on both sides down on any spending cuts. Americans Taxpayers also just spent $325,000 on of his family. He is very proud of his overwhelmingly support some level of a robotic squirrel named Robo-Squir- heritage. DAN was the first Native Ha- cuts to government spending as part of rel. The President just sent us a 73- waiian in the Senate. a plan to cut the Federal deficit. Yet page report detailing how $60 billion in He is also a deeply religious man who the President will not commit to it. He Sandy funds would be spent. Don’t you comes from a strong faith tradition. refuses to lead on the issue. The Presi- think he could put together a list of His devout mother taught her children dent seems to think if all he talks spending cuts that would at least in- a custom of charity. His mother was about is taxes, and that is all reporters clude Robo Squirrel? really a soft touch. Anyone coming by write about, somehow the rest of us We are still waiting. Why? Because with a sad story, she would invite them will magically forget that government for Democrats apparently every dollar in. Sometimes her hospitality only al- spending is completely out of control in Federal spending is sacred; once se- lowed her—because she had nothing and that he himself has been insistent cured, it can’t be cut. That is why we else—to give them something to drink. on balance. have trillion-dollar deficits. The truth His family was very poor when he was A couple of weeks ago we saw his is, until the President gets specific young. But DAN was able to work plan. After four straight trillion-dollar about cuts, nobody should trust Demo- through this. Even if his mother had deficits and 2 years of running around crats to put a dime in new revenue to- spent the grocery money for the calling for a balanced approach to ward real deficit reduction or to stop month, strangers were always welcome bring those deficits under control, we their shakedown of the taxpayers at at her table. saw his idea of balance—a $1.6 trillion the top 2 percent. As one liberal law- A friend of DAN’s brother came to Ha- tax hike, new and totally unprece- maker put it last week, that’s just the waii from Chicago for a very brief pe- dented power to raise the Federal debt beginning. riod of time, and his mother took him limit at his whim, and a $50 billion When it comes to deficit deals, the in. He never left. He basically was stimulus for infrastructure; in other taxpayers need to trust but verify. On raised in the Akaka home. A boy words, even more spending. cuts, that means specifics.

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.002 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7713 RICHARD LUGAR Trent Lott sat next to him on the Senator LUGAR has put his extraor- Mr. President, as we enter the final plane once and was horrified at the dinary talent to the service of this in- weeks of the 112th Congress, one of the way he tore out the pages and scribbled stitution and his fellow countrymen, toughest tasks for me is saying good- notes on them. We all know Trent and I have no doubt he will be remem- bye to colleagues who will not be with would never be so indelicate. bered as one of the best. us at the start of the next Congress. Senator LUGAR has always had a Senator LUGAR would probably tell I would like to kick it off this morn- global view. It started during his days us his greatest achievement was ing by spending just a few minutes as a Rhodes Scholar and an intel- marrying Char. They have been mar- bragging on my longtime friend and ligence briefer in the Navy and he ried now for more than 50 years. They neighbor to the north, Senator DICK brought that global view back to Indi- are proud of their four sons and their 13 LUGAR. ana. After the untimely death of his grandchildren, and they can be proud Let me start by saying I am grateful dad, DICK and his brother took over the of the great teamwork they have had to have served alongside this good man family business and reinvented it from together over the years, from their and to have had a front-row seat for a struggling domestic operation to a time as co-presidents of their senior much of his illustrious career. global leader in the manufacture of class at Denison University. Char and To give an idea of the kind of career baking machinery. the boys were involved in all his cam- DICK LUGAR has had, consider this: He He went from success to success, paigns. The Senate family is sad to see was an Eagle Scout, first in his class in moving from a seat on the Indianapolis them go as well. high school, first in his class in college, school board into the mayor’s office, Senator, you are a treasure to the a Rhodes Scholar, Naval intelligence and then, in 1996, on to the Senate. Senate and a model of the public serv- briefer, corporate turnaround artist, What a Senate career it has been. ant. We are sorry to see you go, and I For my part, I think Senator LUGAR’s and big-city mayor. That was all by am sorry to lose your wise counsel. I achievement in passing the Nunn- the age of 35. He has excelled at every- know that whatever you turn to next, Lugar Cooperative Threats Reduction thing he has ever done. Most incred- you will be a great success, and I look Program in 1991 was a great achieve- ibly, he has done it with perfectly forward to hearing all about it. Thank ment, not just for himself but for the smooth elbows. Walk into any office on you for your tremendous service to this entire world. Capitol Hill and you would not find a body, to the State of Indiana, and to single person who would say a bad word The Nunn-Lugar program provides assistance to former Soviet states such the Nation. about DICK LUGAR. He has earned the respect and admiration of everyone as Russia, Ukraine, Kazakhstan, and f Belarus in helping them dismantle and who ever crossed his path. I assure you, RESERVATION OF LEADER TIME in the world of politics, that is nothing destroy their nuclear, chemical, and bi- ological weapons, in order to prevent The ACTING PRESIDENT pro tem- short of a miracle. Now DICK has de- them from coming under the control of pore. Under the previous order, the cided to press his luck. He is moving terrorists. leadership time is reserved. into the only line of work where rival- As of 2011, Nunn-Lugar has deacti- f ries are even more vicious than in poli- vated over 7,600 strategic warheads, 791 tics—he is becoming a college pro- intercontinental ballistic missiles, 669 MORNING BUSINESS fessor. submarine-launched ballistic missiles, The ACTING PRESIDENT pro tem- DICK and I go all the way back to my 32 nuclear submarines, and 194 nuclear pore. Under the previous order, the first Senate race in 1984. He was the test tunnels. It has neutralized 1,395 head of the NRSC at the time. He took Senate will be in morning business for metric tons of chemical weapons, and 1 hour, with Senators permitted to a chance on me, and I have always been it has certified that the countries of grateful. He has been a friend ever speak therein for up to 10 minutes, the the Ukraine, Kazakhstan, and time equally divided and controlled be- since. Belarus—which once held the third, A lot of Hoosiers cross the Ohio River tween the two leaders or their des- fourth, and eighth largest nuclear arse- ignees, with the majority controlling every day to work in Kentucky, but it nals in the world, respectively—are is not often a Hoosier Senator crosses the first half. now nuclear-free. What an incredible The Senator from Illinois. it to help a Kentuckian making his legacy. first bid for the Senate. Since we are After the September 11 attacks, Sen- f from neighboring States, our work in ator LUGAR called for and helped pass RICHARD LUGAR the Senate has often overlapped over the expansion of the Nunn-Lugar ap- the years. I truly lucked out. DICK has proach, resulting in the Global Threat Mr. DURBIN. Mr. President, let me always been helpful and cooperative Reduction Initiative, which aims to first echo the comments of the Repub- and a perfect gentleman. prevent chemical and biological weap- lican leader, Senator MCCONNELL, With his six terms in the Senate, ons from falling into the hands of ter- about our colleague and friend, Senator Senator LUGAR is the longest serving rorists. He has been a leader in Con- DICK LUGAR of Indiana. Member of Congress in Indiana history. gress on the issue of ensuring food safe- It has been my good fortune now for He ranks 10th on the list of Senators ty and supply internationally for some 16 years to serve in the Senate who have cast the most rollcall votes. years. with Senator DICK LUGAR and to come As the longtime chair or ranking It is the mark of a leader that he to know him and his wife Char and, member on the Foreign Relations Com- thinks not only of his own moment in more importantly, to come to know mittee, he has become one of America’s time but of the future of his commu- their work together on behalf of Indi- most respected voices on matters per- nity and of his fellow man, here and ana and the United States. DICK LUGAR taining to foreign policy. Indeed, Sen- around the world. I think it is safe to is truly a giant in the Senate. We are ator LUGAR commands the highest re- say few Senators embody that spirit as going to miss him. There aren’t many spect not only from his peers in the fully as Senator LUGAR. That is not with the vision of DICK LUGAR. Senate but around the world, for his just my opinion. For his work to make There is something about standing in deep knowledge of foreign policy, na- the world a safer place, Senator LUGAR the middle of this country, Adlai Ste- tional security, agriculture, and trade. has been justly nominated for the venson II once noted, with the To a lot of liberals, he is a walking Nobel Peace Prize. flatlands all around you that gives you contradiction: a Republican intellec- Senator LUGAR was first elected to a perspective on the world a little dif- tual. He has always worn that reputa- the Senate in 1976 and has served for ferent. DICK LUGAR’s perspective on the tion lightly. Anyone who has ever been six terms. He is beloved in his home world has been so insightful and so im- on a CODEL with DICK has seen his State of Indiana and in bordering Ken- portant for decades. method. He stuffs his carry-on to the tucky too. There is not only a lot of His work with Senator Nunn in deal- point of bursting with memos, news- admiration but a lot of affection for ing with the proliferation of nuclear papers, magazines, journals, reports, this giant of the Senate just south of weaponry and the dissolution of the survey data, you name it. Apparently, Hoosier territory. Soviet Union was truly historic and

VerDate Mar 15 2010 00:20 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.004 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7714 CONGRESSIONAL RECORD — SENATE December 11, 2012 may have saved the world from catas- which he shared with us one afternoon that, frankly, ruled in this country at trophe time and again. He reached out at a lunch—is a tradition of giving and a period of time when we had more jobs to a young Senator from Illinois by the hospitality which we find built in to and businesses created than ever in re- name of and took him DANNY AKAKA. We are going to miss cent history. on a congressional delegation tour to him. A second argument that was made by look into this issue. I think at the end JIM WEBB the Republican leader is that there is a of the day their friendship was solid, To the Presiding Officer—I said a few proposal from the President to raise and President Obama notes it was one words on the floor before—we thank the debt ceiling at his whim. Those are of the more important overseas visits you for your service. You did an ex- his words. I beg to differ. What the he made as a Member of the Senate. traordinary job here. There aren’t President has proposed is exactly the I know DICK LUGAR as well from the many one-termers who make a mark in McConnell procedure. Senator MCCON- many times we came together with our the Senate and on the Nation. You did NELL of Kentucky suggested to us that wives at the Aspen Institute. It is truly it. we have a process for extending the unfortunate that there aren’t more I can remember—I thought it was a debt ceiling that allows Members of Senators participating in the Aspen In- little bold of you, maybe even more— Congress to vote to approve or dis- stitute. It is a meeting, usually over- when you came in and said: I want to approve and ultimately for the Presi- seas, of members of the Senate and rewrite the GI bill, and you did it and dent to decide whether to sign into their spouses with experts to discuss it was exceptional. You have helped law—their resolution of disapproval, some of the most important problems thousands of men and women who have for example. That, of course, could lead facing us in this world. No lobbyists served in our military come back to to a veto and another opportunity for are allowed to attend; it is truly 2 or 3 America and be welcomed and be pro- Congress to vote again. days of work. But it is also a time in ductive parts of our future. This was a process Senator MCCON- the evening to sit together and come to In so many ways, I wish to thank NELL suggested. It was a way out of a know a family. Loretta and I have Senator JIM WEBB, our Presiding Offi- bind when the House Republicans and come to know Char and DICK LUGAR as cer, for being an important and viable others threatened to shut down the exceptional people. Char and I would part of the Senate. I know you will economy over the debt ceiling exten- sit and talk about books—which she continue to serve our Nation in many sion, which is, in fact, the mortgage of loves to read and I do too—and DICK different capacities in the future, and I the United States of America. It would and I would talk about the topic of the am sure they will be equally excep- have otherwise led to the first major day, and we created a bond of friend- tional. default on America’s debt in our his- ship in those experiences. f tory, with calamitous results when it He has done so much work in the came to the impact on our economy. Senate, as Senator MCCONNELL noted, THE FISCAL CLIFF For the Republican leader to come to starting as the mayor of Indianapolis Mr. DURBIN. Mr. President, I have to the floor and criticize the very same and working his way up to the Senate. answer some of the comments made procedure he suggested and voted for I He became a powerful force in the Sen- earlier by the Republican leader as he think is hard to understand and ex- ate Foreign Relations Committee, and talked about the state of negotiations plain. Last week he came to the floor I was honored to serve on that com- between the President and Congress as and suggested that we enshrine it in mittee over the last several years and we face the fiscal cliff. He said at one law. He offered the bill on the floor. watch his work unfold and evolve. point that the President is calling for Senator REID came and said: We accept DICK LUGAR is going on to great raising taxes $1.6 trillion. That is true. your invitation, and we will take a things, I am sure. This is not the end of But I would call to his attention that rollcall vote on that, at which point his service to our country. I wish him the Simpson-Bowles Commission sug- Senator MCCONNELL filibustered his and Char the very best, whatever their gested that 40 percent of the $4 trillion next undertaking may be. own bill that he had introduced, I re- As you receive praise from the Sen- in deficit reduction comes from rev- call, earlier in the day. I think he made ator from Kentucky to the south of In- enue and taxes. What the President is history in the Senate, filibustering his diana, accept some from the Senator suggesting is entirely consistent with own bill when we had a chance to vote from west of Indiana in the State of Il- that bipartisan group’s call for more and pass it. I would say this notion that the linois. I am honored to count DICK revenue and taxes as part of our deficit President is looking for an extraor- LUGAR as a friend, and I am sure going reduction. to miss you. You have been an extraor- The President has made it clear, dinary power when it comes to the debt dinary ally and colleague on so many though, that he wants to protect and ceiling is not quite accurate. I say to important issues. insulate middle-income families from the Senator from Kentucky, if we ac- any income tax increases, and I agree cept your approach to it, it will give DANIEL AKAKA Mr. President, I also add my com- with him. We should not raise the in- the Senate and House a voice, but we ments in chorus to what the majority come taxes on those making less than will not risk default. $250,000 a year. I voted that way in Third, the Senator from Kentucky leader said about Senator DAN AKAKA was lamenting the size of government of Hawaii. July. We sent the bill to the House. It I came to know him—and I have spo- sits there. It languishes in the House growth. When we took a look at the ken about this on the floor—and Millie because the Speaker will not call it. He last time we balanced the budget and who are the perfect Senate family. has his chance this week or next to call had a surplus in Washington, it was They have devoted a major part of that bill on the floor of the House of under President William Jefferson their lives to serving Hawaii and serv- Representatives to avoid any tax in- Clinton, a little over 12 years ago. ing in the national interest. crease on middle-income families. That What has happened to spending since The legacy Senator AKAKA leaves be- is an important bill for us to get done President Clinton’s balanced budget? It hind is substantial when it comes to before we leave at the end of this par- has gone up substantially. Where has it legislation, particularly in helping vet- ticular session of Congress. gone up? In domestic discretionary ac- erans and agricultural issues. But, Let me say that $1.6 trillion in taxes counts, which are often the target of more important, what DAN AKAKA over 10 years is not an unreasonable speeches like Senator MCCONNELL’s leaves behind is the feeling of kinship amount. The tax rate the President is today? No. That has basically been and camaraderie which he has with so asking for is the rate that was in place flatlined when you take inflation into many Members of the Senate. He is a during the expansive period in our consideration. The dramatic growth in stalwart at the Senate Prayer Break- economy under President Bill Clinton. government spending since we were fast, leading the singing every Wednes- To argue that the President has gone last in balance has been in two areas. day morning, and it is heartfelt and too far in asking for tax and revenue is One of those was in military spending. very genuine. to ignore the obvious. It is the same I might add that the reason it has As Senator REID mentioned earlier, percentage asked for by Simpson- grown dramatically is we have been at his family background of Hawaii— Bowles, if not less, and it is a tax rate war in Afghanistan and Iraq. The

VerDate Mar 15 2010 02:49 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.005 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7715 President has extricated us from Iraq, When it comes to the President’s Africa’s rural population has access to and we are in the process of leaving Af- offer, we need a bold approach again. clean water. These are signs of a grow- ghanistan. We need to contain the spending costs ing middle class. If you want to know why government as we already have, already cutting $1 China sees it. We have to see it. spending has gone up so fast, there has trillion in spending to date. We need to China is insinuating itself into the been a 64-percent increase in military have revenue sources, which the Presi- economy of major Africa nations. They spending since the budget was last in dent has asked for, and we need to look are offering concessional loans, and balance. There was no increase in do- at entitlement programs—I want to be they are offering their contractors, mestic discretionary spending when very specific—not entitlement cuts per their engineers, and their investment you take inflation into account but 64 se but entitlement reform. Untouched, in Africa. We are not. We are going to percent in military spending. That is Medicare runs out of money in 12 rue the day. Africa is a great oppor- why spending has gone up. Yet, when years. That is a challenge to each and tunity for us, and this bill addresses it. they suggest we will cut spending in every one of us today—not 12 years I sincerely hope my colleagues in the the sequester, people say: You cannot from now but today. What will we do in Senate will consider supporting this touch it; it has to continue to grow. I the next year, looking at entitlement greater exports to Africa trade bill. question that. I think we can be safe as programs such as Medicare, to make This is something we can do to in- a nation and really address the waste- sure they have a life well beyond 12 crease jobs in America, increase trade ful spending taking place in the Pen- years? I think that is a responsibility with Africa, and really build those tagon as well as every other govern- we should face squarely, and it should countries that share our values. The ment agency. be part of this deficit negotiation. I am difference between the United States, Where else is there a growth in gov- not for a quick fix that is introduced in China, and other countries? We come ernment spending? The same analysis the next couple of days or hours; rath- to the marketplace with values, and we by Senator INOUYE says that since the er, I would like to see a thoughtful re- have to make certain those values are budget was in balance, the expendi- pair and reform of Medicare and other protected and encouraged. We can only tures in entitlement spending have entitlement programs so they will con- do that if we are honest traders and we gone up 30 percent—30 percent. It is a tinue to be in service in the future. are actively engaged in expanding the substantial pool of money. Why? Be- f markets for our goods and services. cause yesterday 10,000 Americans Over the years and during my trav- reached the age of 65, today another GREATER EXPORTS TO AFRICA els, I have heard from African leaders 10,000, tomorrow another 10,000 and Mr. DURBIN. Mr. President, I have and American businesses the same every day for the next 18 years as the visited Africa many times. When I story—the U.S. has fallen woefully be- boomers arrive. To lament the growth have, I have left with an amazing im- hind other countries in its commercial in entitlements is to ignore the obvi- pression of this great continent and all engagement with Africa. And our gov- ous: we have more people calling on So- that it contains. It really does lure one ernment does not have a coordinated cial Security and Medicare for help. and draw you back to the different strategy to help match the aggressive People have paid into these systems for places in Africa that offer such a rich efforts of other nations trying to invest a lifetime and now—I think quite history but also offer great oppor- in Africa. In endorsing this bill, the rightfully—expect to be covered by the tunity. U.S. Chamber of Commerce has written same programs they have supported for What I find in Africa today is that that, ‘‘Congress has an opportunity to so many years in their working lives. China has an increasing presence on reverse this decline.’’ Is the Senator from Kentucky sug- that continent. China has a plan when But why would U.S. businesses and gesting that we need to cut back when it comes to the future of Africa. Amer- groups representing them, groups like it comes to eligibility in Social Secu- ica does not. That is why I am going to the U.S. Chamber of Commerce and the rity and Medicare? That would sure re- offer as an amendment to the TAG bill Corporate Council on Africa, think this strain the growth, but it would be fun- which is currently pending before the effort is so important? As I have said, damentally unfair and unwise to tell Senate the American Jobs Through in the past 10 years, 6 of the world’s people who paid in a lifetime to Social Greater Exports to Africa Act. My fastest growing economies are in Sub- Security and Medicare that now you do partners on the bill are Senators CHRIS Saharan Africa, and in the next 5 years not get your benefits. COONS, BEN CARDIN, JOHN BOOZMAN, and Sub-Saharan Africa will boast 7 of the Let’s be honest about the growth in MARY LANDRIEU, as well as support in top 10 fastest economies. government spending. When you have the House from Representative CHRIS From 2000 to 2009, the number of Afri- wars that you do not pay for, when you SMITH. cans with access to the internet has in- have entitlement programs created, At the heart of this bill is the cre- creased four-fold to 27 percent. such as the Medicare prescription Part ation of jobs in America. Exporting From 1998 to today, the number of D, unpaid for, when you have a growth more goods to Africa will help create mobile phones on the continent has in entitlements just by the demo- jobs here. Every $1 billion in exports grown from 4 million to more than 500 graphic growth in America, that ac- supports over 5,000 jobs. I believe we million, and 78 percent of Africa’s rural counts for a lot of the increase in can increase exports from the United population has access to clean water. spending. States to Africa by 200 percent in real These are signs of a growing middle There is one other key element. A dollars over the next 10 years, and we class and what the World Bank has large measure of the increase in Fed- cannot wait any longer. called ‘‘the brink of an economic take- eral spending has been increased health If there are some who say that Africa off’’ for Africa. U.S. businesses must be care costs, and we estimate that in the is so backward and so far behind, what a part of that take-off, and our govern- next 10 to 20 years, 70 percent of Fed- is it in the United States they can af- ment must provide a cohesive system eral budget outlays will grow because ford to buy if they even wanted to, that of support and a coherent national of increased health care costs. We ad- is old thinking. Let me give you some strategy to enable it. That is what this dressed this. We went after the growth new reality. In the past 10 years, 6 of bill does, and it does so at almost no in health care costs with the Presi- the world’s fastest growing economies cost. It would develop a comprehensive dent’s ObamaCare—the health care re- are in Sub-Saharan Africa, and in the strategy to coordinate the work of sev- form bill—in an attempt to contain it next 5 years Sub-Saharan Africa will eral U.S. government agencies that and had not one single Republican who boast seven of the top fastest growing help U.S. businesses export American would join us in that effort. Not one. economies in the world. The number of products and services to Africa. We ended up passing it exclusively as a Africans with access to the Internet The bill creates a Special Africa Ex- Democratic bill. That is a shame be- has increased over the last 10 years port Strategy Coordinator to ensure cause I think Democrats and Repub- fourfold to 27 percent. From 1998 to that these government agencies are licans should share the same goal of today, the number of mobile phones on working together efficiently, and in a trying to reduce the increased cost of the continent have grown from 4 mil- way that businesses of all sizes can health care spending. lion to 500 million, and 78 percent of navigate easily. It is smart, low cost,

VerDate Mar 15 2010 00:20 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.006 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7716 CONGRESSIONAL RECORD — SENATE December 11, 2012 and it creates enormous returns on in- of elephants being slaughtered over the WIND ENERGY TAX CREDIT vestment in jobs, diplomatic influence, past several years and, get this, it is a Mr. UDALL of Colorado. Mr. Presi- and engagement. resurgence fueled by Chinese demand— dent, I come to the floor again to urge Meanwhile, other countries are posi- as much as 70 percent of the ivory is my colleagues to extend the production tioning themselves to be there for the smuggled to China. In fact, the article tax credit for wind energy. I would like coming African economic boom—coun- goes on to say that there is growing to note that on the heels of Senator tries like Brazil, India, and you guessed evidence that ivory poaching actually DURBIN’s comments about China, we it, China. China has aggressively increases in elephant-rich areas where wish the Chinese energy industry well, moved in. In fact, today, China is Afri- Chinese construction workers are but we do not want to outsource our ca’s largest trading partner. China has building roads. wind energy jobs to China needlessly. pumped billions of dollars into Africa, Now, I said this was a deadly con- We are on a path to do so. often in the form of concessional sequence of Chinese involvement in Af- I see my colleague from Iowa here, loans—loans below market rates that rica, but I didn’t mean just for ele- Senator GRASSLEY, who I know will have favorable payback options. These phants. Much of the money from this speak later on the wind production tax loans are hard to resist for developing Chinese-fueled increase in the ivory credit, but it is going to expire in less countries, and they’re hard for Amer- trade ends up in the hands of inter- than 1 month from now—December 31, ican companies to compete with. national fugitive Joseph Kony and his to be specific—if we do not act. That Between 2008 and 2010, China provided band of murdering thugs. It is widely means we are 1 month away from pull- more financing to the developing world believed that Kony’s Lord’s Resistance ing the rug out from under an industry than the World Bank—loans totaling Army has embraced ivory poaching to that is currently playing a key role in more than $110 billion. This money fund its reign of terror. revitalizing American manufacturing, buys China access to markets, natural The U.S. Government should seek a creating jobs, and powering our Nation. resources, consumers, and political in- level of engagement with our African We are literally 1 month away from fluence. A recent story on CNN.com, partners that makes American compa- ending a credit that supports tens of entitled ‘‘Chinese Media Make Inroads nies and American products competi- thousands of workers right here in the into Africa,’’ shows the kind of aggres- tive alternatives to what China has to United States. sive engagement we are up against. offer. That’s what this bill does. It Each day that we wait to extend the This past January, state-owned Chi- would establish a minimum number of PTC, we risk losing more good-paying nese Central Television opened its first commercial Foreign Service officers to American jobs. We also risk doing broadcast hub outside of Beijing. be stationed at U.S. embassies in Afri- away with a credit that is a major con- Where did they put it? Mumbai? Lon- ca and the multi-lateral investment tributor to the success and develop- don? Rio? Try Nairobi. Another Chi- banks. It would increase the Export ment of our Nation’s wind industry. nese state-run news organization has Import Bank staff presence on the This credit has helped companies lever- more than 20 bureaus on the African ground in Africa. That means better age billions of dollars’ worth of invest- continent, part of what is called the support for U.S. businesses on the con- ments and created thousands of made- China Africa News Service. According tinent and better interface with Afri- in-America manufacturing jobs. to the article, it’s all part of an effort can governments. The bill would also If history is any guide, allowing this ‘‘to win the hearts and minds of people formalize the training economic and critical tax credit to expire would be in the continent and create a more fer- commercial officers receive, so they disastrous. The expiration of the PTC tile business environment.’’ And it’s at are fully aware of all the tools avail- in 2000, 2002, and 2004 led to massive our expense. It should make us take a able for export promotion and financ- drops in wind energy installation. Al- hard look at what the U.S. Government ing—a benefit to businesses who want ready in my home State of Colorado is doing to promote and support our to do business in Africa, or anywhere this year we have seen hundreds of lay- own businesses. And that is what this in the world. And finally, it would offs across the Front Range due to our bill does. equip the U.S. government to counter heel-dragging on the PTC. But this bill is not just good for the aggressive concessional—or below Each time I discuss the PTC on the American interests, it is also good for market—loans that many African na- Senate floor, I highlight a different Africa—something our competitors are tions cannot resist. State to show the vitality of the wind not always concerned with. While the The Increasing American Jobs industry in that particular State, how Chinese may offer sweetheart deals through Greater Exports to Africa Act this important credit has created jobs that buyers can’t resist, the price of has something for everyone to support. for that State’s economy. Today I am doing business with China is much It is good for the American economy. It here to talk about Iowa, America’s higher than just the cost of repaying helps U.S. businesses create jobs here heartland and the homeland of the loans. at home by tapping into a burgeoning PTC. To calculate the real price you have overseas market hungry for our prod- In Iowa wind power is no longer an to add to the sum the precious natural ucts. It is good U.S. foreign policy. It alternative source of energy. In fact, resources that China gobbles up for its positions America to maintain our Iowa has become the Nation’s No. 2 growing economy back home and the global leadership in a shifting geo- producer of wind energy, providing environmental devastation that comes political landscape. And it is good for close to 20 percent of the State’s elec- from its general lack of concern for en- the people of the African continent. tric power. Its potential is not even vironmental standards. You have to Superior American products and busi- close to being fully tapped. Iowa’s wind add the cost of Africans losing out on ness practices would become more resources could someday produce up to work when the Chinese ship in their competitive and financially accessible 44 times the State’s current electricity own labor to build the projects they to them. needs. are bankrolling. And when Africans do That is why the Senate Foreign Rela- Let me share some specifics with my get the jobs you have to consider the tions Committee unanimously ap- colleagues. Nearly 3,000 turbines spin cost of the poor labor standards and proved this common sense bill. Now the statewide in Iowa, and Iowa is home to working conditions they have to en- full Senate has a chance to do the various manufacturing facilities that dure. And lastly you have to consider same. I urge all of my colleagues to produce wind turbines and components. China’s indifference to democracy, cor- support this critical effort. We must The industry employs nearly 7,000 ruption, and human rights standards. commit today that the United States Iowans, half of whom are located at A recent New York Times article il- will not be left behind in Africa. Every manufacturing facilities all across the lustrated an even greater cost—a far day we wait, countries such as China State. more deadly side of Chinese involve- expand their economic, political, and Take, for example, Pocahontas Coun- ment in Africa. It dealt with the resur- diplomatic footprint on the continent. ty. We can see the map of Iowa here. gence of ivory poaching in Uganda and The ACTING PRESIDENT pro tem- There are a total of 216 wind turbines Kenya and the DRC. It is a resurgence pore. The Senator from Colorado is rec- that have been constructed in Poca- that has resulted in tens of thousands ognized. hontas County. When all turbines are

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.003 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7717 at full taxable value, they will con- This year Senator MARK UDALL is the not going to be one of those situations tribute an estimated total of almost champion of people speaking about the where through taxpayer money, $190 million to the total county tax wind energy tax credit. I have spoken a through a tax incentive, money is base. This means additional revenue few times, but he has spoken for every going to some company and not reap- for local budgets and additional money State that has a wind energy business. ing the benefits of it, the end result in for investments in schools and critical He has spoken many times more than I this case being the production of wind community projects. have, and I wish to compliment Sen- energy. Iowans know the possibilities and po- ator UDALL from Colorado for doing The production tax credit for wind is tential a continued investment in wind that. working and should be a part of the ef- energy holds for their future. However, I think it is a foregone conclusion fort in Washington to get more Ameri- I wish to underline again that if we do that after 20 years’ of investment of cans working. Nationally, the wind en- not act, good-paying jobs will continue taxpayer money in what we call the ergy industry supports 75,000 jobs. to be lost and an industry that is crit- tax incentive for wind energy, and with There are more than 400 manufacturing ical to our energy independence will be the industry just about becoming a ma- facilities nationwide supplying wind hit very hard. ture industry—and there are different components. Thirty-five percent of all This is simply unacceptable. Already points of view within the industry, but new electricity generation added dur- Siemens Energy is laying off 615 work- in just a few years it will be starting to ing the last 5 years was from wind, and ers in three States, including Iowa. The phase out—this wind energy tax credit this happens to be more than from coal company Siemens has acknowledged can go away because it will be a ma- and nuclear combined. Today, 60 per- that difficult market conditions are ture industry much as the ethanol tax cent of a wind turbine’s value is pro- due to congressional inaction on the credit went away at the end of last duced in the United States, compared PTC. year. So with this tremendous invest- with just 25 percent in the year 2005. My colleagues from Iowa, Senators ment, it seems to me it would be a As I have said so often, my home GRASSLEY and HARKIN, have been shame not to continue it so we can get State of Iowa is a leader in wind energy standing with me to fight for the re- to maturity, and then in a sense ratify production and component manufac- newal of the production tax credit. the decision of the good investment of turing. Nearly 20 percent of Iowa’s Senator GRASSLEY is known as the fa- taxpayer money that has already been electricity needs are met from wind en- ther of the wind production tax credit. made. ergy, powering the equivalent of 1 mil- He led the charge some 20 years ago to So today it is my privilege to join my lion homes. Almost 3,000 utility-scale establish this credit, and I applaud him colleague, Senator UDALL of Colorado, turbines in Iowa generate lease pay- and Senator HARKIN for their work in on the floor of the Senate to discuss ments to landowners, worth $14 million the renewable energy sector and their the importance of wind energy and the every year. Iowa is behind only Texas dedication to extending this important need to extend the production tax cred- nationally in terms of installed wind credit. They know the PTC is a win for it for wind. I appreciate Senator capacity. The wind energy employs Iowa and a win for the United States. UDALL’s commitment to the production more than 6,000 Iowans. These jobs are That is why it is so important—beyond tax credit for wind energy. As I have at risk because Congress has so far important—to extend the PTC as soon said before, but I wish to say it again, failed to extend the production tax as possible. The PTC equals jobs, and he has come to the floor many times credit which is set to expire at the end we ought to pass it as soon as possible. during the past several months to high- of the year. As my colleagues keep telling me and light the importance of wind energy in In fact, hundreds of Iowans employed we hear from the American people, the various States. He has been a real in wind energy have already been laid there is no reason to outsource these leader on this issue. off because of slowing demand over un- jobs. There is no reason to outsource As Senator UDALL has said, I have certainty of tax credits, and there will energy production, and there is no rea- been a longtime supporter of the wind be more laid off in my State except in son to damage a growing industry that energy tax credit beginning with my one city where they are manufacturing is helping America become energy authorship of the first wind production components to go to Canada for use in independent. Congress needs to pass an tax credit in 1992. At the time, I have wind energy in Canada. Certainty extension of the production tax credit to confess I didn’t see coming, for my about tax policy and affordable energy, today. We can’t wait any longer. State or for the Nation as a whole, the then, are factors for economic growth Let’s create jobs and build the clean big deal it has become not only in the and getting unemployed workers back energy economy of the future. Let’s ex- production of wind energy and Iowa on the assembly line. tend the wind production tax credit being No. 2 in the Nation, but also the As much energy as possible—both and let’s do it now. It is that simple. component manufacturing that goes on traditional and renewable—should be The production tax credit equals jobs. in most every State involved in wind produced at home to create jobs and Let’s pass it ASAP. energy, including my own State. Par- strengthen national security. Wind en- Again, I wish to acknowledge my col- ticularly, I didn’t foresee, at a time ergy is obviously a free resource, and it league from Iowa, Senator GRASSLEY, when most of our talk about exporting is abundant in many places around the who has been a leader in this impor- jobs is actually exporting jobs, and in country. I suppose we could say wind is tant policy area for the last 20 years. Mr. President, I yield the floor, and I my State, at least from two countries, abundant every place, but at speeds note the absence of a quorum. Spain and Germany, we have been able that make the production of energy The ACTING PRESIDENT pro tem- to import jobs—or I should say import from wind cost-effective. pore. The clerk will call the roll. the ability to create jobs through for- In my State, most of these facilities The legislative clerk proceeded to eign investment—for the component are in northwest Iowa where the wind call the roll. manufacturing. So it has been a suc- averages about 14 miles per hour com- The ACTING PRESIDENT pro tem- cess in so many ways. pared to going diagonally down to the pore. The Senator from Iowa. Maybe one other point that ought to southeast corner of the State where it Mr. GRASSLEY. I ask unanimous be emphasized at this time: Some averages about 8 miles per hour. So if consent that the order for the quorum Members—and maybe more Members in there is enough constant wind, this is call be rescinded. the other body—seem to be more cyn- very definitely a free resource. The ACTING PRESIDENT pro tem- ical about any sort of investment in Wind is also a homegrown resource. pore. Without objection, it is so or- green energy because of Solyndra and The electricity it generates is produced dered. other places where taxpayer money has on local farms for local customers and Mr. GRASSLEY. Mr. President, first gone in the way of grants and then often adds investment value to the of all, I had an opportunity to hear there has been immediate bankruptcy, community. A clean, renewable source what Senator UDALL of Colorado had to resulting in a waste of taxpayer such as wind is not dependent on far- say about Iowa and my participation, money. There is absolutely no benefit away countries with leaders, in the and I thank him very much for his kind from the wind energy tax credit unless case of petroleum, for instance, who remarks. energy is actually produced. So it is happen to be so hostile to the United

VerDate Mar 15 2010 00:20 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.009 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7718 CONGRESSIONAL RECORD — SENATE December 11, 2012 States even as they take our energy one—wind—seems to be attacked right he has criticized. He now appears ready dollars and maybe use those against us. now. to undermine the most important rule, That is why there is broad support for This extension deserves a place in not by a two-thirds vote, as clearly re- extending this worthwhile policy. our year-end package of tax extenders quired by Senate rule XXII, but by a Legislation in the House of Rep- to help give confidence investors want simple majority fiat. This contradicts resentatives to extend the production and employers need to keep and hire longstanding practice and disregards tax credit has 119 cosponsors, including workers. the 67-vote threshold President Lyndon 25 Republicans. In August the Senate There is no reason to exacerbate the Baines Johnson said ‘‘preserves, indis- Finance Committee, with a bipartisan unemployment problem by failing to putably, the character of the Senate.’’ vote, passed my extension of the wind extend this successful incentive. Amer- This is the same so-called nuclear op- energy production tax credit amend- ica’s security in the short- and long- tion Democrats previously decried as ment I offered at that particular time. term depends on a robust effort to de- breaking the rules to change the rules. The Governors’ Wind Energy Coali- velop domestic energy sources. For example, the senior Senator from tion and the Western Governors’ Asso- Before I leave the floor, this can be New York previously opposed such a ciation have called for an extension of done by the extender bill all by itself blatant power grab saying: the production tax credit. The Western being passed or it can be, as we hope, The checks and balances that Americans Governors’ Association is an inde- that President Obama and Speaker prize are at stake. The idea of bipartisan- pendent organization representing Gov- BOEHNER have some sort of framework ship, where you have to come together and ernors of 19 States, and current mem- for us to put meat on that framework can’t just ram everything through because bership includes 13 Republicans and 6 so we do not go over the cliff and have you have a simple majority, is at stake. The Democratic Governors. So there is this bill be a part of it. When that very things we treasure and love about this grand republic are at stake. pretty broad bipartisan consensus whole fiscal cliff debate is about jobs, among Governors that this ought to be we do not want to forget about these Those are pretty powerful and un- extended. 75,000 jobs that are in wind energy. A equivocal words, but it does not stop I was pleased to join a press con- lot of these jobs have already led to there. ference a few weeks ago with Senator some layoffs. We could bring those peo- The senior Senator from Illinois MARK UDALL and over 40 military vet- ple back to work pretty fast. called it ‘‘ . . . attacking the very force erans representing Operation Free. I yield the floor and suggest the ab- within the Senate that creates com- They were visiting Capitol Hill to meet sence of a quorum. promise and bipartisanship.’’ So that with Members of Congress, encouraging The PRESIDING OFFICER (Mr. reflects a trifecta of the Democratic Congress to extend the wind production MANCHIN). The clerk will call the roll. leadership saying it is a bad idea. Yet tax credit. The legislative clerk proceeded to they keep pushing it like it has some- The wind energy production tax cred- call the roll. how magically been transformed into a it was created to try to level the play- Mr. JOHANNS. Mr. President, I ask good idea. ing field with coal-fired and nuclear unanimous consent that the order for But it does not matter how long we electricity generation. The production the quorum call be rescinded. polish the tin cup; it will not magically tax credit for wind is available only The PRESIDING OFFICER. Without become the golden chalice. Again, you when wind energy is produced. There is objection, it is so ordered. do not have to believe me. One of the no benefit for simply placing the tur- f Senate’s great historians, Democratic bine in the ground. It is a tax relief Senator Byrd of West Virginia, was that rewards results, and that is much SENATE RULES CHANGES very clear on this issue. He said: ‘‘Our different than failed taxpayer-funded Mr. JOHANNS. Mr. President, the Founding Fathers intended the Senate grants and loans made since 2009 when Founders of this great country clearly to be a continuing body that allows for a lot of that money went to companies wanted the Senate to serve as a delib- open and unlimited debate and the pro- that are now bankrupt. erative body anchored with the ability tection of minority rights.’’ Those who want to do away with the to fully amend and to fully debate When faced with the idea of limiting wind energy tax incentive don’t seem issues. Yet there has been a lot of talk these basic underpinnings of the Sen- to mention that other forms of energy lately about Senate rules changes to ate, he concluded: ‘‘We must never, have received far more generous tax in- limit Senators’ ability to make their ever, tear down the only wall—the nec- centives for many decades longer than voices heard. essary fence—this nation has against the wind energy industry. Oil and gas To many, this may sound like inside the excesses of the Executive Branch and nuclear power all received long- baseball, limited to the concerns of and the resultant haste and tyranny of standing Federal support. I wish to em- just a handful of Senators. But let me the majority.’’ phasize, because I believe I read some- assure you this issue is so much more I had the great privilege of working place, that one of the opponents of the than that. The changes that are being with Senator Byrd when I first came to wind energy tax credit being extended contemplated would significantly im- the Senate. We offered an amendment comes from nuclear. pact everyday Americans, especially together which would have prevented Do my colleagues think we would those who live in rural or less-popu- the majority from stretching the Sen- even have a nuclear industry in the lated States. ate rules to enact Draconian cap-and- United States since the 1950s or 1960s if Take Nebraska, for example. We do trade legislation on a simple majority it weren’t for the Price Anderson Act not necessarily consider ourselves vote—interestingly enough, a situation that supports it as kind of a super—or small. We have almost 2 million people not so different from today’s proposals. an insurer of last resort? It would and several Fortune 500 companies. But Senator Byrd was very wise in these never have developed, and it is still in we also do not like the idea of getting matters, serving as his party’s leader existence. Isn’t it a little bit intellec- steamrolled by high-population States; in both times of majority and minor- tually dishonest to say that wind for example, California, New York or ity. He had seen both sides of the fence, should not have the tax incentive when Illinois. But that is exactly what these if you will. He had studied the Framers other industries wouldn’t even exist if Senate rules changes would allow. and had determined that such a blatant they hadn’t had it already? This is not just some wild suppo- power grab could not stand. In fact, the If we are going to have a discussion sition on my part. The majority leader vast majority of our colleagues, on a of which industries merit Federal sup- himself said the filibuster ‘‘is a unique bipartisan basis, agreed and our port and which industries don’t, the privilege that serves to aid small amendment passed on a vote of 67 to 31. discussion needs to be intellectually States from being trampled by the de- That is exactly what should happen. If honest. If we are having that discus- sires of larger states.’’ He went on to changes are needed, a bipartisan super- sion, everything needs to be on the say it is ‘‘one of the most sacred rules majority should approve them, not a table, not just wind energy. Can you of the Senate.’’ simple majority changing the rules to think of 60 extenders that are going to Of course, that was a few years ago, break the rules, not a simple majority sunset at the end of this year? Only before he proposed to do the very thing steamrolling the Nation.

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Mr. President, the a two-thirds majority is required.’’ ‘‘As long as the Senate retains the Constitution would always trump, but He concluded with a statement more power to amend and the power of un- that is a misinterpretation of what we eloquent than any original words I limited debate, the liberties of the peo- are doing here. Let me play this out, might speak. So allow me to once ple will remain secure.’’ again quote him. I implore my col- But, unfortunately, this great insti- because I am pretty confident I know leagues to listen carefully: tution has evolved into a constant how this is going to work if this is pur- . . . the Senate has been the last fortress of cycle of bringing flawed legislation to sued. What would happen in January is minority rights and freedom of speech in the the floor, filling the amendment tree there would be a request for a ruling by Republic for more than two centuries. I pray to prohibit all amendments, daring the the Parliamentarian, and the Parlia- that Senators will pause and reflect before minority party to vote no to protect mentarian would correctly rule that in ignoring that history and tradition in favor order to change the rules you need two- of the political priority of the moment. the rights of their constituents, and when they do so, claim they are filibus- thirds of the Senate. Then they would It is often said those who fail to use the procedure of overruling our study history are doomed to repeat it. tering and obstructionist. If we could fix this one basic prob- Parliamentarian with a majority vote. I hope my colleagues will study this lem, if we could return the Senate to That will then stand as the ruling for history, discover the wisdom of Sen- its most basic principle of open debate the Senate. Very clearly what you are ator Byrd, and decide to abandon this and opportunity for amendments, doing is you are skirting both the Con- ill-advised hostile takeover of the Sen- maybe we would realize the folly of stitution and the rules of the Senate. ate, this attempt to put a gag on the these proposed rules changes and we Let me, if I might, take the Senator’s minority. question and show the shocking result One of my favorite statements on would get back in the business of being we are going to end up with. Do you re- this subject from Senator Byrd is: Senators again and working together alize there was a day in this body ‘‘. . . before we get all steamed up, de- again. where judges were not filibustered? We manding radical changes of the Senate This quick fix is not the answer. I can look at Supreme Court judges who rules, let’s read the rules.’’ hope between now and January cooler Let’s do that. Senate rule V clearly heads will prevail, and we will put our- might be controversial to one side or states that ‘‘the rules of the Senate selves back on a path to finding bipar- the other who were approved by a ma- shall continue from one Congress to tisan solutions to our Nation’s most jority vote. the next Congress unless they are pressing problems. So what happened? My friends on the changed as provided in these rules.’’ I yield the floor. other side of the aisle sat down, they Rule XXII is very clear. It unques- Mr. UDALL of New Mexico. Mr. brought in some constitutional schol- tionably says the necessary affirmative President, I ask through the Chair if ar. He said: Well, why are you not fili- vote shall be two-thirds of the Senators the Senator from Nebraska will yield bustering judges? And now it is very present and voting to change the Sen- for a question. routine and very common—and both ate rules. The PRESIDING OFFICER. The Sen- sides do it. So here is what is going to Again, very clearly, this is all about ator from New Mexico asks the Senator happen. Every time you have a major- breaking the rules to change the rules. from Nebraska to yield. ity that comes to power—and we all The sad thing for our Senate and our Mr. JOHANNS. Yes, I will. know the pendulum swings. In our life- great Nation is that once the bell is The PRESIDING OFFICER. The Sen- time we will see Republicans returned rung, it cannot be unrung. Simple ma- ator from New Mexico. to the majority. That is how elections jority votes to change our Senate Mr. UDALL of New Mexico. The Sen- go—once this is cracked open, then rules, I guarantee you, will become ator from Nebraska has talked about they as the majority party can come in commonplace. Whenever a new party the rules not being able to be changed to change the rules and basically say: takes control, they will change the because internally in the Senate rules It is open season. We will get a ruling rules by a majority vote. Whoever oc- there is a provision that says you need from the Parliamentarian just as the cupies the majority at the moment will a supermajority, two-thirds of the Sen- Democrats did. We will overrule that then run roughshod over the minority ate, to change the rules. This is the ruling of the Parliamentarian by a 51- party, the laws they passed when they proposition we are hearing argued by vote majority or 50, if you have the were in the majority, and their con- many Senators, that we are breaking Vice President in the chair, and then stituents. It is absolutely inevitable. the rules to change the rules. We have Katy-bar-the-door. All laws passed by Today’s assurances that it only ap- heard that repeated several times over that majority are now subject to being plies to motions to proceed will even- and over on the Senate floor. repealed by a majority vote. tually ring hollow when it extends to The other side of the argument, as If you can do it on the motion to pro- judges, to bills, and then to conference the Senator I think well knows, as he ceed, there is not any reason you can- reports. There will be nothing to stop worked up here and was around and not use this very flawed procedure to it. saw Senator Byrd, is that the Constitu- One day we will awaken with a Sen- tion is superior to the Senate rules. do it on every other piece and step ate that basically is the House of Rep- And the Constitution specifically says, along the way. That is what Senator resentatives, where majorities rule and in article 1, section 5, that each House Byrd was warning us about. He was ba- only their leadership decides what may determine the rules of its pro- sically saying: Members of the Senate, amendments will be considered and ceedings. Statutory construction ap- once you crack this door open, there is what votes will occur and when they plied to that means a simple majority no turning back. And there will not be will occur. We will have a legislative determines the rules of its proceedings. any turning back. branch that does not resemble even This is a standard interpretation con- So what happens to our country? faintly what the Framers of our great struction. Well, No. 1, the minority becomes pow- Constitution envisioned. We know supermajorities are only in- erless in the Senate. As a Member of But maybe, just as important, we dicated at several places in the Con- the minority, I could come down here, would find entire states of constituents stitution, and every place else it is im- I could offer an amendment. I could who have no voice in the policies that plied that it is by a majority. Here you join forces with Senator Byrd on using affect their daily lives. That would be a have a supermajority in the Senate reconciliation on climate change, and travesty. rules and you have the Constitution we could get 67 votes. But all of a sud- I implore my colleagues one last saying at the beginning of a Congress den what is going to happen here is time to listen to the wisdom of their you can change the rules by majority your minority is going to be basically

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.011 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7720 CONGRESSIONAL RECORD — SENATE December 11, 2012 without a voice in the Senate because food stamps. It cannot be changed. It very troubling to me. I have submitted the majority rules. That was never in- should be left alone. additional information to him. Now we tended. That has not been part of our Well, that is not a good plan. As the are not getting any more answers. history. ranking member on the Budget Com- They have just shut the door. The Sec- So I think to directly answer the mittee, I have begun to look at the pro- retary basically said: Well, you are a question, you are misinterpreting what gram to see how it is we have had such Member of the Senate. You are asking this is all about. The net effect of great increases. The agriculture estab- too many questions. I am not giving where we are going to end up, if we go lishment says every single dollar that you any more information. You raise in this direction, I guarantee you, in is spent is needed for hungry people. I concerns when I give you information. our lifetime we will look back at that offered an amendment that would have You point out problems. I do not like moment in history and we will say that reduced spending over 10 years from that. You are not getting any more. changed the operation of the Senate $800 billion total to $789 billion, reduc- I would note in some of our first in- forever. ing spending by $11 billion based on quires in the examination of their pro- As I said in my comments, once the closing a loophole, a categorical eligi- gram, we found they are on a deter- bell is rung, it is impossible to unring bility gimmick that should not be mined effort to expand the number of the bell. We will not have stability in there, allowing people to receive bene- people who get on welfare or food our laws and we will not have stability fits who did not qualify for them. stamps even if they do not want to be in our Senate and we will have a mi- It was said: Oh, you want people to be on food stamps. One of the things that nority that is absolutely powerless. I hungry. It was voted down. I thought it is interesting is they gave a person in do not believe that is what was in- was a very modest, reasonable change. western North Carolina, one of the ag- tended. By the way, agriculture spending in ricultural people, an award for over- I yield the floor. our government is different than a lot coming ‘‘mountain pride.’’ Basically The PRESIDING OFFICER. The Sen- of people—Mr. President, what is the what they said was this lady should be ator from Alabama. status of our time? given an award because when people in f The PRESIDING OFFICER. The time the mountains who are independent for morning business has expired. FOOD STAMPS and believe they can take care of them- Mr. SESSIONS. Mr. President, I ask selves, thank you—without the Federal Mr. SESSIONS. Mr. President, that unanimous consent that I have another Government—she overcame that. They was very good debate. I would share 6 minutes. have a brochure telling people what to the concern of Senator JOHANNS. I re- The PRESIDING OFFICER. Without say when people say, I do not need food member we backed off this dangerous objection, it is so ordered. stamps, to get them to sign up for food trend of changing the rules when we Mr. SESSIONS. That is where we are, stamps. fixed the filibuster politically in this I think, in terms of spending on the political institution. We need to figure program and the need to examine it I have to say, and I am not happy out a way to solve this problem. I and see how it works. The establish- about it. So now the Secretary has would say, without any doubt in my ment says every dollar is needed, not a failed to comply with oversight re- own mind, the real reason we have had dime can be reduced. I certainly agree quests from the Senate Budget Com- to filibuster is because the majority that no one should be hungry in Amer- mittee. Secretary Vilsack has missed leader, to a degree unprecedented in ica. But we must know that the SNAP the October deadline that we asked history, is controlling and blocking the program, the food stamp program as it him to meet by nearly 2 months. My ability of the minority party to even is commonly known, is not the only staff has been provided no update de- have amendments on bills. That goes benefit that people have. spite repeated requests, and apparently against the great heritage of the Sen- Indeed, an average family without in- no letter is being drafted from the De- ate and cannot be accepted. That is come in America today would receive partment in response to our request. why we are having this problem. as much as $25,000 in total benefits per Just stiff you guys. I wanted to share a few thoughts this year from the government if they did Well, last I heard he worked for the morning about the food stamp program not have an income. They get things American people. So do I. And one of and some of the developments that such as Temporary Assistance for my jobs is to make sure the American have been going on. America is a gen- Needy Families, they get SSI, housing people’s money is well spent. I am ask- erous and compassionate Nation. We do allowance, free health care through ing him about how he is spending our not want and will not have people hun- Medicaid. They get food stamps and money, and he does not want to re- gry in our country. We want to be able other benefits totaling at least $25,000. spond. to be supportive to people in need. By the way, if you took all of the My letter asked questions about two But every program must meet basic means-tested welfare-type programs main issues: First, the USDA’s ac- standards of efficiency and produc- that are in existence in America today, knowledged relationship with Mexico tivity and wisdom and management. there are over 80. If you divide it up by to place foreign nationals almost im- This program is resisting that. It is the the number of households who fall mediately on food stamps. One of the fastest growing major program in the below the poverty line in America, it questions I asked was simply how the government. In the year 2000 we spent would be $60,000 per household—$30 per U.S. Department of Agriculture inter- $20 billion on food stamps nationwide. hour, on average, for a 40-hour work prets the Federal law. Last year it was $80 billion. It has gone week. That is how much it would up fourfold in 10 years. That is a dra- amount to. Well, we make Federal law, we pass matic increase. It is increasing every The median income in America is laws. I would like to know how they year and virtually every month. The less than that. The median income— are enforcing them and what standards most recent report in September had and they pay taxes on that—is maybe they are using. Federal law says those one of the largest increases in the pro- $25 an hour. This would be over $30 an likely to be reliant on welfare cannot gram’s history—another 600,000 added hour based on if we were just to divide be admitted to the United States. If to the rolls, totaling now 47.7 million. up our welfare programs. So to say we they want to come to the United One out of every six Americans is re- should not examine those programs States, and they meet the qualifica- ceiving food stamps. Oddly, when we and ask ourselves can we do better is a tions, they get to come. But they have attempted to confront our debt and our mistake. The question I would ask is, to show they are not going to be de- spending, we had huge reductions for can we improve it? Can we help more pendent on the government for their the Defense Department. Some other people move from dependence to inde- food, aid, and health and everything departments took big cuts. The food pendence? Is the program functioning when they come. stamp program was set aside. President as we would like it to function? We have lots of people who want to Obama and the Democratic leaders I have been asking questions of the come to America. Most of those people said: We will not even talk about it. No Secretary of Agriculture Tom Vilsack. probably can come and sustain them- less money, no savings, no review of He provided some information that was selves. Why would we be admitting

VerDate Mar 15 2010 00:29 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.022 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7721 those who can’t, who are going to im- cess. We have been drifting back away majority requirement to change Senate mediately go on the government assist- from that. rules is in direct conflict with the U.S. ance programs? But this law is effec- What I sense is when you ask ques- Constitution. The Constitution is very tively not being enforced. tions about it, you are treated as some- specific about when a supermajority is Senators GRASSLEY, HATCH, and ROB- one who doesn’t care about people who required and just as clearly when it ERTS are ranking members on key com- are hungry, who do need our help. We isn’t required. mittees, and I sent a letter. want to help. All we are asking is, Article I, section 5 of the Constitu- The PRESIDING OFFICER. The Sen- Can’t we do it better? Can’t we look tion States: ator’s time has expired. back to the principles of independence, Each House may determine the Rules of its Mr. SESSIONS. Mr. President, I ask individual responsibility, and indi- Proceedings, punish its Members for dis- unanimous consent for an additional 3 vidual pride that Americans have and orderly Behavior, and, with the Concurrence minutes. nurture that and use that as a way to of two thirds, expel a Member. The PRESIDING OFFICER. Without help reduce dependence in this coun- When the Framers require a super- objection, it is so ordered. try? So those are the things I wanted majority, they explicitly said so. For Mr. SESSIONS. So another question to share. example, for expelling a Member. On I asked was concerning the Depart- I would just say this: The Secretary all other matters, such as determining ment’s goal to place more people on of Agriculture has the responsibility to the Chamber’s rules, a majority re- food stamps. Here is part of the ques- answer. quirement is clearly implied. tion from the letter: According to The PRESIDING OFFICER. The Sen- There have been three rulings by USDA, ‘‘only 72 percent of those eligi- ator’s time has expired. Vice Presidents sitting as President of ble for SNAP benefits participated,’’ Mr. SESSIONS. I don’t want to get in the Senate. Sitting up where the Pre- adding, ‘‘their communities lose out on a fight with it, but, if necessary, I will siding Officer is sitting, three Vice the benefits provided by new SNAP dol- use what ability I have in the Senate Presidents have sat there. And the lars flowing into local economies.’’ to insist that we get responses. meaning of article I, section 5, as it ap- If USDA’s enrollment goals were Mr. President, I yield the floor. plies to the Senate, this is what they reached, we asked, how many people were interpreting. In 1957, Vice Presi- would be receiving food stamps today? f dent Nixon ruled definitively, and I We have gone up dramatically; how CONCLUSION OF MORNING quote from his ruling: many more would be of benefit? I BUSINESS While the rules of the Senate have been would simply ask that question. continued from one Congress to another, the The PRESIDING OFFICER. Morning right of a current majority of the Senate at I will ask him again on the Senate business is closed. floor. How many millions more people the beginning of a new Congress to adopt its would be on the Food Stamp Program f own rules, stemming as it does from the Con- stitution itself, cannot be restricted or lim- if 100 percent of those qualified had en- TRANSACTION ACCOUNT GUAR- ited by rules adopted by a majority of a pre- rolled? In 2011 USDA gave a recruit- ANTEE PROGRAM EXTENSION vious Congress. Any provision of Senate ment award, as I mentioned, for over- ACT—MOTION TO PROCEED rules adopted in a previous Congress, which coming ‘‘mountain pride.’’ They pro- has the expressed or practical effect of deny- duced a pamphlet instructing their re- The PRESIDING OFFICER. Under ing the majority of the Senate in a new Con- cruiters on how to ‘‘overcome the word the previous order, the Senate will re- gress the right to adopt the rules under ‘no.’ ’’ The USDA claims the chief ob- sume consideration of the motion to which it desires to proceed is, in the opinion stacle to recruitment is a ‘‘sense the proceed on S. 3637, which the clerk will of the Chair, unconstitutional. benefits aren’t needed.’’ That is an ob- report. That was Vice President Nixon. Vice stacle. The assistant legislative clerk read Presidents Rockefeller and Humphrey USDA asserts that ‘‘everyone wins as follows: made similar rulings at the beginning when eligible people take advantage of Motion to proceed to the consideration of of later Congresses. benefits to which they are entitled,’’ Calendar No. 554, S. 3637, a bill to tempo- I have heard many of my Republican claiming that ‘‘each $5 in new SNAP rarily extend the transaction account guar- colleagues quote Senator Robert Byrd’s antee program, and for other purposes. benefits generates almost twice that last statement to the Senate Rules amount in economic activity for the The PRESIDING OFFICER. Under Committee. The Presiding Officer knew community.’’ the previous order, the time until 12:30 Senator Byrd well. He is from his State Well, I guess we just ought to do it p.m. will be equally divided and con- of West Virginia. Senator Byrd came to another fourfold. That would really trolled between the two leaders or that Rules Committee. I was at that make America prosperous. their designees. Rules Committee, and I was at the USDA produced a Spanish-language The Senator from New Mexico. hearing where he appeared—and I have ad in which the main character is pres- Mr. UDALL of New Mexico. Mr. great respect for Senator Byrd. He was sured into accepting food stamps. President, I would ask to speak as if in one of the great Senate historians. He This is what is on the video: The lady morning business. loved this institution, but we should said, ‘‘I don’t need anyone’s help. My The PRESIDING OFFICER. Without also consider Senator Byrd’s other husband earns enough to take care of objection, it is so ordered. statements and the steps he took as us.’’ Her friend mocks her and replies— SENATE RULES CHANGES majority leader to reform this body. this is the Department of Agriculture Mr. UDALL of New Mexico. Mr. In 1979 it was argued that the rules pitch—‘‘When are you going to learn?’’ President, there has been much discus- could only be amended in accordance Eventually, she gives in to her friends sion about the need to reform the Sen- with the previous Senate rules. Major- who are pressuring her and agrees to ate rules, and I have listened closely to ity Leader Byrd said the following on enroll. the arguments against these changes the floor: Is this the right approach for Amer- by the other side. Today I rise to ad- There is no higher law, insofar as our Gov- ica? We need to work, to help people dress some of their concerns. My Re- ernment is concerned, than the Constitution. with pride, help people to assume their publican colleagues have made impas- The Senate rules are subordinate to the Con- stitution of the United States. The Constitu- own independence, to be successful, sioned statements in opposition to tion in Article I, Section 5, says that each take care of their own families and amending our rules at the beginning of House shall determine the rules of its pro- move them from dependence to inde- the next Congress. They say the rules ceedings. Now we are at the beginning of pendence. That ought to be the funda- can only be changed with a two-thirds Congress. This Congress is not obliged to be mental goal of our system. It was the supermajority. They say any attempt bound by the dead hand of the past. goal in the reform of 1996 in the welfare to amend the rules by a simple major- That was Senator Robert Byrd. This reform that worked very well. More ity is breaking the rules to change the Congress is not obliged to be bound by people prospered, fewer people are in rules. This simply is not true. the dead hand of the past. poverty, and more people are taking Repeating it every day on the Senate As Senator Byrd pointed out, the care of themselves. It really was a suc- floor doesn’t make it true. The super- Constitution is clear. There is also a

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That licans argued the constitutional option I said 2 years ago I would push for re- would violate this common law prin- should be used because 10 of President forms at the beginning of the next Con- ciple and be unconstitutional. Simi- Bush’s judicial nominees were threat- gress regardless of which party was in larly, the Senate of one Congress can- ened with a filibuster. I believe the de- the majority. I will say again that our not adopt procedural rules that a ma- parture from Senate tradition now is goal is to reform the abuse of the fili- jority of the Senate in the future can- far worse. buster, not trample the legitimate not amend or repeal. Since Democrats became the major- rights of the minority party. I am will- Many of my Republican colleagues ity party in the Senate in 2007, we have ing to live with all the changes we are have made the same argument. In 2003 faced the highest number of opposition proposing whether I am in the majority Senator JOHN CORNYN wrote in a Law filibusters ever recorded. Lyndon John- or the minority. Review article—as many of you know, son faced one filibuster during his 6 The American people, of all political Senator CORNYN was an attorney gen- years as Senate majority leader. In the persuasions, want a government that eral in Texas, was a distinguished jus- same span of time, HARRY REID has actually gets something done, that ac- tice. Senator CORNYN said the following faced 386. tually works. We have to change the in this Law Review article: For most of our history, the fili- way we do business. The challenges are Just as one Congress cannot enact a law buster was used very sparingly. But in too great, the stakes are too high, and that a subsequent Congress could not amend recent years, what was rare has become we do not want a government of grid- by a majority vote, one Senate cannot enact routine. The exception has become the lock to continue. a rule that a subsequent Senate could not norm. Everything is filibustered—every I thank the Chair for the time, and I amend by a majority vote. Such power, after procedural step of the way, with para- suggest the absence of a quorum. all, would violate the general common-law lyzing effect. The Senate was meant to The PRESIDING OFFICER. The principle that one parliament cannot bind cool the process, not send it into a deep clerk will call the roll. another. freeze. The assistant legislative clerk pro- That was Senator JOHN CORNYN. Since the Democratic majority came ceeded to call the roll. Amending our rules at the beginning into the upper Chamber in 2007, the Mr. NELSON of Florida. Mr. Presi- of a Congress is not breaking the rules Senates of the 110th, 111th, and current dent, I ask unanimous consent that the to change the rules, it is reaffirming 112th Congresses have witnessed the order for the quorum call be rescinded. that the U.S. Constitution is superior three highest total of filibusters ever The PRESIDING OFFICER. Without to the Senate rules. And when there is recorded. A recent report found the objection, it is so ordered. a conflict between them, we follow the current Senate has passed a record low RELEASE JOHNNY HAMMAR Constitution. 2.8 percent of bills introduced. That is Mr. NELSON of Florida. Mr. Presi- I find some of the rhetoric about a 66-percent decrease from the last Re- dent, a very disturbing thing has hap- amending our rules particularly trou- publican majority in 2005 and 2006 and pened in Mexico with one of my con- bling. We have heard comments that a 90-percent decrease from the high in stituents—a U.S. marine who served any such reforms, if done by a major- 1955 and 1956. honorably. ity, would ‘‘destroy the Senate.’’ So the Republicans argued in 2005, Johnny Hammar fought in Fallujah Again, I can turn to my Republican ‘‘[a]n exercise of the constitutional op- and was honorably discharged in 2007. colleagues to answer this accusation. tion under the current circumstances He and another marine, both having In 2005 the Republican Policy Com- would be an act of restoration.’’ An act suffered under posttraumatic stress mittee released a memo entitled ‘‘The of restoration. I cannot improve on disorder, were taking advantage of the Constitutional Option: The Senate’s that statement. We must return the fact they were surfers to lessen their Power to Make Procedural Rules by Senate to a time when every proce- stress. They had surfed up and down Majority Vote.’’ That memo supports dural step was not filibustered. the east coast. This is a marine whose the same arguments I make today for I respect the concerns some of my family lives in Miami, so they had gone reform by a majority, and it also re- Republican colleagues have regarding to Cocoa Beach, and they were going to futes many of the recent claims about the constitutional option, but there is others. They wanted to go to Costa how the Senate will be permanently an alternative. We don’t have to reform Rica to catch the big waves in the Pa- damaged. the Senate rule with a majority vote in cific, and so Johnny bought a camper One section of the memo titled, January. This is up to my colleagues and entered Mexico at Matamoros. ‘‘Common Misunderstandings of the on the other side of the aisle. Each As they crossed the border, he Constitutional Option’’ is especially in- time the filibuster rule has been checked with United States Customs teresting and enlightening. It responds amended in the past, a bipartisan because he had a shotgun that was an to the argument that ‘‘the essential group of Senators was prepared to use antique that had been owned by his character of the Senate will be de- the constitutional option. But with a great-grandfather. He registered the stroyed if the constitutional option is majority vote on the reforms looming, weapon with U.S. Customs so that exercised,’’ and it responds with the enough Members agreed on a com- when he returned Customs would have following words: promise and passed the changes with a record of it. But when he went from When Majority Leader Byrd repeatedly ex- two-thirds in favor. We could do that the American side of the U.S.-Mexico ercised the constitutional option to correct again in January. line into Mexico, and openly showed abuses of Senate rules and precedents, those I know many of my Republican col- illustrative exercises of the option did little his great-grandfather’s antique shot- to upset the basic character of the Senate. leagues agree with me that the Senate gun, the Mexican authorities arrested Indeed, many observers argue that the Sen- is not working. Some say we don’t need him. ate minority is stronger today in a body that to change the rules, we need to change His companion, another marine, after still allows for extensive debate, full consid- behavior. But we tried that—the interrogation was released, but they eration, and careful deliberation of all mat- changing of behavior—with a gentle- put Cpl Johnny Hammar, now age 27, in ters with which it is presented. man’s agreement at the beginning of the general prison population in Mata- What is more important about the this Congress. It failed. So now it is moros, Mexico. Republican memo is the reason they time to make some real reforms. This case came to my attention last believed a change to the rules by a ma- This is not a ‘‘power grab,’’ as some August, and I immediately responded. jority was justified. Because of what have charged. We want to make the As a result of my contacting the Mexi- Republicans saw as a break in long- Senate a better place—a place where can Government, they moved him from standing Senate tradition. They real debate happens for both parties. the general population of the jail into claimed they weren’t using the con- So I ask my friends on the other side of an individual jail cell. But as they have

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I ask ico, even though he had already de- nonprofit organizations for payroll and my colleagues to support the extension clared it at U.S. Customs, the Mexican other recurring expenses, and this pro- of TAG. authorities could have, when they re- gram provides certainty to businesses I yield the floor and suggest the ab- leased his fellow marine to go back in uncertain times. sence of a quorum. into the United States, sent him back These accounts are also important to The PRESIDING OFFICER. The into the United States and told him our Nation’s smallest financial institu- clerk will call the roll. don’t bring your great-grandfather’s tions. In fact, 90 percent of community The bill clerk proceeded to call the shotgun into Mexico. If that is against banks with assets under $10 billion roll. Mexican law. But they didn’t. They have TAG deposits. This program al- Mr. JOHNSON of South Dakota. Mr. have put a U.S. Marine, who has honor- lows these institutions to serve the President, I ask unanimous consent ably served his country, in a Mexican banking needs of the small businesses that the order for the quorum call be jail, and he has been there since last in their communities, keeping deposits rescinded. August. local. In my State of South Dakota, I The PRESIDING OFFICER. Without Enough is enough. I called my friend know that the TAG Program is impor- objection, it is so ordered. Arturo, the great and well-respected tant to banks, credit unions, and small f Mexican Ambassador, yesterday and I businesses. RECESS can’t get a return call from the Mexi- Our Nation’s economy is certainly in can Ambassador, so I am bringing this a different place than it was in 2008 at Mr. JOHNSON of South Dakota. Mr. to the attention of the Senate so we the height of the financial crisis when President, I ask unanimous consent can further get through to the Mexican this program was created, but with that the Senate recess until 2:15, as Government and indicate to them they concerns about the fiscal cliff in the provided under the previous order. have made a bureaucratic mistake. United States and continued insta- The PRESIDING OFFICER. Without Obviously, if it is against Mexican bility in European markets, I believe a objection, it is so ordered. Under the law to take a weapon in, then under temporary extension is needed. There- previous order, the Senate stands in re- these circumstances, this young U.S. fore, I believe that a clean 2-year ex- cess until 2:15 p.m. marine does not deserve the treatment tension makes the most sense and pro- Thereupon, the Senate, at 12:21 p.m., he is getting—holding him in a Mexi- recessed until 2:15 p.m. and reassem- can jail at the border of the United vides the most certainty for business and financial institutions and also pro- bled when called to order by the Pre- States for the past 5 months. siding Officer, (Mr. COONS). I hope cooler heads will prevail. If it vides time to prepare for the end of the requires me speaking on the Senate program in 2 years. f floor day in and day out to keep this I wish to note that this legislation TRANSACTION ACCOUNT GUAR- issue alive, I will do so. Clearly, it has has a cost recovery provision that en- ANTEE PROGRAM EXTENSION been in the press. It has been in the sures no taxpayer is on the hook for ACT—MOTION TO PROCEED—Con- Miami Herald several times, a much this insurance. Financial institutions tinued pay for the coverage. This is not and more detailed account of his back- The PRESIDING OFFICER (Mr. ground, his service to the country, and never will be a bailout. This is simply COONS). The Senate will come to order. his struggling with PTSD ever since he additional insurance paid for by the banks to ensure these accounts remain The clerk will report the motion to got home. invoke cloture. Mr. President, I thank the Chair for stable. The legislative clerk read as follows: the opportunity to bring this to the at- I thank Leader REID for making this tention of my colleagues, and once issue a priority in the lameduck ses- CLOTURE MOTION again I say to the Mexican Govern- sion. I also thank Senator SHERROD We, the undersigned Senators, in accord- ment: Send this marine home. Now BROWN for being a great partner for ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move that you have a new President in- many months on this important topic. The administration has just issued a to bring to a close debate on the motion to stalled in Mexico, relations with the proceed to calendar No. 554, S. 3637, a bill to United States are especially important SAP in support of TAG, and I ask temporarily extend the transaction account and United States citizens who are unanimous consent to have it printed guarantee program, and for other purposes. peaceful in their intent, innocent in in the RECORD. Harry Reid, Joseph I. Lieberman, Jeff their observation of the Mexican laws, There being no objection, the mate- Bingaman, Richard Blumenthal, Mark where no harm has been done, should rial was ordered to be printed in the Begich, Jon Tester, Max Baucus, Herb be treated respectfully. Send that U.S. RECORD, as follows: Kohl, Kay R. Hagan, Barbara A. Mikul- ski, Tim Johnson, Mary L. Landrieu, EXECUTIVE OFFICE OF THE PRESI- marine back to America and back to Kent Conrad, Jeanne Shaheen, Jeff DENT, OFFICE OF MANAGEMENT his family in Miami. Merkley, Daniel K. Akaka, Mark L. AND BUDGET, Mr. President, I yield the floor, and I Pryor. suggest the absence of a quorum. Washington, DC, December 11, 2012. The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The STATEMENT OF ADMINISTRATION POLICY imous consent, the mandatory quorum clerk will call the roll. S. 3637—TRANSACTION ACCOUNT GUARANTEE The assistant legislative clerk pro- PROGRAM TEMPORARY EXTENSION call has been waived. ceeded to call the roll. (Sen. Reid, D–NV) The question is, Is it the sense of the Senate that debate on the motion to Mr. JOHNSON of South Dakota. Mr. The Administration supports Senate pas- President, I ask unanimous consent sage of S. 3637, which would temporarily ex- proceed to S. 3637, a bill to temporarily that the order for the quorum call be tend the unlimited deposit insurance cov- extend the transaction account guar- rescinded. erage for noninterest-bearing transaction ac- antee program, and for other purposes, The PRESIDING OFFICER. Without counts. The Transaction Account Guarantee shall be brought to a close? objection, it is so ordered. (TAG) Program played an important role in The yeas and nays are mandatory Mr. JOHNSON of South Dakota. Mr. maintaining financial stability and banking under the rule. President, I want to express my sup- system liquidity for consumers and busi- The clerk will call the roll. nesses during the financial crisis. While the The legislative clerk called the roll. port for S. 3637, a temporary extension Administration supports a temporary exten- of the Transaction Account Guarantee, sion of the program, it remains committed Mr. DURBIN. I announce that the or TAG, Program. to actively evaluating the use of this emer- Senator from Hawaii (Mr. INOUYE) and The program, which is administered gency measure created during extraordinary the Senator from New Jersey (Mr. LAU- by the FDIC for insured depository in- times and a responsible approach to winding TENBERG) are necessarily absent.

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.014 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7724 CONGRESSIONAL RECORD — SENATE December 11, 2012 Mr. KYL. The following Senators are The yeas and nays were ordered. under rule XXII, the Chair directs the necessarily absent: the Senator from AMENDMENT NO. 3315 TO AMENDMENT NO. 3314 clerk to read the motion. Georgia (Mr. CHAMBLISS) and the Sen- Mr. REID. Mr. President, I have a The bill clerk read as follows: ator from Illinois (Mr. KIRK). second-degree amendment at the desk. CLOTURE MOTION The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The We, the undersigned Senators, in accord- any other Senators in the Chamber de- clerk will report. ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move siring to vote? The bill clerk read as follows: The yeas and nays resulted—yeas 76, to bring to a close debate on S. 3637, a bill to The Senator from [Mr. REID] pro- nays 20, as follows: temporarily extend the transaction account poses an amendment numbered 3315 to guarantee program, and for other purposes. [Rollcall Vote No. 225 Leg.] amendment No. 3314. Harry Reid, Debbie Stabenow, Tom Har- YEAS—76 The amendment is as follows: kin, Jeff Bingaman, Robert Menendez, Tom Udall, Jack Reed, Kay R. Hagan, Akaka Franken Moran In the amendment, strike ‘‘5 days’’ and in- Alexander Gillibrand Murkowski Tim Johnson, Richard Blumenthal, Bill sert ‘‘4 days’’. Baucus Grassley Murray Nelson, Patrick J. Leahy, Sherrod Begich Hagan Nelson (NE) MOTION TO COMMIT WITH AMENDMENT NO. 3316 Brown, Robert P. Casey, Jr., Max Bau- Bennet Harkin Nelson (FL) Mr. REID. Mr. President, I have a cus, John F. Kerry, Thomas R. Carper. Bingaman Hoeven Portman motion to commit the bill with in- Blumenthal Hutchison Pryor Mr. REID. Mr. President, I ask unan- Blunt Isakson Reed structions, which is at the desk. imous consent that the mandatory Boozman Johanns Reid The PRESIDING OFFICER. The quorum under rule XXII be waived. Boxer Johnson (SD) Rockefeller Brown (MA) Kerry clerk will report the motion. The PRESIDING OFFICER. Is there Brown (OH) Klobuchar Sanders The bill clerk read as follows: objection? Burr Kohl Schumer Without objection, it is so ordered. Shaheen The Senator from Nevada [Mr. REID] moves Cantwell Kyl to commit the bill, S. 3637, to the Senate ORDER OF BUSINESS Cardin Landrieu Snowe Carper Leahy Stabenow Committee on Banking, Housing, and Urban Mr. REID. Mr. President, as provided Casey Levin Tester Affairs, with instructions to report back under the previous order, at 4 p.m. Coats Lieberman Udall (CO) forthwith with an amendment numbered today, the Senate will proceed to exec- Cochran Lugar Udall (NM) 3316. utive session to consider Calendar Nos. Collins Manchin Vitter The amendment is as follows: Conrad McCain Warner 762 and 829. For the information of the Coons McCaskill Webb At the end, add the following new section: Senate, we expect at least one rollcall Cornyn McConnell Whitehouse SEC. lll. vote on the nomination of John E. Durbin Menendez Wicker This Act shall become effective 3 days Dowdell to be U.S. district judge for Enzi Merkley Wyden Feinstein Mikulski after enactment. the Northern District of Oklahoma and Jesus G. Bernal to be U.S. district NAYS—20 Mr. REID. I ask for the yeas and nays judge for the Central District of Cali- Ayotte Hatch Roberts on the motion. Barrasso Heller Rubio The PRESIDING OFFICER. Is there a fornia at about 4:30 today. Coburn Inhofe Sessions sufficient second? The PRESIDING OFFICER. The Sen- Corker Johnson (WI) Shelby There appears to be a sufficient sec- ator from Utah. Crapo Lee Thune ond. SENATE RULES CHANGES DeMint Paul Toomey Graham Risch The yeas and nays were ordered. Mr. HATCH. Mr. President, some things never change in the Senate. For AMENDMENT NO. 3317 NOT VOTING—4 more than 200 years, our practice of ex- Mr. REID. Mr. President, I have an Chambliss Kirk tended debate has been the single most Inouye Lautenberg amendment to the instructions at the defining characteristic of the Senate. desk. The PRESIDING OFFICER. On this For more than 200 years, extended de- The PRESIDING OFFICER. The vote, the yeas are 76, the nays are 20. bate has annoyed the majority and em- clerk will report. Three-fifths of the Senators duly cho- powered the minority. sen and sworn having voted in the af- The bill clerk read as follows: What has changed, however, is that firmative, the motion is agreed to. The Senator from Nevada [Mr. REID] pro- the majority today threatens not only The motion to proceed is agreed to. poses an amendment numbered 3317 to the to change Senate rules and practice in instructions (amendment No. 3316) of the mo- f order to cripple this tradition and con- tion to commit. TRANSACTION ACCOUNT GUAR- solidate power but to use unprece- The amendment is as follows: dented tactics to do it. I urge my col- ANTEE PROGRAM EXTENSION In the amendment, strike ‘‘3 days’’ and in- ACT leagues on both sides of the aisle to sert ‘‘2 days’’. come together and preserve the funda- The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask for mental integrity of this body, even if clerk will report the bill by title. the yeas and nays on that amendment. we may disagree about some of the po- The legislative clerk read as follows: The PRESIDING OFFICER. Is there a litical issues. A bill (S. 3637) to temporarily extend the sufficient second? I wish to explain to my colleagues transaction account guarantee program, and There appears to be a sufficient sec- why neither the ends nor the means for other purposes. ond. that the majority has been discussing AMENDMENT NO. 3314 The yeas and nays were ordered. are legitimate. First, there is no debate Mr. REID. Mr. President, I have an AMENDMENT NO. 3318 TO AMENDMENT NO. 3317 crisis on the Senate floor, none whatso- amendment at the desk. Mr. REID. Mr. President, I have a ever. The PRESIDING OFFICER. The In fact, it is easier to end debate clerk will report. second-degree amendment at the desk. The PRESIDING OFFICER. The today than during most of American The bill clerk read as follows: history. For more than a century since clerk will report. The Senator from Nevada [Mr. REID] pro- we had no cloture rule at all, ending The bill clerk read as follows: poses an amendment numbered 3314. debate required unanimous consent. A The amendment is as follows: The Senator from Nevada [Mr. REID] pro- single Senator could filibuster merely poses an amendment numbered 3318 to At the end, add the following new section: amendment No. 3317. by objecting. From 1917 to 1975, ending SEC. lll. debate required a supermajority of This Act shall become effective 5 days The amendment is as follows: two-thirds, higher than the three-fifths after enactment. In the amendment, strike ‘‘2 days’’ and in- required today. As I said a minute ago, Mr. REID. Mr. President, I ask for sert ‘‘1 day’’. extended debate has always annoyed the yeas and nays on the amendment. CLOTURE MOTION the majority. The PRESIDING OFFICER. Is there a Mr. REID. Mr. President, I have a Today is no different. Yet we hear sufficient second? cloture motion at the desk. the majority claiming there have been There appears to be a sufficient sec- The PRESIDING OFFICER. The clo- hundreds of filibusters, that the rules ond. ture motion having been presented are being abused, that obstruction is at

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.005 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7725 an alltime high. The American people than in the past, both in general and on participate in the development of legis- likely do not know the particulars of motions to proceed. There simply is no lation and then attacks the minority our debate rules and practices but Sen- crisis, no unprecedented abuse that re- for opposing the passage of that same ators making such claims certainly quires some sort of fundamental legislation. should. change in the rules and traditions of Again, that is not the way the Senate The majority pumps up the filibuster this body. is supposed to operate. It is not just numbers by claiming that every clo- Rather than blowing up the Senate, I the minority who suffers from this ture motion is evidence of a filibuster. suggest that the majority actually try strategy. More to the point, the Amer- They know that is not true. As the working with the minority. That is ican people suffer. They sent us to be Congressional Research Service says: something we have not seen under the real Senators, individuals who rep- The Senate leadership has increasingly uti- current majority leader’s tenure. Since resent them and their concerns. They lized cloture as a routine tool to manage the the Democrats took control of the Sen- expect us actually to legislate, which flow of business, even in the absence of any ate in 2007, the majority leader has not means to amend as well as debate leg- apparent filibuster. . . . In many instances, only routinely filed cloture motions to islation, not simply to vote on what- cloture motions may be filed not to over- prevent debate, but he has severely ever the majority puts in front of us. come filibusters in progress, but to preempt limited the minority’s ability to offer Our constituents want us to force at- ones that are only anticipated. amendments. Since the majority leader tention to public issues, even when the That is what is going on today. The is at the front of the line in this body, majority would prefer to avoid them. majority leader often files a cloture he uses that preference to offer amend- This is the caliber of representation motion as soon as a motion or a bill be- ments so the minority cannot. He did our constituents both demand and de- comes pending. He does that to prevent that here just a few minutes ago. serve. The rules and practices of the debate from starting, not to end debate The current majority leader has used Senate have been designed to facilitate that is underway. In the last three Con- this tactic more than 60 times, more just this kind of representation. It is gresses under this majority, a much than any previous majority leader of these same rules that the majority now higher percentage of cloture motions either party. In fact, he has done so seeks to change because they find them got withdrawn without any cloture more than all previous majority lead- inconvenient. vote at all than under the last three ers combined. It is one thing to require There is a conceit expressed in Wash- Congresses under a Republican major- a majority to pass an amendment, but ington that what happens in Congress ity. the effect or, rather, the intent of this is beyond the comprehension of inter- The majority leader appears to think tactic is to require Senators in the mi- est of most Americans. But that is not that debate itself is simply dilatory. nority to obtain the majority leader’s so. When our voice is stifled, full rep- While extended debate has long been permission to even offer amendments resentation for our constituents is de- annoying to the majority, this major- in the first place. nied. When we are gagged, the people ity leader apparently believes any de- Isn’t that ironic? The majority leader are gagged. Nothing can be easier to bate is annoying. uses the rules to his legislative advan- grasp or to provoke greater public in- Neither filing a cloture motion nor tage but wants to strip from the minor- dignation. So my first point is that debate is taking a cloture vote is evidence of a ity the ability to do the same. The Sen- not the problem. If there is a crisis, it filibuster. A filibuster occurs when an ate is not supposed to work that way is the majority’s gambit of preventing attempt to end debate, such as a clo- and did not when Democrats were in amendments and then filing hundreds ture vote, fails. That is why some on the minority. Back in April 2005, when of cloture motions to prevent debate. the other side of the aisle want to ad- he was the minority whip, our distin- My second point is that the unprece- dress what they claim is a filibuster guished current majority leader de- dented tactic threatened by the major- problem by changing the cloture rule. fended the minority’s ability to offer Let’s use some common sense and ity to limit debate even more will only even nongermane amendments because further undermine the integrity of this stop misleading our fellow citizens doing so prompted Senate consider- about how this body operates. A fili- body. ation of subjects that the majority Some of those pushing in that direc- buster is a debate that cannot be may have ignored. tion have never served in the minority. stopped. During this 112th Congress a That was then; this is now. Today it But all Senators should be alarmed by much smaller percentage of cloture does not require three-fifths to block this prospect. The majority has talked votes have failed than in the past. That an amendment. The majority leader about changing Senate rules to elimi- is right. Cloture votes today are more can and has done the same thing all by nate the opportunity to filibuster mo- successful in preventing filibusters himself. This kind of silencing of mi- tions to proceed. This opportunity has than in the past. nority views does not even happen in been available to Senators since at The same is true about motions to the House of Representatives, which least 1949, and as I have mentioned, the proceed, which is the particular focus operates by majority rule across the majority leader himself repeatedly of those who are now threatening to board. In the House, the majority seized that opportunity when he was in weaken debate by forcing a rules party, either Republican or Demo- the minority. change. In the 112th Congress, 32 per- cratic, often limits amendments, some- I do not believe the cloture rules cent of cloture votes on motions to times barring them entirely. need to be changed. I do believe, how- proceed have failed, compared to an av- But at times the minority is entitled, ever, that if the Senate is to consider a erage of 54 percent during the previous before final passage, to a motion to re- change, it should follow the process dozen congresses. Put simply, the cur- commit, which means a chance to pro- laid out in our rules. rent Senate majority has used cloture pose a different version of the bill. This That process exists for a reason. It is to prevent filibusters on motions to motion is not merely symbolic. Not in- the process we have used to change proceed more effectively than in the frequently that motion carries. In con- rules in the past, and there is no reason past. trast, when the Senate majority leader other than a raw power grab to do it By the way, during the last several fills the amendment tree, as he just any other way. Congresses when the Democrats were did, he precludes anything such as the Senate rules specify that ending de- in the minority, the current majority House’s motion to recommit. bate on a rules change needs approval leader and majority whip voted to fili- When the minority’s rights are tram- by two-thirds of Senators present and buster motions to proceed dozens of pled like this, what is it to do? Acqui- voting, and there is a very good reason times. As I said, extended debate has esce or respond in self-defense? Frank- this is so. This cloture hurdle on rules always annoyed the majority and em- ly, it should be no surprise that a mi- changes exists to ensure that such powered the minority. nority blocked from influencing legis- amendments are not made without bi- Once again, it is easier to end debate lation through amendments would de- partisan cooperation. If anything today than during most of American mand extended debate by opposing clo- should require broad consensus, it history. The majority has done so more ture. But look what happens. The ma- should be the rules by which this insti- effectively in the current Congress jority obstructs the minority’s right to tution itself operates.

VerDate Mar 15 2010 00:57 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.034 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7726 CONGRESSIONAL RECORD — SENATE December 11, 2012 That is how, for example, we changed would be sympathetic to the current mittee and considered in the regular the rules in 2007 concerning the con- majority’s views on policy, did so while course of business. If the proposals tent of conference reports and the use in the majority. He stated in his fare- have merit, support for them will cross of earmarks or how we established a well address his opposition to changing party lines. way to provide for public disclosure of the Senate rules in the way the major- Bipartisan solutions are urgently holds. All of these changes, some of ity leader presently proposes. needed to resolve the Nation’s prob- which require amending the rules, oc- My friend Senator Dodd had this to lems. I speak as a Senator with a long curred during the tenure of the present say: record of working with Democrats to majority leader. None was muscled I have heard some people suggest that the achieve bipartisan consensus and an- through by majority fiat or forced on Senate, as we know it, simply can’t function swers. But invoking the nuclear option an unwilling minority. Bipartisanship on such a highly charged political environ- will unnecessarily start a new Congress was possible because these changes ment, that we should change the Senate on a divisive and discordant tone. It were good for the Senate. rules to make it more efficient, more respon- will generate a poisonous climate guar- But now we have learned that the sive to the public mood, more like the House anteed to impair our capacity to co- of Representatives . . . I appreciate the frus- operate. No majority can expect the majority may begin the next Congress tration many have with the slow pace of the by disregarding our rules and attempt- legislative process . . . Thus, I can under- minority to stand on the side lines ing to change those they find inconven- stand the temptation to change the rules while its rights are destroyed and its ient by a simple partisan majority. that make the Senate so unique—and simul- place in this body is diminished. Any They threaten, as they did before the taneously, so frustrating.’’ minority of either party would defend start of the current Congress, to use Senator Dodd continued: its place and defend the integrity of the so-called nuclear option to force But whether such a temptation is moti- this body. We will do so now if the ma- new rules by single-party will. The sub- vated by a noble desire to speed up the legis- jority pursues this reckless and en- stantive changes they have proposed lative process, or by pure political expedi- tirely unnecessary course. would be degrading enough to the Sen- ence, I believe such changes would be unwise. I urge the majority to respect the ate. The method they propose to im- In conclusion, Senator Dodd said: traditions of the Senate and to follow pose them would be catastrophic. We 100 Senators are but temporary stew- our rules. I urge the majority to avoid I urge my colleagues, from freshmen ards of a unique American institution, rather than generate those crises. to the most senior Members, to take founded upon universal principles. The Sen- I have to say that we do not want to some guidance from our predecessors, ate was designed to be different, not simply be like the House. This is a place where such as Senator Mike Mansfield, who for the sake of variety, but because the fram- legislation has to be cooled, according served in the minority and later be- ers believed that the Senate could and to Washington. This is a place where came majority leader. In 1975, when should be the venue in which statesmen we have to do more reflection. This is would lift America up to meet its unique a place where there are rights in the Senators similarly proposed using this challenges. same nuclear option similarly to minority that are time-honored rights, change the cloture rule by simple ma- Those who know both Senator Dodd for good reasons. Yes, we don’t always jority, he said this tactic would ‘‘de- and me know that we didn’t agree on get our will or our way here. That is stroy the very uniqueness of this body much during our years together in the tough for some of us sometimes. But, . . . and . . . diminish the Senate as an Senate. However, on this point, I have on the other hand, rather than throw institution of this government.’’ He to say that Senator Dodd couldn’t have these rules out or to modify them in said it would ‘‘alter the concept of the been more right. We did agree on a ways that really diminish them and to Senate so drastically that I cannot number of things, but it took bipar- use a nuclear option, it is less than under any circumstances find any jus- tisan agreement to be able to accom- honorable, in my opinion. tification for it.’’ plish that. But the fact is that I have been Senator REID expressed a similar Rules changes such as the ones pro- through a lot of this, and I have to say view in 2003 when he was the minority posed by the majority would alter the there is a reason these rules are in ex- whip, arguing that rules changes very nature of the Senate and under- istence, and you don’t just throw them should be considered through regular mine its unique purpose. For more out the door for political advantage. order, through the process our rules than two centuries, the procedural The fact is that this body was never in- provide. Senator REID reaffirmed that rights of individual Senators, both in tended to be one where you could just view in 2005 when he was minority the majority and in the minority, have sluice things through any way you leader, saying that the so-called nu- been a hallmark of this body. Those want to and where the majority could clear option would amount to breaking rights and the rules and practices de- get its will no matter what happens. the rules to change the rules. veloped to protect them have earned us This is a body where literally we have Senator REID further observed: the reputation as the world’s greatest to deliberate. This is a body where we One of the good things about this institu- deliberative body. Among those rights need to bring about a bipartisan con- tion we have found . . . is that the filibuster, are the minority’s right to offer sensus. Now, that is hard sometimes, it which has been in existence since the begin- amendments and debate. The majority is painful sometimes, it is irritating as ning, from the days of George Washington— has already put the former under at- can be sometimes, but it is the right we have changed the rules as it relates to it tack, and now the majority leader thing to do. a little bit but never by breaking the rules. threatens to undermine the latter. I really don’t believe the majority In other words, if the majority wants Quite simply, the majority would leader is going to push this. I think he to grab even more power, if blocking weaken this institution in a partisan is a better man than that. And I don’t amendments is not enough for them, if quest for power. Do these steps serve believe most Senators in the majority debate is too annoying for them, if the Constitution? Do they maintain would put up with that because they they want to rig the rules to further checks and balances? Do they foster bi- are better men and women than that. sideline the minority, then they should partisanship? Do they benefit the I have to say, on our side, we would use the process we have here in place in American people? The answer to all of like to see full debate. We get a little the Senate. They should make their these questions is resoundingly nega- tired of the majority leader calling up case and present their arguments, and tive. the bill, filing cloture immediately, if they are compelling enough to at- I urge my good friend the majority and then filling the amendment tree so tract a wide consensus, then the rules leader and my friends and colleagues no amendments can be brought up un- of this body can be changed. That is on the other side to exercise serious less he approves them. That is not the the way we have changed rules in the self-restraint over whether and how Senate’s way. I am not saying you can past. Senator REID expressed this view Senate rules changes proceed. Those never fill the amendment tree, but that when he was in the minority. who are unhappy with the rules are should only be used at the end of the Former Senator Chris Dodd, a good free to propose amendments. As we debate when it has gone on too long friend to many of us still in this Cham- have done in the past, those proposals and it has to be brought to a close. It ber and someone who, I would surmise, should be referred to the Rules Com- should not be used at the beginning of

VerDate Mar 15 2010 00:57 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.036 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7727 the debate. This is a body where we filibuster, and I was able to stop a lot any type of showdown at the OK Cor- allow nongermane amendments. It is a of legislation that came over from ral. That is ridiculous. We don’t need body where we have rights. It is what Newt Gingrich’s House. I believe in the that. We can talk as friends and figure makes it the greatest deliberative body filibuster completely, and I think it is out some of these commonsense re- in the world. It is a body where rules important to protect minority rights. forms that we can do without having to make a difference. But I do think there is such a thing as get angry at one another. I don’t think Even though they are to our dis- the use of the filibuster versus the it serves anyone’s purpose if we are all advantage now, I will argue exactly the abuse of the filibuster. So my position angry at one another over this. same if anybody on our side, when we has always been clear that I think the THE FISCAL CLIFF get in the majority, decides to change abuse of the filibuster is wrong. My last comments have to do with these rules this way. So I hope we all When I first came here, I thought, the fiscal cliff. I stand here 21 days be- think it through because there will be well, we should just do away with the fore a tax increase on all Americans is all-out war from this day on, from the 60-vote rule. I came to understand that going to occur. This tax increase will day on that we use the nuclear option I didn’t really, at the end of the day, go up $2,200 for an average middle-class to change perhaps the most important wind up believing that was wise. So I family. rule in the Senate. am working with colleagues to figure That is the bad news. Taxes are going The filibuster rule is a time-honored out a way we can have a talking fili- to rise. Here is the great news. The right by the minority. It is one of the buster but protect the rights of the mi- great news is the Senate already passed only protections the minority has—or nority. But I have to say, I don’t think legislation to fix the problem. And should I say one of the few protections there ought to be a filibuster allowed guess what. We didn’t do it yesterday the minority has—and it should not be on a motion to proceed to a bill. We or the day before yesterday. We saw it thrown away frivolously. have seen that abused and abused and coming and we passed it on July 25, I say to my colleagues on the other overused. These are the kinds of things 2012. We passed the middle-class tax side, you may not believe it, but some- we should get together on as col- cuts. My understanding is we took care day you are going to be in the minor- leagues, as friends, across the issues of the AMT. ity, and you don’t want to see these that divide us and not engage in fili- The fact is all that now has to hap- rules thrown out any more than we do. busters on a motion to proceed to a pen is for the House to take up our bill. If we ignore this, ‘‘Katy, bar the door.’’ bill. There is plenty of time to fili- If they take up our bill and they pass We will have obstructed and hurt the buster the bill itself. There is plenty of our bill, we will see everyone in Amer- greatest deliberative body in the world time to argue. But it seems to me who- ica keep their tax cuts up to $250,000 in and the system that has allowed us to ever is the majority leader, be it a income, and after that $250,000 we will be the greatest deliberative body in the Democrat or a Republican, he or she go back to the Clinton rates. world. should have the right to take us to a But here is the really good news, if I yield the floor. bill. I think that is a power that should we do that: We will raise $1 trillion and The PRESIDING OFFICER (Mr. lie with the majority, whoever that reduce our debt by $1 trillion. There is FRANKEN). The Senator from Cali- majority is. So I would certainly ap- no reason why Speaker BOEHNER fornia. prove of fixing that problem. shouldn’t bring this bill to a floor vote. Mrs. BOXER. I ask unanimous con- In addition, how many filibusters do He will win the vote because I know sent to speak as if in morning business. we have to have before we go to con- Democrats and some Republicans will The PRESIDING OFFICER. Without ference? I will support one and we will definitely support him. He needs to be objection, it is so ordered. fight it out. But three motions that Speaker of the House, not Speaker of Mrs. BOXER. Mr. President, I rise to can be filibustered before going to con- the Republicans, just as Tip O’Neill, speak on a number of matters. ference? That is not doing the people’s when I was there, wasn’t Speaker of Before Senator HATCH leaves the business. Imagine if a bill gets all the the Democrats, he was Speaker of the floor, I really do think it is important way to that conference phase. Remem- House. that we listen to what he said, but I ber, it has gone through the commit- As a matter of fact, the way Tip did also think his criticism of the majority tees of the House and Senate, it has it is, he would get half the Democrats leader was really over the top. We just gone through the votes of the House and half the Republicans—and he finished a defense bill, I say to my and Senate, it has gone through the didn’t care what you were, an Inde- friend, that had over 100 amendments. I conference committee to a vote of the pendent, whatever your affiliation, chair the Environment and Public conference committee. Why on Earth conservative, liberal—and he would go Works Committee. We had a transpor- should we be allowed to filibuster three up to you and say: Can you be with me tation bill that had endless amend- motions? So I think there are ways we on this? It is good for the country. ments. can work together. Ronald Reagan and I agree. Mr. HATCH. Would the Senator yield I know my friends from Tennessee That was Tip O’Neill. And I know for a colloquy? and New York at one point were work- what that is like. Ronald Reagan and Mrs. BOXER. I yield to the Senator. Mr. HATCH. There was no intention ing on ways to prevent any President, Tip O’Neill. So it ought to be President in my mind to disparage the majority be it a Democrat or Republican, from Obama and saying: We leader. I disparage what the majority facing filibusters on more or less rou- should pass this middle-class tax cut. Here is the thing I don’t get. When leader is doing. tine nominations. I could support that Mrs. BOXER. I am glad the Senator change too. But I do want to say, as I the Bush tax cuts went into place they cleared that up. look at the abuse of the filibuster were passed overwhelmingly by Repub- Mr. HATCH. Well, I want to clear it versus use of the filibuster—and, again, licans. Why wouldn’t the same Repub- up because he is a friend. I believe the rights of the minority licans want to make sure they con- Mrs. BOXER. That is fine. must be protected—we have to look at tinue for 98 percent of the people? I Mr. HATCH. But these rules are the bold, stark facts. Since HARRY REID don’t get it. I did not vote for the Bush friends, too, and I feel really deeply became the leader here, he has had to tax cuts then. I am going to vote for about this. I hope the Senator and face 388 filibusters. The last time the them now, for the 98 percent, because other Democrats feel deeply about it Democrats were in the minority we we are coming out of a tough time. I too, because you might wind up in the forced half as many. I think that is too didn’t vote for them then. You know minority someday when some people much, but it is only half as many. So why? I said we would go into huge defi- on our side might want to do what is we have our majority leader facing cits. And I don’t want to say I was being done here today. There is a rea- twice as many as Democrats led, and it right, but we did go into a huge period son for these rules. has gotten out of hand. of deficits. It was that, plus two wars Mrs. BOXER. Reclaiming my time. Members can stand up here and say it on a credit card, and it was a prescrip- Mr. HATCH. I appreciate that. is a horrible thing to try to change the tion drug benefit that was not paid for Mrs. BOXER. I was here in the mi- rules, but my test is abuse versus use. by allowing Medicare to negotiate for nority, and I was able to exercise the I think we can come together and avert lower prices. I voted against that too.

VerDate Mar 15 2010 01:43 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.037 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7728 CONGRESSIONAL RECORD — SENATE December 11, 2012 So here we are at a magic moment in Mrs. BOXER. I want to say this rhe- historically the minority—whoever time—a magical moment because it is torically to Speaker BOEHNER, and I that happens to be—has an opportunity the holiday season—and we know the will quote Senator STABENOW, who is to have amendments. Senate passed the middle-class tax cuts quite eloquent on this point. You have Over the last 25 years, a couple of in July, and we know there are 21 days a three-legged stool here: You have re- things have happened. One is the mo- left before taxes go up on 98 percent of ductions in spending, which we did in tion to proceed has been used to block the people. Rhetorically, I ask the the debt ceiling argument of $1 trillion. bills coming to the floor. That hap- Speaker: Why don’t you just pass this? It is done. You have cuts in the so- pened rarely 25 years ago. But, on the Today I read the Speaker of the called entitlements of $700 billion, other hand, something else happened House said: Well, I don’t want to do which was done under Obamacare— over the last 25 years: a procedure this until I see what programs Barack that is Medicare. The only thing we called filling the tree—which is really Obama is going to cut. That is his lat- haven’t taken care of is the third leg, a gag rule on amendments—was once est thing. To which I respond: Here is which is revenues, and we are sug- rarely used but is now abused. During the deal. In the debt ceiling fight we gesting for that $1.7 trillion that we his tenure, Senator Bob Dole used the cut $1 trillion of spending. It is shown get $1 trillion in revenues. so-called filling the tree procedure, and in those caps that we vote on. Very There have been no revenues put on used it seven times. Later, Senator tough, $1 trillion in spending cuts over the table. The Republicans in the Byrd used it three times when he was 10 years. That equals what we will get House are defending the billionaires, the majority leader. Senator Mitchell from the tax hikes on those over the millionaires—the Koch brothers used it three times; Senator Lott, 11; $250,000. Plus, as part of health care re- and all the rest—from having to pay Senator Daschle, only once, this gag form, we found savings in Medicare of their fair share. rule; Senator Frist, 15. All those lead- $700 billion. In closing, I would say the American ers used it 40 times. Our majority lead- By the way, the Republicans ran ads people are very smart. I believe they er, Senator REID, has used it 68 times. against our people saying the Demo- understand this. They understand what So we can all come up with statistics crats cut Medicare, and we explained it means to raise the age of Medicare, on both sides, but shouldn’t we just re- they were savings, because what we did which we are not going to do. They un- solve that what we would like to do is is we told providers: Cut down on fraud derstand what it means if we do not show the country we are grown-up, re- and abuse—you are overcharging. Be make sure they get that renewed tax sponsible adults; that we can sit down that as it may, the Republicans were cut. They understand what it means and say, yes, we can agree on ways to just wiping their brow and crying for when they see millionaires and billion- make sure that most bills come to the the Medicare recipients and saying we aires who not only have made even floor and Senators get to offer most of cut Medicare. Now they want more more millions and billions, but the dis- the amendments they want to offer on Medicare cuts. They have come up with parity between the middle class and the bill? I think we can do that. I think a plan which would raise the age of the millionaires and billionaires has there is a spirit on both sides of the Medicare, which I think is completely grown wildly. aisle to do that, and I am working to- disastrous, and I will tell you why. This last election was a lot about ward that goal and I know a number of If we were to raise the age of Medi- that. In this election that was not a Democrats and Republicans are doing care recipients, we would leave 300,000 side issue—that millionaires and bil- that. I appreciate the spirit of the Sen- seniors uninsured. Just what we want. lionaires aren’t paying their fair share. ator’s remarks on the rules. Happy New Year, Merry Christmas, and It was not a side issue that we should The Senator from California also Happy Hanukkah all in one. We would have a budget issue that is fair. It is mentioned the fiscal cliff, and I would increase the cost to businesses by $4.5 not a side issue. like to talk about that in two ways. I billion because people would stay It is very easy to resolve this. It is have a little different perspective. longer on the business payroll—their not a good idea for us to fall off that The campaign is over. Congratula- medical payroll—at an age when they cliff. It is not a necessary thing. So I tions to President Obama. He won it. are getting older. We would increase say to the Republicans, you want a tax He won the campaign. Isn’t this an op- out-of-pocket health care costs for cut for everyone, including billion- portunity for the President to now those age 65 and 66 by over $3 billion. aires. How about taking it for 98 per- shift gears, to become President of the We would increase costs to the States cent of the people? I think that is a United States—to do for the debt that by $700 million. We would cost millions deal you should grab and leave Medi- we have, for the social safety net pro- of seniors age 65 and 66 $2,200 more for care alone. Let’s do this now, and when grams that are in jeopardy, to show the health care. And we would increase we come back we can get a budget deal same kind of leadership on those issues premiums for all other seniors enrolled that is fair all around. that President Eisenhower did on the in Medicare by 3 percent because the Mr. President, I yield the floor. population enrolled in Medicare would The PRESIDING OFFICER. The Sen- Korean war; that President Lincoln did be older and less healthy. ator from Tennessee. on the Civil War; that President In other words, we would be pulling Mr. ALEXANDER. Mr. President, I Reagan did working with Tip O’Neill as the healthiest seniors out of Medicare ask unanimous consent to speak as if was mentioned on Social Security— so that those who are left are sicker, in morning business. that was a difficult thing to do back in and premiums would go up on every- The PRESIDING OFFICER. Without the early 1980s—and President Clinton body else. objection, it is so ordered. did on welfare reform. The source for these statistics is the Mr. ALEXANDER. Mr. President, Robert Merry, who wrote the biog- Kaiser Family Foundation and the while the Senator from California is raphy of James K. Polk, said the other Congressional Budget Office. I ask still on the Senate floor, I want to day: In the history of the United States unanimous consent to have printed in thank her for her comments on the every great crisis has been solved by the RECORD these facts regarding the Senate rules. Presidential leadership or not at all. raising of the Medicare eligibility age. I would agree this is something we A number of us have made our sug- There being no objection, the mate- should be able to talk amongst our- gestions about what to do about the rial was ordered to be printed in the selves and work out. Some of us who fact that our debt is too big, we are RECORD, as follows: have been here for a little while and spending money we don’t have, and one Raising the Medicare eligibility age would: watch the Senate know it is a unique way or the other we have to fix it. It is Leave nearly 300,000 seniors uninsured. institution. Fundamentally, most of us that simple. We shouldn’t be borrowing Increase costs to businesses by $4.5 billion. Increase out-of-pocket health care costs on both sides of the aisle know we are 42 cents of every dollar we spend. So we for those aged 65 and 66 by $3.7 billion. not functioning as effectively as we have to fix it. And a number of us have Increase costs to states by $700 million. should. And there are only two things said on the Republican side: We will Cost millions of seniors age 65 and 66 an that need to happen: We need to get hold our noses and do some things we average of $2,200 more for health care. Increase premiums for all other seniors en- bills to the floor, and then we need to normally wouldn’t do. rolled in Medicare by about 3 percent, be- have amendments. Historically, it has If the President will come forward cause the population enrolled in Medicare been the responsibility of the majority with a reasonable proposal on restrain- would be older and less healthy. to decide what comes to the floor, and ing entitlement spending, we will help

VerDate Mar 15 2010 01:43 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.039 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7729 raise revenues and we will put the two on Medicare unless we take some steps tively bargain. Federal laws have rec- together, and that makes a budget to save it? I mean, we can all count. We ognized that since the 1930s. But since agreement that the new Foreign Min- know, from the Urban Institute, the 1947, the Federal Government has also ister of Australia described in this way: average two-earner couple who retires said that States have the right to de- The United States of America is one this year will have paid about $122,000 termine whether to a state may pro- budget agreement away from re- into Medicare during their lifetime and hibit compulsory unionism. So if asserting its global preeminence, one are going to take $387,000 out, that sim- Michigan goes the way of the right-to- budget agreement away from stopping ply can’t continue. One way or another work law, 24 States have made that de- all talk in the Pacific area of Amer- we have to make certain that the mil- cision. ica’s decline, one budget agreement lions of Americans who are looking for- The President also said that these away from showing that we can govern ward to Medicare can count on it when right-to-work laws ‘‘have nothing to do ourselves. they become eligible for Medicare. We with economics and everything to do So why don’t we do that? Well, I was have the same responsibility with So- with politics.’’ I would respectfully dis- Governor of a State. That is a much cial Security. agree with that based upon my life’s smaller potatoes job—I know that— So I would hope the President would experience. Thirty years ago, Ten- than being President. But if we needed recognize there are a lot of us on both nessee was the third poorest State. I better roads—which we did—and I wait- sides of the aisle who want to reach a was looking around for a way to in- ed around for the legislature to come budget agreement. We are waiting for crease family incomes and to attract up with a road program, we would still his leadership. He is not sitting around new jobs. So I went off to Japan to re- be driving on dirt roads. If I wanted to a table as one Senator anymore. He is cruit Nissan. We had virtually no auto recruit the Japanese industry to Ten- the President. He is the agenda setter. jobs in Tennessee at the time. They nessee—which we did—and I waited We need his proposal. Then we can took a look at a map of the United around for the legislature to decide react to it and then we can agree on it. States at night with the lights on, which country to go, we wouldn’t have He is not the Speaker. He is not the showing that most of the people lived any of the auto jobs we now have. If we majority leader of the Senate or the in the east. While most of the people needed to reward outstanding teaching, minority leader. He is the President of lived in the east, the center of the mar- and I waited around for the legislature the United States. ket is where you wanted to be if you to decide how to be the first State to Just as President Eisenhower, Presi- are making big heavy things, and the pay more for teaching well, we dent Reagan, President Lincoln, all of center of the market had moved toward wouldn’t be doing it at all—which we the Presidents who have led in resolv- the southeast. So Tennessee and Ken- are now leading the country in doing. ing great crises, I hope President tucky were more in the center of the I am trying to say that the way our Obama will as well. market than Michigan or other states constitutional system works, at the I want him to succeed in resolving where autos had normally been manu- smaller level in a State with the Gov- this crisis, and the crisis includes not factured. So Nissan looked aggressively ernor, or at the national level with the just raising taxes on rich people—I at Tennessee, Kentucky, and Georgia. President, the President sets the agen- mean, of course, most people are in But then they looked at something da. favor of raising taxes on the guy with else. Lyndon Johnson’s press secretary, the bigger house down the street. It in- None of the States north of us had a George Reedy, said: The President’s job cludes finding a way to fix the debt. right-to-work law. They had a very dif- is, No. 1, to see an urgent need; No. 2, I would make one other point on the ferent labor environment. So Nissan to develop a strategy to deal with the fiscal cliff. I mentioned that I thought came to Tennessee. They weren’t the need; No. 3, persuade at least half the the campaign was over, but the Presi- only ones. General Motors and the people he is right. Well, President dent was in Michigan yesterday on United Auto Workers partnership came Obama has done 1 and 3, but he hasn’t what looked like a campaign event. It to Tennessee with a Saturn plant. They done 2. We are all sitting around wait- seems to me, that time would have still have an important General Motors ing for the President’s proposal on been better spent here in Washington, plant there where the workers are what to do about fixing the debt. He D.C. working on the fiscal cliff, but he members of the United Auto Workers, has told us what he wants to do about was in Michigan. By my way of think- but it is in a right-to-work State. Over taxes, but he has not yet said what to ing, he was doing two things: First, he the last 30 years, there have probably do about spending on runaway entitle- was encouraging the people of Michi- been a dozen large assembly plants ment programs which we all know we gan to continue to deny working people built in the Southeastern United have to fix. If he will do that, we will the right to get or keep a job without States. There are about 1,000 suppliers get a result. having to pay union dues; and, second, in our State today. We are not the President. We wanted to continue to perpetuate a system What has been the effect of the ar- to be. We tried to be. Some of us have that will keep our auto industry from rival of the auto industry in Tennessee, even run for the office, but we are not. being able to compete in the world attracted by, among other things, our He is. It is a great privilege. He won marketplace. right-to-work law? One-third of our the election. We congratulate him for Michigan is on the verge of becoming manufacturing jobs today are auto-re- that. So let’s have the President’s pro- the 24th right-to-work State in the lated jobs. And what has been the ef- posal. We need Presidential leadership United States. The state Senate and fect on the United States? It has main- on the question. the House each passed separate bills in tained a competitive environment And it is not just an abstract matter Michigan last week. They passed a where those who want to sell cars in of a budget agreement so that the Aus- final bill today, and I understand the the United States can make them in tralian Foreign Minister is happy with Governor is about to consider whether the United States. Without that com- the United States, his ally. to sign it. This is what it will do: petitive environment, my guess is that I know a lot of people in Tennessee— It will ensure that employees in most of those cars would be made in hundreds of thousands of them actu- Michigan do not have to pay union Mexico or some other place around the ally—who can’t wait until they are 65 dues in order to get or keep a job. world. years old in order to get Medicare so The President said yesterday that If you don’t believe me, read David they can be assured they can afford Michigan legislators shouldn’t be tak- Halberstam’s work in 1986, a book their health care bills. There are hun- ing away the people’s right to bargain called ‘‘The Reckoning’’ about the dreds of thousands of people in our for better wages or working conditions. American auto industry. In Mr. State for whom Social Security is their But no one, in passing a right-to-work Halberstam’s words, the big three only or most of their income. law, is taking away workers’ rights. carmakers and the United Auto Work- What do we say to them? Do we say They’re actually giving them a new ers, had enjoyed setting wages, setting to them that we are going to ignore the right—the right not to have to pay prices, and ultimately became uncom- fact—let’s just take Medicare—that union dues in order to get or keep a petitive. They laughed at these little they are not going to be able to depend job. Workers have the right to collec- Datsuns that Nissan was selling on the

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.041 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7730 CONGRESSIONAL RECORD — SENATE December 11, 2012 west coast and these little Beetles that tive world, where jobs can be any- some Democrats—not a whole lot, I Volkswagen was selling in the United where, where things can be manufac- hope none, but some Democrats—who States in the 1960s and 1970s. They ig- tured anywhere, we want at least those may end up going along with that dis- nored the warning of Mitt Romney’s fa- things that are going to be sold here to astrous proposal. That is hypocrisy. ther, George Romney, the president of be made here. Having a right-to-work Everybody during the campaign is say- the American Motors Corporation, who law which permits the UAW and Gen- ing the other guy wants to cut Medi- said there is nothing more vulnerable eral Motors to have a partnership at care. The day after the campaign, our than entrenched success. He said that one plant in Tennessee and Nissan and Republican friends are talking about in the 1960s. And what happened? The Volkswagen to have a nonunion plant devastating cuts and maybe some American automobile industry nearly at another place in Tennessee, by vote Democrats are prepared to support collapsed. of the employees, I submit, will make that. I believe what saved the industry, as us a stronger, competitive country. Raising the Medicare eligibility age much as anything else, was the right- It has everything to do with econom- from 65 to 67 would be an unmitigated to-work laws and the existence of a ics, and I wish the President yesterday disaster. It would cut Medicare benefits competitive environment in the South- had spent his time on the fiscal cliff in- by $162 billion over the next decade and eastern United States, where workers stead of going to Michigan and arguing would deny Medicare to over 5 million could make cars efficiently, be paid in favor of denying workers their right Americans who are 65 or 66 years old. well for their work, and make them get or keep a job without having to pay The American people, when asked here in the United States, instead of in union dues, and denying efforts to keep how do you feel: We are looking at def- Japan. What President Carter said to our American automobile industry as icit reduction. Do you think it is a me when I was Governor of Tennessee competitive as it needs to be in the good idea to raise the Medicare age? was: Governors, go to Japan, persuade world marketplace. The American people overwhelmingly them to make in the United States I yield the floor. say, no, that is a dumb idea, don’t do what they want to sell in the United The PRESIDING OFFICER. The Sen- it. States. They did that and they did ator from Vermont. According to a November 28, 2012, well. In fact, the Nissan plant has, for MEDICARE ABC News Washington Post poll, 67 year in and year out, been the most ef- Mr. SANDERS. Mr. President, it is percent of the American people are op- ficient and successful auto plant in no great secret that the Congress has a posed to raising the Medicare eligi- North America. very low favorable rating. Many people bility age, including 71 percent of The right-to-work law has been about shake their heads and they wonder why Democrats and, I suggest to my Repub- jobs and it has made a difference in this institution is so dysfunctional. lican friends, 68 percent of Republicans, Tennessee. I am not entirely sure why There are a lot of reasons for that, but 62 percent of Independents. Michigan has had a difficult time with While there may be division in the its economy lately, but perhaps not I suggest one of the reasons has to do with a lot of hypocrisy that we see in Senate or House, there is no division being a right-to-work state is one rea- among the American people. They son. Michigan’s right to adopt this law both bodies of Congress. I will give one example. think it is a dumb idea and the Amer- has been an important part of our law ican people are right. They are right in Tennessee. I have literally grown up As all of us know, during the recent for very obvious reasons. with it. I remember, as a 7-year-old, Presidential campaign, Republicans at- tacked Democrats over and over for Think about some woman who is 66 Senator Taft arguing the Taft-Hartley years of age, not feeling well. She goes Act, or at least I heard my parents talk voting to cut Medicare as part of the Affordable Care Act. They ran a signifi- into the doctor’s office and she is diag- about it. Section 14(b) of the Taft-Hart- nosed with a serious health care prob- ley Act gave States the right to say cant part of their campaign on saying: lem. There is no Medicare there for that workers in their State did not Democrats have cut Medicare. We Re- her. What does she do? She goes over to have to pay union dues to get or keep publicans are here to protect Medicare. a private insurance company. What do a job. In fact, this is exactly what Mitt And I well remember Everett Dirk- Romney said on August 15, 2012. you think the private insurance com- sen’s arguments on the Senate floor in My campaign has made it very clear: the pany is going to charge this person who the mid-1960s. President Johnson, at President’s cuts of $716 billion to Medicare, is already ill? An outrageous rate she the behest of union leaders, wanted to those cuts are going to be restored if I be- cannot afford. What happens to this come President and PAUL RYAN becomes senior, that person who is 65 or 66? Do repeal Section 14(b). Dirksen rose up Vice President. against it. He said: they die? Do they go bankrupt? Do The reality is that what we did under It is the right of the State to do it if it so they go to their kids who do not have desires; if the Governor signs the bill, or if the Affordable Care Act resulted in the money to help them stay alive? It they override the Governor’s veto. That zero cuts to benefits. We tried to make is a disastrous idea. should be their prerogative in a country the system more efficient. But be that Raising the Medicare eligibility age where the States and those who represented as it may, the Republicans posed as from 65 to 67 would leave at least the States in the Constitutional Convention great champions of Medicare against 435,000 seniors uninsured every year. in 1787 were safeguarded by that residual those terrible Democrats who wanted Imagine being 66 and not having health clause in the Constitution. The right of to cut it. Meanwhile, Democrats went insurance. Easy for folks around here States to prohibit compulsory union mem- to town, taking on the Ryan budget bership has been challenged repeatedly by in the Congress to laugh. Easy for union officials. But that right has been which did make devastating cuts to wealthy people to laugh about it. It upheld consistently by the judiciary, includ- Medicare and, in fact, wanted to isn’t so funny when you are living on ing the U.S. Supreme Court. voucherize that program. So we have $15,000 or $20,000 a year and have no Finally, as a Tennessean, I could be Republicans beating Democrats for os- health insurance. It would increase upset that Indiana, and now it appears tensibly—not accurately—trying to cut costs to businesses by $4.5 billion. It Michigan, has adopted right-to-work Medicare, Democrats attacking Repub- would, of course, increase out-of-pock- laws. That puts Tennessee at less of a licans for, in fact—accurately—want- et costs for seniors; the estimate is competitive advantage. I believe in ing to cut Medicare, and where are we about $3.7 billion. States rights. I believe States have the today? For the individual senior, the esti- right to be wrong as well as the right If we read the newspapers we hear mate is that for two-thirds of seniors to be right. With all these Midwestern and we know as a fact that Mr. BOEH- age 65 to 66, they would pay an average States having the right to be wrong NER, the Republican Speaker, has pro- of $2,200 more for health care. They are and not having right-to-work laws, we posed devastating cuts in Medicare—a trying to live on $20,000, $25,000, $30,000 benefited enormously in our State by month after the election where the Re- a year. Suddenly they are hit, on aver- the arrival of the auto industries and publicans said they were going to de- age—could be more, could be less— other manufacturers. fend Medicare. They want to raise the $2,200 a year. On it goes. But for our country to exist over the Medicare eligibility age from 65 to 67. It would increase premiums by about next 20 or 30 years in a very competi- Frankly, I am concerned there may be 3 percent for those enrolled in the

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.042 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7731 health care exchanges created by the want my Republican friends or any address the reality that this country is Affordable Care Act because many 65- Democrats who support that to come losing about $100 billion every single and 66-year-olds would be enrolled in to the floor of the Senate and tell the year from corporations and wealthy the exchanges instead of Medicare. It American people that when we send people who are stashing their money in would save the Federal Government young men and women over to Afghan- the Cayman Islands, Bermuda, and $5.7 billion in 2014, but it would cost istan and Iraq and they got their arms other tax havens, and $100 billion is a seniors, businesses and State and local blown off, they got their legs blown off, heck of a lot of money. governments $11.4 billion—double that, and we are now going to balance the At a time when gas and oil prices double what the Federal Government budget on their backs by cutting bene- have soared recently, when we know would save. fits for disabled veterans—come to the major oil companies have in recent I hope all those folks who, before the floor of the Senate and tell the Amer- years paid nothing, in some cases—de- election—Republicans and Democrats— ican people they support a chained CPI spite being enormously profitable—in were running around the country and which would do exactly that. Federal taxes, we can and must end tax in their own States saying: We are for We have some folks here saying, yes, breaks and subsidies for oil, gas, and the middle class; we are going to pro- people are making billions of dollars, coal companies. tect Medicare—I hope they go back and we don’t want to cut their taxes. But, This country is now spending almost read their preelection speeches and yes, we will cut benefits for disabled as much as the rest of the world com- stick to what they said before the elec- vets who lost their arms and legs in Af- bined in terms of defense. Our friends tion. ghanistan. That is an obscenity and I and allies in Europe provide health That is one of the issues out there in hope very much we do not go in that care for all their people. In many of terms of the so-called fiscal cliff or def- direction. these countries, college education is icit reduction. Let me talk about an- When we talk about deficit reduc- free. We are spending twice as much as other insidious one, in terms of raising tion, we have to deal with it. It is a se- part of our GDP as they spend on de- the age of 65 to 67 on Medicare. That is rious problem. There is a lot of discus- fense. I think it is time to take a hard a disaster, but it is pretty clear, every- sion about the need to deal with $4 tril- look at defense spending, and I think body understands what it is about. lion over a 10-year period, and I sup- we can make cuts there which will still There is now an underhanded way, an port that. Let’s talk about a way we leave us with the kind of military we insidious way that some people are can go forward without balancing the need to defend ourselves. talking about doing deficit reduction, budget on the backs of the elderly, dis- Instead of raising the Medicare eligi- the so-called chained CPI, which no- abled vets, working families. bility age from 65 to 67, instead of cut- First of all, we have to understand body outside Washington, DC, has a ting benefits, we can make Medicare and acknowledge that in the deficit re- clue as to what it is about. and Medicaid more efficient. I believe duction debates of 2010 and 2011, the What it would do is change the for- we can save at least $200 billion over a Republicans won, basically, those nego- mulation in terms of how we deter- 10-year period by eliminating waste, tiations. We have to be honest about mined COLAs for seniors, disabled vets, fraud, and abuse and lowering prescrip- that. Republicans acknowledge that. and others. The bottom line is, in my tion drug costs for seniors. For exam- Some Democrats do. Republicans are view and the view of many economists, ple, the Medicare Part D prescription tougher than Democrats, Democrats we underestimate the inflationary cost drug program prohibited Medicare cave, Republicans stand tall. of what seniors are spending because a from negotiating with the pharma- We have to understand, despite the ceutical companies for lower drug lot of their spending goes into prescrip- fact we have a growing inequality in tion drugs, health care, and that has prices. The VA negotiates, and other this country, rich getting richer, mid- government agencies negotiate. Medi- gone up faster than general inflation. dle class shrinking, after all the discus- What the chained CPI says is: Oh, no. care should be able to do that. sions about deficit reduction, the Fortunately, the war in Iraq is over. What we have now is too generous and wealthiest people in this country have We are about to wind down in Afghani- we have to cut back. We have to make yet to pay one nickel more in taxes. stan, and there are savings there. the COLA skimpier. But because the Democrats are not So before I give the mic over to my This is exactly what a chained CPI quite as tough as the Republicans, colleague from Vermont, I wish to con- would do for people on Social Security. what has happened is that we have cut, clude by saying, yes, we go forward on What it says is that somebody who was in those two negotiations, $1.1 trillion deficit reduction, but there are ways to age 65 would see their benefits cut by in spending already. So if we are talk- do it. At a time of growing wealth and $560 a year when they turn 75 and $1,000 ing about a $4 trillion bill, understand income inequality in America, we can a year when they turn 85. Again, I that we have already cut $1.1 trillion, move forward and make significant re- know we have CEOs from Wall Street which leaves $2.9 trillion to be dealt ductions in our national debt, in our who have huge salaries, who receive with. I think the President is right, deficit, without doing it on the backs huge bonuses, who have the best care and I simply hope this time he sticks of the elderly, the children, the sick, available in the world, they have great to his guns and does what he says. and the poor. retirement programs—these guys who What I am suggesting is that there Madam President, I ask unanimous were bailed out by the working fami- are ways to do deficit reduction that consent that an article from the Wash- lies of America when their greed nearly are fair. The first point, in terms of $4 ington Post on the subject of increas- destroyed the financial system of the trillion over a 10-year period, we have ing the age for Medicare eligibility be world—they are now coming to Capitol already cut over $1 trillion in terms of printed in the RECORD. Hill and they are saying we have to cut spending—$1.1 trillion. No. 2, I think [From , Dec. 11, 2012] Social Security and we have to cut the President is right in suggesting we RAISING MEDICARE AGE COULD LEAVE Medicare and we have to cut Medicaid. have to ask for significant revenue HUNDREDS OF THOUSANDS UNINSURED For those guys, when we talk about from the wealthiest people in this (By Greg Sargent) $560 a year for somebody who is 75, that country—the top 2 percent—without It looks increasingly possible that law- is not a lot of money and $1 thousand asking for any tax increases for the makers will reach a fiscal cliff deal that in- when you are 85—what is a thousand bottom 98 percent. That would add $1.6 cludes a hike in the Medicare eligibility bucks? Let me tell you, $1,000 is a lot of trillion in revenue, bringing us some- age—a concession to those on the right who money when you are trying to survive where around $2.7 trillion, so we have a seem determined to see very deep entitle- on $18,000 or $20,000 a year. We must $1.3 trillion problem. Over a 10-year pe- ment cuts, even if they take benefits away not allow that to take place. riod, that is not a difficult problem to from vulnerable seniors. One argument for There is something many people do solve. raising the eligibility age is that seniors who not know; that is, the chained CPI Let me throw out a few ideas, and I lose benefits can get insurance through Med- icaid or the Obamacare exchanges. would go beyond cutting benefits for am sure other people have equally good But a new report to be released later today seniors on Social Security. It would ideas. undercuts that argument—and finds that up take a real devastating whack at dis- Before we cut Social Security, Medi- to half a million seniors could lose insurance abled veterans. What about that? I care, and Medicaid, we might want to if the eligibility age is raised.

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.044 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7732 CONGRESSIONAL RECORD — SENATE December 11, 2012 The report, by the Center for American EXECUTIVE SESSION Republicans filibustered in July the Progress, points out a key fact that’s been nomination of Robert Bacharach of mostly missing from the debate: The hope of Oklahoma to a judgeship on the Tenth getting seniors who lose Medicare insured NOMINATION OF JOHN E. Circuit. Senate Republicans continue through Obamacare could be seriously com- DOWDELL TO BE UNITED promised by the Supreme Court decision al- to object to voting on this nomination lowing states to opt out of the Medicaid ex- STATES DISTRICT JUDGE FOR and are apparently intent on stopping pansion. This would inflate the number of THE NORTHERN DISTRICT OF his confirmation for the remainder of seniors who could be left without insurance, OKLAHOMA the year. This, despite the reassuring because many would fall into the category of comments made by Republican Sen- lower-income senior that would be expected ators when they joined the filibuster in to gain access to Medicaid through its expan- NOMINATION OF JESUS G. BERNAL September and excused their participa- sion. (Jonathan Cohn has written about this TO BE UNITED STATES DISTRICT tion by saying that after the election extensively.) JUDGE FOR THE CENTRAL DIS- he would receive Senate action. With Here’s how CAP reached its conclusion. TRICT OF CALIFORNIA The nonpartisan Congressional Budget Office the American people’s reelection of recently concluded that a rise in the eligi- The PRESIDING OFFICER. Under President Obama there is no good pur- bility age could mean as many as 270,000 sen- the previous order, the Senate will pro- pose to be served by this further delay. iors are left uninsured in 2021. But that’s as- ceed to executive session to consider But Robert Bacharach and nearly a suming Obamacare is fully implemented in the following nominations, which the dozen judicial nominees, who could be all states. The CAP report points out that 10 clerk will report. confirmed and who would fill four cir- states have publicly declared they will opt cuit court vacancies and five addi- out of the Medicaid expansion, and more are The bill clerk read the nominations undecided. of John E. Dowdell, of Oklahoma, to be tional judicial emergency vacancies, The CAP study then totaled up how many United States District Judge for the are being forced to wait until next seniors below the poverty line live in states Northern District of Oklahoma, and year—or perhaps forever—by the Sen- that may opt out of the Medicaid expansion, Jesus G. Bernal, of California, to be ate Republican leadership. Among using 2011 data. The total: Over 164,000. This United States District Judge for the those nominations is that of William table shows how many of these seniors live Central District of California. Orrick III to fill another judicial emer- in each of these states: gency vacancy in the Northern District Add these to the aforementioned 270,000 The PRESIDING OFFICER. There seniors, and you get a total of approximately will now be 30 minutes of debate equal- of California and that of Brian Davis to 435,000 seniors who could be left without in- ly divided in the usual form. fill a judicial emergency vacancy in surance annually by 2021. And this is a con- The Senator from Vermont. the Middle District of Florida. servative estimate—it’s based on 2011 data, Mr. LEAHY. Madam President, I A perceptive and long-time observer and the population of seniors will grow sig- want to begin by recognizing a signifi- of these matters is Professor Carl nificantly over the next decade. Tobias. I ask that a copy of his recent Now, it’s very possible that many of these cant achievement by the senior Sen- ator from Iowa, our ranking Repub- article entitled ‘‘Obama, Senate Must states will ultimately drop their bluster and Fill Judicial Vacancies’’ from The implement the Medicare expansion. But Re- lican on the Judiciary Committee. publican state lawmakers are also stalling in Today Senator GRASSLEY has served Miami Herald be included in the setting up the exchanges and resisting the for 31 years, 11 months, and 6 days as a RECORD at the conclusion of my re- law in other ways. With Obamacare imple- member of our Committee. His tenure marks. (See exhibit 1.) mentation up in the air, it may be too risky now exceeds that of our friend, former Mr. LEAHY. He recently wrote how to raise the eligibility age and hope chairman, longtime member, and cur- Obamacare can pick up the slack. these vacancies on our Federal trial ‘‘With opponents of the health care law rent Vice President, JOE BIDEN. Sen- courts ‘‘erode speedy, economical and still working to block it at every turn, many ator GRASSLEY is now the sixth long- fair case resolution.’’ He correctly more seniors would become uninsured be- est-serving member in the history of points out that this President, unlike cause they would have nowhere else to the Senate Judiciary Committee. Sen- turn,’’ CAP’s president, Neera Tanden, tells his predecessor, ‘‘assiduously’’ consults ator GRASSLEY and I know how the with home State Senators from both me. ‘‘As a result this misguided proposal Committee should operate in its best would undermine the promise of affordable parties. Senate Republicans nonethe- health care for all.’’ traditions. I will continue to work with less stall confirmations virtually On top of this, the report finds, raising the him to achieve all we can for the Amer- across the board. For example, they are eligibility age could also undermine a key ican people. filibustering the Bacharach nomina- goal of Obamacare by inflating medical costs Today, the Senate will finally be al- tion from Oklahoma and the Kayatta and health care spending, for a range of rea- lowed to vote on the nominations of sons: Cost shifting, tampering with the nomination from Maine, despite the Jesus Bernal to fill a judicial emer- support of Republican home state Sen- health and age levels in insurance pools, and gency vacancy on the U.S. District an increased reliance on private insurance, ators. which isn’t as good as Medicare at control- Court for the Central District of Cali- Professor Tobias observes that the ling costs. fornia and John Dowdell to fill a va- judicial nominees of President Obama In my view, the speculation that Dems will cancy on the U.S. District Court for are ‘‘noncontroversial . . . of balanced ultimately agree to raising the eligibility the Northern District of Oklahoma. temperament, who are intelligent, eth- age has been a bit overheated—it’s not clear Both of these nominees were voted out ical, industrious, independent and di- this is definitely on the table. But it’s cer- of the Judiciary Committee by voice tainly possible. After all, some on the right verse vis a vis ethnicity, gender and seem determined not to accept any entitle- vote before the August recess and ideology.’’ None of these characteris- ment reform as ‘‘real’’ unless vulnerable should have been confirmed months tics or their outstanding qualifications beneficiaries are harmed, and Obama and ago. These confirmations today will matter to Senate Republicans intent many Dems prefer a deal to going over the demonstrate that there was no good on obstruction. The explanations that cliff. So anyone who doesn’t want to see this reason for the delay—just more par- Republicans offer for their unprece- happen should be making noise about it tisan delay for delay’s sake. This un- dented stalling of nominees with bipar- right about now. And there are a range of al- necessary obstruction is particularly tisan support, indicate that Repub- ternative ways to cut Medicare spending egregious in connection with Jesus without harming beneficiaries. licans are fixated on a warped sense of I’ll bring you a link to the report when it’s Bernal’s nomination because it perpet- partisan payback. They recognize none available. uated a judicial emergency vacancy of the distinctions with the cir- Mr. SANDERS. I yield the floor. since the middle of July for no good cumstances in 2004 when President The PRESIDING OFFICER (Mrs. reason and to the detriment of the peo- Bush was seeking to pack the Federal SHAHEEN). The Senator from Vermont. ple of Los Angeles and the Central Dis- courts with conservative activist Mr. LEAHY. Madam President, I ap- trict of California. ideologues and Senate Republicans ran plaud my colleague from Vermont for Also disconcerting is the Senate Re- roughshod over Senate practices and what he has said. I think he expresses publicans’ continuing filibuster against traditions. They ignore the history the feelings of so many Vermonters another Oklahoma nominee. Although since 2004, the resolution of the im- across the political spectrum, so I he had had the support of his two Re- passe by recognition of a standard lim- thank him for doing that. publican home State Senators, Senate iting filibusters only to situations of

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.024 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7733 ‘‘exceptional circumstances,’’ or the confirm 19 judicial nominees in the EXHIBIT 1 marked difference in the role they have lameduck session after the elections in [From the Miami Herald, Dec. 10, 2012] been accorded by President Obama and 2010, including five circuit court nomi- OBAMA, SENATE MUST FILL JUDICIAL me in connection with his judicial nees. VACANCIES nominations from their home States. That is our history and recent prece- (By Carl Tobias) After this vote, the Senate remains dent. Those who contend that judicial Now that President Obama has been re- backlogged with 18 judicial nomina- confirmation votes during lameduck elected and Democrats have retained a Sen- ate majority, he must swiftly nominate, and tions reported by the Judiciary Com- sessions do not take place are wrong. I mittee, including 13 nominations from the upper chamber expeditiously approve, ju- have urged the Senate Republican lead- dicial nominees, especially for the four Flor- before the August recess. They should ership to reassess its damaging tactics, be confirmed before the Senate ad- ida vacancies, so that the courts can deliver but apparently in vain. Their new justice. journs for the year. If the Senate were precedent is bad for the Senate, the On Thursday, senators confirmed 94–0 Cir- allowed to act in the best interests of Federal courts and, most importantly, cuit Judge Mark Walker for the Northern the American people, it would vote to for the American people. District of Florida. However, the Judiciary confirm these nominees and reduce the Committee delayed action on Circuit Judge judicial vacancies that are plaguing Further, their partisan spin on the Brian Davis for the Middle District three our Federal courts and that delay jus- past does nothing to help fill long- times until the June 21 meeting when the tice for the American people. Sadly, it standing vacancies on our Federal panel reported Davis 10–7. The committee courts, which are in dire need of addi- also only held a September hearing for Mag- appears that Senate Republicans will istrate Judge Sherri Polster Chappell, whom persist in the bad practices they have tional assistance. Arguments about past Senate practice do not help the President Barack Obama nominated to the followed since President Obama was Middle District in June and finally approved elected and insist on stalling nearly a American people obtain justice. There her on Thursday. dozen judicial nominees who could and are no good reasons to hold up the judi- Moreover, the bench experiences 64 vacan- should be confirmed before the Senate cial nominations currently being cies in the 679 district judgeships. These adjourns this month. stalled on the Senate Executive Cal- openings erode speedy, economical and fair By this point in President Bush’s endar. A wrongheaded desire for par- case resolution. Observers criticized Obama for nominating first term we had reduced judicial va- tisan payback for some imagined of- fense from years ago is no good reason. too slowly in 2009, but he has since picked up cancies to 28. In stark contrast, there the pace. The chief executive assiduously are still close to 80 judicial vacancies A continuing effort to gum up the consulted Republican and Democratic sen- today. If the Senate were allowed to workings of the Senate and to delay ators from states where vacancies occurred confirm the 20 judicial nominations Senate action on additional judicial before nominations. He has suggested non- currently pending, we could take a sig- nominees next year is no good reason. controversial nominees of balanced tempera- nificant step forward by filling more It is past time for votes on the four ment, who are intelligent, ethical, indus- ` than one-quarter of current vacancies circuit nominees and the other 14 dis- trious, independent and diverse vis-a-vis eth- nicity, gender and ideology. and could reduce vacancies around the trict court nominees reported by the Senator Patrick Leahy, the Vermont Dem- country below 60 for the first time Senate Judiciary Committee. When we ocrat who chairs the Judiciary Committee, since President Obama took office. have consensus nominees before us who has rapidly set hearings and votes, sending Even that would be twice as many va- can fill judicial vacancies, especially nominees to the floor where many have lan- cancies as existed toward the end of judicial emergency vacancies, the Sen- guished. For instance, the Senate recessed President Bush’s first term. ate should be taking action on these September 22 without considering 19 excel- That so many judicial nominations nominations to help the American peo- lent nominees; most enjoyed strong com- have been delayed by Senate Repub- mittee votes. ple. Doing so is consistent with Senate Republicans should cooperate better. The licans into this lameduck session need precedent, and it is right. Let us do our major problem has been the Senate floor. not prevent the Senate from doing jobs so that all Americans can have ac- Sen. Mitch McConnell of Kentucky, the Re- what is right for the American people. cess to justice. publican Minority Leader, has rarely agreed Those who contend that it would be John Dowdell is nominated to serve to ballots, invoking unanimous consent, which allows one senator to halt votes. Espe- ‘‘unprecedented’’ to confirm long- on the U.S. District Court for the stalled nominations in this lameduck cially troubling has been Republican refusal Northern District of Oklahoma. He is to vote on qualified consensus nominees, in- session are wrong. The fact is that currently a shareholder and director at from 1980 until this year, when a lame- action that contravenes Senate custom. the Tulsa law firm of Norman When senators have cast ballots, they over- duck session followed a presidential Wohlgemuth Chandler & Dowdell, whelmingly confirmed most nominees. election, every single judicial nominee where he has worked for nearly 30 The 64 district vacancies are crucial. The reported with bipartisan Judiciary years. After law school he served as a Middle and Southern District each experi- Committee support has been con- law clerk to Judge William J. Hollo- ence two. Obama has nominated 33 highly competent prospects nationwide. The Presi- firmed. That is the precedent that Sen- way, Jr. on the United States Court of ate Republicans are breaking. Accord- dent nominated Judge Davis and Judge Appeals for the Tenth Circuit. His Walker during February and Judge Chappell ing to the nonpartisan Congressional nomination was reported nearly unani- Research Service, no consensus nomi- in June. Obama must quickly propose can- mously by the Judiciary Committee didates for the 31 openings without nomi- nee reported prior to the August recess last June. nees. Senators approved Judge Walker be- has ever been denied a vote—before Jesus Bernal is nominated to fill a cause he is well qualified. The chamber now. That is something Senate Demo- failed to consider the other similarly quali- crats have not done in any lameduck judicial emergency vacancy on the U.S. fied Florida nominee, Judge Davis, before session, whether after a presidential or District Court for the Central District recessing in September but must vote on him midterm election. of California. Since 1996 he has served in the lame duck session that began Novem- Senate Democrats allowed votes on as a Deputy Federal Public Defender ber 13. The committee reported Judge Davis 20 of President George W. Bush’s judi- and is currently the Directing Attor- in June 10–7 with Senator Lindsey Graham, ney in the Riverside Branch Office. R–S.C., not voting. Senator John Cornyn, R– cial nominees, including three circuit Texas, voted against. He ‘‘had a concern court nominees, in the lameduck ses- After graduating from law school he served as a law clerk to Judge David V. about some intemperate language that dates sion after the elections in 2002. I re- back to 1995 in what otherwise appears to be member I was the chairman of the Ju- Kenyon of the U.S. District Court for an unblemished record’’ and would ‘‘keep an diciary Committee who moved forward the Central District of California. His open mind.’’ with those votes, including one on a nomination was reported by voice vote Judge Davis was held over thrice at the re- very controversial circuit court nomi- by the Senate Judiciary Committee quest of Senator Charles Grassley, R–Iowa, nee. The Senate proceeded to confirm last July. the ranking member, who appeared con- cerned about Davis’ answers in the May judicial nominees in lameduck sessions Today, we are finally being allowed hearing and to later written questions. On after the elections in 2004 and 2006. In to vote on two consensus nominees who June 21, Grassley voiced concern about 2006 that included confirming another were stalled for months for no good Davis’ perspectives respecting a few issues, circuit court nominee. We proceeded to reason. particularly implicating race, and voted No.

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.046 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7734 CONGRESSIONAL RECORD — SENATE December 11, 2012 Now that the committee has reported Judge since 2006, and he has dedicated time to Bernal works to resolve ethical issues Chappell, the Senate must quickly consider working with at-risk youth. and to provide ethical guidance for the her, while the chamber should expeditiously Confirming a judge to the central dis- 240 employees who work for the Fed- process Circuit Judge William Thomas, trict’s eastern division comes not a eral Public Defender in the Central whom Obama nominated for one Southern District vacancy November 14. moment too soon. Riverside County District. The administration should keep closely has 23 percent of the central district’s Mr. Bernal has over 20 years of legal conferring with Florida Senators Bill Nelson population. But out of the 25 active practice, including 5 years in complex and Marco Rubio, who expressed strong sup- judges, there is only 1 active judge sit- civil litigation and 15 years in Federal port for Walker, Davis, Chappell and Thom- ting in Riverside. The people of River- criminal defense. He also has extensive as, and soon propose a fine nominee for the side need another judge. I am proud it practical experience supervising other Southern District opening created November will be Jesus Bernal, a highly respected attorneys. In short, he is well-prepared 16 when Judge Patricia Seitz assumed senior member of that community. to serve on the District Court. status. The Senate, for its part, must speed- The seat Mr. Bernal will fill has been ily process that nominee. I want to thank the Senate Judiciary The 64 vacancies undermine the delivery of Committee, for this amazing support. vacant since former District Judge Ste- justice. Accordingly, President Obama must And I want to thank President Obama phen Larson stepped down from the swiftly nominate, and senators promptly ap- for moving this recommendation for- bench in 2009. prove, numerous excellent judges now that ward. Judge Larson sat in the Eastern Divi- senators have reconvened for their lame I also hope that before the Senate ad- sion of the Court, which hears cases in duck session. journs this year we approve four other Riverside and covers the counties of Mrs. BOXER. Madam President, I am California nominees who are awaiting San Bernardino and Riverside, the 11th very excited and rise in strong support confirmation: Fernando Olguin, Jon and 12th most populated counties in of Jesus Bernal’s nomination to be U.S. Tigar, Bill Orrick, and Troy Nunley. the Nation. District Judge for the Central District All are nominated to serve on courts The Central District is very busy. It of California. He is going to make an that are considered judicial emer- has a caseload that is nearly 30 percent amazing judge. gencies. above the national average, and the He is the oldest son of two humble Mrs. FEINSTEIN. Madam President, sixth-highest civil caseload in the Na- factory workers, Gilberto and Martha, I rise to express my strong support for tion. who aspired for their sons and daugh- the nomination of Jesus Bernal to be a The Eastern Division of the Central ters to attend college. U.S. District Judge for the Central Dis- District is even more critically over- As the daughter of a mom who never trict of California. loaded. It has only a single district even graduated from high school be- Born in Mexico, Mr. Bernal is 49 judge. Yet it encompasses 2,000 annual cause she had to go out and work to years old. He earned his Bachelor’s De- civil filings and 4.2 million people provide for her ailing dad, I can say gree cum laude from Yale University in roughly the population of the entire that you know any parents who give up 1986 and his law degree from Stanford commonwealth of Kentucky, which has so much for their kids have the heart Law School in 1989. He became a U.S. nine active district judges and seven and you know their sons and daughters citizen in 1987. senior judges to handle its workload. will have the heart and will make Following law school, Mr. Bernal In short, filling this particular seat is sure—whether they wind up here or spent 2 years as a law clerk for the very important and will bring needed teaching in a school or whatever their Honorable David V. Kenyon on the judicial resources to the Federal bench profession is, or being on the bench— same court to which he is nominated in Riverside. they will work for justice for all. today, the U.S. District Court for the I also want to urge the confirmations Gilberto and Martha would tell Central District of California. of other judicial nominees from my young Jesus and his siblings: ‘‘You Mr. Bernal began his career in pri- home State. study, we work.’’ Those are the kinds vate practice, working as an associate Including Mr. Bernal, 5 of the 15 dis- of parents he came from. Their aspira- at the law firm of Heller, Ehrman, trict court nominees on the Executive tions were realized. All five of their White, & McAuliffe in Los Angeles Calendar are from California. The children attended college, and today, I from 1991 through 1996. Mr. Bernal other nominees are: believe, Mr. Bernal will be confirmed practiced complex civil litigation, rep- Magistrate Judge Fernando Olguin, a as a federal district court judge. What resenting corporate clients in business nominee to the Central District whom I rec- a country we live in. disputes. ommended to the President; When confirmed, Mr. Bernal will be Since 1996, Mr. Bernal has worked as Superior Court Judge Jon Tigar and Bill Orrick, nominees to the Northern District the only Latino district court judge a Deputy Federal Public Defender in recommended by Senator BOXER; and serving the central district’s eastern the Central District of California, Superior Court Judge Troy Nunley, a division, which includes my home where he has personally represented nominee to the Eastern District whom I rec- county of Riverside and San hundreds of indigent criminal defend- ommended to the President. Bernardino County as well. What a tre- ants and overseen hundreds of other All four were approved by bipartisan mendous honor for his family. representations. votes in the Judiciary Committee, Mr. Bernal graduated from Yale with Mr. Bernal has appeared hundreds of three of them by voice vote. honors, and then Stanford Law School. times in court. He represents defend- Each of these districts is in a judicial After law school, he clerked for Judge ants through each phase of their emergency according to the Judicial David Kenyon on the same court to cases—in hearings and plea negotia- Conference of the United States. which he has been nominated. What an tions, and at trial, sentencing, and on The Central District’s caseload is amazing thing: The clerk becomes the appeal. over 30 percent above the national av- judge. Since 2006, Mr. Bernal has been a erage. The Northern District’s caseload He began his career as an associate leader in the Federal Public Defender’s is over 20 percent above the national at Heller Ehrman, where he worked on Office, experience that will help him average. It now takes over 50 percent complex commercial litigation cases. manage his courtroom. He is the Di- longer for a case to go to trial than it In 1996, he joined the L.A. office of the recting Attorney of the Riverside did a year ago in the Northern District, federal public defender for the central Branch Office, a role in which Mr. which hears some of our county’s most district and represented indigent de- Bernal supervises trial attorneys, in- complex technology cases. fendants in federal court. vestigators, and other personnel, in ad- The Eastern District is the most In 2006, he became the directing at- dition to carrying his own caseload. overworked district in the Nation by torney for the Riverside branch office He also serves as chairman of the far. With over 1,100 weighted filings per where he supervises a team of attor- Ethics Committee for the Federal Pub- judgeship, its caseload is over twice the neys, investigators, paralegals, and ad- lic Defender’s Office for the whole Cen- national average. ministrative staff. He served on the tral District, which is the largest Fed- Simply put, my State more than any board of directors for the Federal Bar eral Public Defender organization in other urgently needs us to take prompt Association, Inland Empire Chapter, the Nation. In this capacity, Mr. action on judicial nominees.

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.049 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7735 So, I urge my colleagues to support Vermonters and all Americans, espe- tertime. When it is 5 and 10 below zero, the nomination of Jesus Bernal, and to cially those in need, is a key part of en- heat is not a luxury and food shouldn’t support confirming the four other dis- acting a strong farm bill for this econ- be a luxury. When it is 5 below zero, tinguished California nominees pend- omy. It is a reality recognized by the the choice should not be, can we heat ing on the Executive Calendar this Senate-passed farm bill. Unfortu- or can we eat? This in America? That year. nately, consideration of the farm bill is is wrong. Mr. LEAHY. Madam President, I ask not the first time this Congress has While the economy continues to re- unanimous consent to proceed as in been forced to debate legislation that cover, and we hope it will, we still have morning business. will greatly reduce the ability of the many Americans who rely on basic as- The PRESIDING OFFICER. Without neediest among us to put food on the sistance to get by each month. Thank- objection, it is so ordered. table for their families. Bills and fully, the Supplemental Nutrition As- THE FARM BILL amendments have been proposed that sistance Program, or SNAP, has helped Mr. LEAHY. Madam President, no would cut tens of billions of dollars fill the gap. It offers the most com- matter what calendar one goes by, we from the food stamp program, elimi- prehensive assistance available to the are nearing the end of this Congress. nating nutrition assistance for millions poorest Americans. We have only a few short weeks to end of Americans and denying hundreds of No one can deny the effects of hunger the stalemate and pass a farm bill. For thousands of American children school on Americans, especially children. months, House leaders have blocked a meals. I am proud that time and again Children who live in food insecure vote on a bipartisan farm bill. We during this Congress the Senate has de- homes are at a greater risk of develop- passed in this body, across the political feated such proposals. I will continue mental delays, poor academic perform- spectrum—Republicans and Democrats to help fight back against such at- ance, nutrient deficiencies, obesity, alike—a bill that saved tens of billions tacks. and depression. Yet participation in of dollars. However, the Republican The bipartisan Senate-passed farm food assistance programs turns these leadership in the House of Representa- bill makes an investment in American statistics on their head. Federal nutri- tives will not allow it to come to a agriculture that benefits our pro- tion programs have been shown to less- vote. Much is at stake—from rural ducers, our dairy farmers, our rural en the risk that a child will develop communities to farmers who need the communities, our Main Street busi- health problems, and they are associ- certainty that a farm bill extension nesses, our taxpayers, and our con- ated with decreases in the incidence of child abuse. Children from families would mean. I have said a lot of times sumers. Now it is being held hostage by who receive SNAP have higher achieve- on this floor that farming cannot be House Republicans who are demanding ment in math and reading. They have put on hold. We can’t tell a farmer: Draconian cuts in food assistance pro- improved behavior, social interactions, Well, hold those crops for a couple of grams just as we are coming out of the and diet quality than children who go months while we wait to see what we worst recession in generations. They without this nutrition help. are doing. Don’t milk those cows for a are preventing final action on a bill It is unfortunate that during this few months until we figure out whether that touches every community and fall’s campaign, we saw candidates who the Congress will get its act together millions of our fellow citizens across were intent on spreading misconcep- on a farm bill. It doesn’t work that the Nation. It is ironic that during this tions about a program that lifts mil- way. Farmers already cope with innu- holiday season, opponents of nutrition lions of Americans above the poverty merable variables in running their programs that help the poor are insist- line each year. The contention that businesses. The last thing they need is ing on making it drastically more dif- SNAP beneficiaries are largely out-of- for Congress to needlessly compound ficult, or impossible, for these families work Americans is far from accurate. the uncertainty through weeks of delay and their children to simply eat. Two-thirds of the beneficiaries are and obstruction. No Member of the Senate, no Member children, the disabled, or the elderly The Senate has passed a bipartisan of the House of Representatives goes who cannot be expected to work. The bill under the leadership of the chair of hungry except by choice. None of us do. remaining participants are subjected to our committee, Senator STABENOW. We We don’t know what that is like. We rigorous work requirements in order to passed a bipartisan bill that renews the don’t go home and look at our children receive continuing benefits. And while charter for basic agriculture, nutrition, and say: We can’t feed you tonight; SNAP offers crucial support to a fam- and conservation programs, while sav- hold on for another day. I know you are ily’s grocery expenses, the benefits far ing taxpayers $23 billion. What I have hungry. I know you are crying. I know from cover all of a family’s food needs. been told privately is that if the House you can’t sleep. But we can’t feed you With a benefit average of $1.25 per per- leaders would permit a vote, this bill today. None of us face that. But I can son, per meal, it is understandable that would pass in the House. Just as Re- tell my colleagues that there are peo- families typically fall short on benefits publicans and Democrats came to- ple in every single State we represent by the middle of the month. gether in this body, they would in the where that is their reality. Vermont has done a remarkable job other body. Passing it would end this Those advocating for these drastic at urging Vermonters to register for corrosive stalemate, while contrib- cuts couldn’t have chosen a worse our SNAP program. We call it uting billions of dollars to deficit re- time. As winter approaches, 3Squares. But the unfortunate reality duction. Unfortunately, it appears the Vermonters and others across the is that thousands of Vermonters con- nutrition programs that help millions country are going to find the demands tinue to go without food they could re- of our most vulnerable fellow Ameri- for paying for heat, electricity, and ceive. I hear from Vermont families cans are the latest excuse for pre- food a large strain on their family’s who participate in 3Squares about the venting a House vote to get the farm budget. All this is before we even take importance of Federal food assistance. bill done. In this, the wealthiest, most into account those areas where they Parents have told me they ignore their powerful Nation on Earth, some are are recovering from such terrible nat- own hunger to ensure their kids are saying they will hold this up because ural disasters and those communities fed, but they don’t know how they can we have hungry people who need the who probably face disasters in the fu- cope if benefits are cut further. Kathy, support our nutrition programs pro- ture. I know there are Vermonters, as a mother from Barre, VT, where my fa- vide. there are so many other Americans, ther was born, says her child has come With so many Americans still strug- who struggle every day to make ends to her crying, wondering whether they gling to put food on the table, it is not meet and are forced to make tough de- will have enough money for food. Oth- only regrettable, but more than that, cisions about whether to pay for rent ers have noted that expenses for neces- it is inexcusable that some House Re- or heat or medications or food. We are sities, such as heating and rent, are publicans have turned to slashing cen- talking about essentials. fixed costs. When Three Squares bene- tral nutrition help for struggling The Presiding Officer and I represent fits run out, skipping breakfast or Americans as a means to prevent ac- two of the most beautiful States in this lunch is the only way to scrape by. tion on the farm bill. Ensuring that country, but we also know that both Unfortunately, both the Senate bill these programs can continue to serve our States can get very cold in the win- and the committee-passed farm bill in

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.051 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7736 CONGRESSIONAL RECORD — SENATE December 11, 2012 the House include cuts to the nutrition community, in addition to being widely The PRESIDING OFFICER. The assistance. Nonetheless, the Senate bill recognized for his work on behalf of his clerk will call the roll. takes a more sensible approach. Of the clients. I received a number of letters The bill clerk proceeded to call the $23 billion in deficit reduction included from members of the legal community roll. in our bill, $4.5 billion comes from nu- throughout Tulsa highlighting Mr. Mr. ISAKSON. Madam President, I trition programs, nearly four times Dowdell’s work ethic, his character, ask unanimous consent that the order less than the House Agriculture Com- and his abilities as an advocate for his for the quorum call be rescinded. mittee bill. I do not support the cuts in clients. The PRESIDING OFFICER. Without the Senate bill, and I supported an Mr. Dowdell already has experience objection, it is so ordered. amendment during the Floor debate to as a mediator and arbitrator and has VOTE ON NOMINATION OF JOHN E. DOWDELL restore this funding to SNAP, so that served as an adjunct settlement judge Under the previous order, the ques- families across the country would not in the Northern District for the past 14 tion is, Will the Senate advise and con- lose an average of $90 per month in years, which is the district for which sent to the nomination of John E. benefits. But the cuts in the Senate bill he is nominated. He and his wife of 24 Dowdell, of Oklahoma, to be United represent a concession from our Chair, years, Rochelle, like my wife and I, States District Judge for the Northern and ultimately the Senate farm bill have four children, which I always re- District of Oklahoma? passed the Senate on a bipartisan vote, mind people is just the right amount. If Mr. ISAKSON. Madam President, I including mine, as it always has. you are ever going to have 20 kids and ask for the yeas and nays. The PRESIDING OFFICER. Is there a This concession is not enough for grandkids, you have to start with 4, sufficient second? many House Republicans. The $16 bil- and he understands that. There appears to be a sufficient sec- lion reduction in nutrition programs Although it often seems as if I am on ond. they wish to see in a farm bill would the opposite side of many of this ad- devastate nutrition programs nation- The clerk will call the roll. ministration’s judicial nominees, I can The bill clerk called the roll. wide. Millions in every State in this say with confidence that this is not the Mr. DURBIN. I announce that the country would be left without means to case with Mr. Dowdell. Mr. Dowdell has Senator from Hawaii (Mr. INOUYE), the purchase food. These drastic reductions the requisite experience and judicial Senator from New Jersey (Mr. LAUTEN- would result in the elimination of food temperament to make a fine judge in BERG), the Senator from Missouri (Mrs. assistance for an estimated 2 to 3 mil- the Northern District of Oklahoma. MCCASKILL), and the Senator from Ne- lion people, and 280,000 children would I am particularly impressed with Mr. braska (Mr. NELSON) are necessarily lose eligibility for free school meals. Dowdell’s commitment to ‘‘render deci- absent. This is shameful. sions fairly and impartially, applying Mr. KYL. The following Senator is The budget choices we make in Con- the relevant law to the facts without necessarily absent: the Senator from gress reflect who we are as Americans. bias or prejudgment,’’ to interpret a The American people want budget deci- Illinois (Mr. KIRK). statute or constitutional provision in a The PRESIDING OFFICER (Mr. sions that are fair and sensible. Ameri- case of first impression by first consid- CASEY). Are there any other Senators cans do not want their friends, neigh- ering ‘‘the statutory text or provision in the Chamber desiring to vote? bors, or family members struggling to in the context of its plain and ordinary The result was announced—yeas 95, feed themselves or their children. Pro- meaning’’—that says a lot—and to not nays 0, as follows: posed cuts to food assistance programs consult foreign law when interpreting [Rollcall Vote No. 226 Ex.] will mean more hungry families in the U.S. Constitution. Too often in this YEAS—95 America. I have spent nearly 38 years country we have judges applying their in the Senate fighting hunger and I Akaka Feinstein Moran own meanings to the Constitution and Alexander Franken Murkowski will continue to oppose efforts in the to the laws passed by Congress or al- Ayotte Gillibrand Murray farm bill to further roll back hunger Barrasso Graham lowing their own biases to affect their Nelson (FL) assistance programs that help our Baucus Grassley Paul decisions. I can state confidently to my neediest fellow Americans. In a nation Begich Hagan Portman colleagues that Judge Dowdell will not Bennet Harkin that spends billions on wasted diet Pryor be this type of a judge. Bingaman Hatch Reed fads, I would like to see us spend some Blumenthal Heller In his Questions for the Record to the Reid money to feed the hungry in the most Blunt Hoeven Risch Boozman Hutchison Senate Judiciary Committee, Mr. Roberts powerful Nation on Earth. Boxer Inhofe Dowdell has stated that he does not Rockefeller Madam President, I see my good Brown (MA) Isakson Rubio agree with the notion that the Con- Brown (OH) Johanns friend from Oklahoma on the floor, and Sanders stitution is a ‘‘living’’ document that Burr Johnson (SD) I know he wishes to speak on behalf of Schumer constantly evolves as society inter- Cantwell Johnson (WI) his nominee. Sessions prets it. He further states that the Cardin Kerry I yield the floor. Carper Klobuchar Shaheen The PRESIDING OFFICER. The Sen- ‘‘Constitution changes only through Casey Kohl Shelby the amendment process, as set forth in Chambliss Kyl Snowe ator from Oklahoma. Stabenow Mr. INHOFE. Madam President, first Article V of the Constitution.’’ That is Coats Landrieu Coburn Leahy Tester of all, let me thank the chairman of refreshing. ‘‘A court’s job is to inter- Cochran Lee Thune the Judiciary Committee for allowing pret and apply the Constitution, not to Collins Levin Toomey me to say something about our vote add or amend the rights contained Conrad Lieberman Udall (CO) that is coming up. therein.’’ That is a quote by him. Coons Lugar Udall (NM) Corker Manchin Vitter Mr. Dowdell has been nominated to a Based on these statements, I can say Cornyn McCain Warner vacancy on the U.S. District Court for that Mr. Dowdell’s judicial philosophy Crapo McConnell Webb the Northern District of Oklahoma, is in keeping with the Framers and in DeMint Menendez Whitehouse which sits in my hometown of Tulsa. In lockstep with my own philosophy. My Durbin Merkley Wicker Enzi Mikulski Wyden fact, he is a neighbor of mine in Tulsa. only wish is that we would get more of After graduating from the University this type of judicial nominee from the NOT VOTING—5 of Tulsa’s College of Law, Mr. Dowdell administration. Inouye Lautenberg Nelson (NE) began his legal career as a clerk to the It is for these reasons that I support Kirk McCaskill chief judge of the Tenth Circuit Court Mr. Dowdell’s confirmation to the U.S. The nomination was confirmed. of Appeals. Since 1983, Mr. Dowdell has District Court for the Northern Dis- VOTE ON NOMINATION OF JESUS G. BERNAL accumulated extensive State and Fed- trict of Oklahoma, and I hope my col- The PRESIDING OFFICER. Under eral litigation experience representing leagues will do the same. the previous order, the question is, Will a variety of clients working at the This vote should be coming up in the Senate advise and consent to the same firm in Tulsa of which he is a about 10 minutes. I do encourage a nomination of Jesus G. Bernal, of Cali- partner. positive vote on Mr. Dowdell. fornia, to be United States District Mr. Dowdell is a native Tulsan and With that, I yield the floor. Judge for the Central District of Cali- has been extensively involved in the I suggest the absence of a quorum. fornia?

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.053 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7737 The nomination was confirmed. Since the passage of this tax relief, tify keeping their income. Instead, it The PRESIDING OFFICER. Under there has been a concerted effort by my should be on us in Washington to jus- the previous order, the motions to re- colleagues on the other side of the aisle tify taking more away from them. consider are considered made and laid to distort the truth about the present Secondly, there is a tendency on the upon the table. tax policy of the Federal Government. other side to view everything as a zero The President will be immediately That tax policy has been in place for sum game. In their minds, if someone notified of the Senate’s action. the last 12 years now. They have at- has more, it means someone else will f tempted to distort the truth behind its have less. So I would like to quote Ron- bipartisan support, its benefits to low- ald Reagan as the best example of this LEGISLATIVE SESSION and middle-income Americans, and its attitude when he said too many people The PRESIDING OFFICER. The Sen- fiscal and economic impact. in Washington ‘‘can’t see a fat man ate will resume legislative session. As one of the architects of the 2001 standing beside a thin one without f and 2003 tax legislation, I come to the coming to the conclusion that the fat man got that way by taking advantage TRANSACTION ACCOUNT GUAR- floor to correct what I believe have be- come three common myths about this of the thin one.’’ ANTEE PROGRAM EXTENSION I believe this is what is driving the ACT—Continued tax relief. The first myth is that this tax relief was a partisan Republican animus against the so-called wealthy Mr. COONS. Mr. President, I suggest product. The second is that the tax re- on the other side. They are under the the absence of a quorum. lief was a giveaway to the wealthy. impression the wealthy got rich at the The PRESIDING OFFICER. The And the third is that the tax relief is a expense of someone less fortunate. clerk will call the roll. primary source of our current fiscal The problem with this view is that in The legislative clerk proceeded to and economic problems. a free economy goods and services are call the roll. First things first. We often hear the transferred through voluntary ex- Mr. GRASSLEY. Mr. President, I ask other side divisively refer to this tax changes. Both parties are better off as unanimous consent that the order for relief as the Bush tax cuts. Given the a result of this exchange; otherwise, it the quorum call be rescinded. rhetoric on the other side, one would wouldn’t occur. Moreover, wealth is The PRESIDING OFFICER. Without think all this tax relief was forced not static. It can be both created as objection, it is so ordered. through along party-line votes. The well as destroyed. At worst, the government is a de- BUSH TAX CUTS record proves otherwise. The con- stroyer of wealth. At best, the govern- Mr. GRASSLEY. Mr. President, we ference report to the Economic Growth ment is a redistributor of wealth. It is have been hearing a lot about the so- and Tax Reconciliation Act of 2001 through the force of government the called Bush tax cuts from my col- passed the Senate by a vote of 58 to 33. zero sum exchanges occur. It is the pri- leagues on the other side of the aisle. In all, 12 Democrats voted for this leg- vate sector that creates wealth Given the rhetoric being used by some islation. Senator Jeffords, who later through innovation and providing the on the other side to describe this tax caucused with the Democrats, also relief, I would like to take this time to goods and services we need and want. voted for it. The leadership of the other side has correct the record. As far as major pieces of legislation become fixated on redistributing the But, first, during this talk about the goes, it is difficult to find such major existing economic pie. I believe the fiscal cliff and about the tax cuts that legislation passed with such broad sup- sunset at the end of the year, all we better policy is to increase the size of port since there has been Democratic the pie. When this occurs, no one is have been hearing since the election is, control of both the Senate and the What are we going to do about taxes? made better off at the expense of any- White House. The President’s 2009 one else. That is very significant as a result of stimulus bill, as an example, only had The constant rhetoric of pitting the last election because I think it is a the support of three Republicans, as American against American based upon foregone conclusion there is going to well as the Dodd-Frank bill. Of course, economic status is not constructive. It be more revenue raised. there is the health care bill, the Presi- also has not been constructive to ac- But if we raise the amount of revenue dent’s signature legislation, which cuse those of us who support the the President wants raised, and raise it passed with no Republican votes. present tax policy for all Americans as from the 2 percent he wants to raise it Moreover, all the 2001 and 2003 tax re- agents of the rich. And I will soon get from—the wealthy—that is only going lief was extended in 2010, just 2 years into discussing why that isn’t true, as to run the government for 8 days. So ago, with strong bipartisan support, a result of the 2001 and 2003 tax bills. what will we do the other 357 days or, and signed into law by this President. I do not support tax cuts for the if we look at the deficit, it will only At that time—2 years ago—the Senate wealthy for the purpose of wealth re- take care of 7 percent of the trillion- vote tally was 81 to 19. Now, under- distribution. I support progrowth poli- plus deficit we have every year. What stand, that has to be considered over- cies to increase the size of the eco- about the other 93 percent? whelmingly bipartisan. So just 2 years nomic pie. Free market, progrowth So the point is that we can talk ago we had overwhelming bipartisan policies are the only proven way to im- about taxes and taxes and taxes, but it support for the Bush tax cuts. Yet prove the well-being of everybody. is not going to solve the fiscal prob- somehow this is a partisan measure we My objection to the other side’s char- lems facing our Nation. We don’t have are dealing with. Given this record, in- acterization of the bipartisan tax relief a taxing problem, we have a spending stead of calling it the Bush tax cuts, as is not only a philosophical one, but it problem. So we should have been they are called, we really should be is a factual one. The truth is that the spending the last 3 weeks talking about calling it the bipartisan tax relief. bipartisan tax relief that was voted on how we are going to take care of the I now would like to turn to the other in 2001 made the Tax Code more pro- other 93 percent of the problem. The side’s criticism of the bipartisan tax gressive, not less. With all the rhetoric President should have declared victory relief or, as they say, tax cuts for the around here over the last 5 or 6 years, 3 weeks ago, and we wouldn’t have had wealthy or another way they say it is nobody believes that, so I have a chart all this lost time between now and it is a giveaway to the rich. This rhet- to show that. right after the election. oric demonstrates the difference in phi- Since its implementation, the share But I said I wanted to set the record losophy between this Senator and my of the tax burden paid by the top 20 straight. This tax relief of 2001 and 2003 Democratic colleagues. percent has increased. Conversely, the reduced the tax burden for virtually First of all, a reduction in tax rates bottom 80 percent has seen its share of every tax-paying American. It did this is not a giveaway to anyone. The in- tax burden decrease. Additionally, the through across-the-board tax rate re- come a taxpayer earns belongs to that percentage reduction in average tax ductions, marriage penalty relief, and taxpayer. It is not a pittance the tax- rates between 2000 and 2007 was the enhancing certain tax provisions for payer may keep based upon the good largest for the lowest income groups. hard-working families, such as dou- graces of our government. The burden As you can see from this chart, there bling the child tax credit. should not be on the taxpayer to jus- is a general trend downward from the

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.054 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7738 CONGRESSIONAL RECORD — SENATE December 11, 2012 bottom 20 percent to the top 20 per- So add up all these things. All told, but it is difficult to find any suggesting cent. The bottom 20 percent saw their these and other economic and technical that tax increases are good and de- average tax rate drop by the 25 percent changes account for $3.2 trillion or, as creases are bad for the economy. that is shown there. The top 20 percent, I show in this chart, these faulty as- Now that I have explained and hope- on the other hand, only saw an 11-per- sumptions accounted for 27 percent of fully corrected these myths, I hope we cent reduction, with the proportionate the change of the 2001 projections from can have a more constructive discus- in between. surplus to deficit. sion on averting the fiscal cliff. Repub- The truth about the bipartisan tax By far, the biggest reason for the licans have already stated they are relief apparently has been recognized change from surplus to deficit was an willing to accept some new revenues. by my colleagues on the other side. increase in spending. Some of this Speaker BOEHNER has put $800 billion They do not like to admit this, but this spending was justified. This includes in new revenues on the table. However, must be so since they now claim to bipartisan support for increased spend- we still haven’t heard any substantive support extending 75 percent of the bi- ing to protect our Nation against fu- ideas from the President or other lead- partisan tax relief bill. In other words, ture terrorist attacks. But, of course, ing Democrats about cuts to spending 75 percent of what they are con- as has become the custom around here, or entitlements. We haven’t even heard demning of the 2001 tax bill the other we spent and spent and spent some the President say good things about side wants to make permanent law, more. This spending not only contin- the Simpson-Bowles recommenda- which obviously I support too. You ued but escalated with the election of tions—a commission he appointed, a would think that if it really was a tax President Obama. His first act was to commission that had Republicans and cut for the wealthy, however, the other increase the deficit by $800 billion-plus Democrats on it, a commission that re- side would be advocating letting all through a failed stimulus package. In ported conservative Republicans and this tax relief expire. Certainly you all, this increase in spending accounts liberal Democrats saying: We ought to would not think they would be advo- for nearly 50 percent in the change do what we can to see the Simpson- cating for more than half of it to be ex- from surplus to deficit. That is this Bowles approach through. It would be tended. To get around their seemingly part of the pie chart. nice to see the President endorse a rec- contradictory position, they have So how about the tax cuts we hear so ommendation of a committee he ap- stopped referring to the majority of the much bellyaching about from the other pointed that had a suggestion for tak- bipartisan relief as the Bush tax cuts. side? If you look closely at my chart, ing care of this fiscal cliff problem. If That term is now reserved only for the you will see I have divided the tax re- he had done that 2 years ago, we 25 percent they wish to see expire. lief into two slices. These two slices wouldn’t be debating fiscal cliff today. They now refer to the 75 percent not as add up to about 25 percent. Eleven per- So there are serious concerns on my Bush tax cuts but as middle-class tax cent of this, which I labeled ‘‘all other side of the aisle that any agreement we relief. So I have news for my col- taxes,’’ primarily consists of the tax reach will result in immediate tax leagues. The middle-class tax relief you relief provided in President Bush’s 2008 hikes but promised spending cuts will now claim to support is the same relief stimulus package, President Obama’s never occur. We need more than just you previously demonized as tax cuts 2009 stimulus, and the payroll tax holi- empty promises from the other side. for the wealthy. day. Of course, these provisions had The President and my colleagues on Finally, it has become en vogue for large Democratic support, as we all the other side of the aisle need to get the other side to blame the bipartisan know. That leaves us with the 2001 and serious about looking at the spending tax relief for everything from the Fed- 2003 tax relief accounting for merely side. It is time for the President to eral deficit to the state of the current 12.9 percent of the change in the pro- make good on his campaign promise of economy. Neither is based in fact nor supporting a balanced approach to def- sound economic reason. jected surplus. It is undisputed that in 2001 the Con- But understand what other people icit reduction. I repeat what I said at the beginning. gressional Budget Office was projecting are saying—including, I think, even the All we have heard for 3 or 4 weeks now a 10-year budget surplus of $5.6 trillion. President—about the reason we have since the election is all about taxes. However, as a June 2012 CBO report this big budget deficit is because of the shows, the bipartisan tax relief role in Bush tax cuts. Well, that is baloney. Too often, that is what Republicans are turning this projected surplus into That is a far cry from being the driver talking about, although they have to deficits is dwarfed by other factors. of our deficits or even a substantial be considered now as a result of the This is the 2001–2003 tax cuts. See that contributor. The truth is, even using election. But if we give the President smaller piece of the pie? CBO’s static scoring assumptions, the everything he wants in the sense of Then let’s look at what else is the tax relief did not push us into deficits. taxing the wealthy with the figures he justification, according to the Congres- In fact, if the only change since CBO’s wants, it still runs the government sional Budget Office—not this Sen- 2001 projection had been the 2001 and only for 8 days. What about the other ator—about where the deficit came 2003 tax relief, we would still be experi- 357 days? It only takes care of 7 percent from. encing sizeable surpluses each year. of the deficit problems we face year First off, the June CBO report tells Along with blaming the bipartisan after year, and it is going to be year us that their budget surplus projec- tax relief for deficits, my colleagues on after year into the future if we don’t tions were simply incorrect. That hap- the other side have alluded to this tax get something done about it. So what pens a lot with CBO. I like to refer to relief as being a cause of our recent re- about the other 93 percent? The taxes CBO around here as God because what cession. The President even made this aren’t going to take care of that. You they say goes, and you have to abide by claim in an ad during the Presidential can’t tax us out of this deficit problem it if you don’t have 60 votes. But they election. because we have a spending problem. aren’t always right. Unlike God, CBO is The exact logic of this claim escapes So if we had put as much time into not omnipotent. They do not have per- me. Apparently, it also escaped Wash- the spending side of the ledger as we fect foresight, and every once in a ington Post fact checker Glenn put into the taxing side of the ledger while even they make mistakes. Kessler. He described the reasoning over the last 3 or 4 weeks, we would be CBO’s surplus projections were based supporting such a claim as a ‘‘Rube well on the road and be certain to get on rosy economic assumptions as well Goldberg phenomenon.’’ The Post was out of here by Christmas Eve, which I as faulty technical assumptions that unable to find any respected academic have my doubts that we can. did not pan out. CBO failed to predict study supporting this convoluted logic. I yield the floor. the bursting of the tech bubble that There is good reason the Post could not The PRESIDING OFFICER. The Sen- was so beneficial in propping up the find such a study. The focus of most ator from Georgia. economy of the Clinton years. CBO also economic research in this area is on TRIBUTES TO DEPARTING SENATORS could not predict the September 11, the degree to which tax increases lower Mr. ISAKSON. Mr. President, I rise 2001, tragedy that hit New York and economic growth and tax decreases in- to make four separate statements in the Pentagon, killing 3,000 Americans, crease economic growth. There is con- commendation to my fellow colleagues which wreaked havoc on our economy. siderable debate within this research, in the Senate and one back in Georgia.

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.055 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7739 JON KYL his service to the people of his State of cits, and debt. It was KENT CONRAD who Mr. President, December of every Arizona. was willing to help support the Simp- even-numbered year is a sad time. Be- RICHARD LUGAR son-Bowles proposal when it passed the cause of election outcomes or because I would like to turn to RICHARD Senate, and then it was KENT CONRAD of age and longevity, time takes over LUGAR from Indiana. RICHARD LUGAR is who agreed to serve on Simpson-Bowles and some of our Members go and new one of those rare people who are re- and came up with the recommenda- Members come. I think it is important ferred to as an institution, and he is tions they brought to us. It was KENT that we take the time to recognize truly an institution: Six terms in 36 CONRAD who went on the Gang of 6 and those who served so long and served so years in the Senate, a candidate for tried to work out a tough compromise well and served each of us—individuals President of the United States in the on the tough issues before us, and it is such as JON KYL of Arizona, the whip Republican primary a number of years KENT CONRAD who has served as chair- for the Republican minority in the ago, a bipartisan man who worked with man of the Budget Committee of the Senate. He is a great American, a great then-chairman of the Armed Services Senate for the last 6 years. Along with Arizonan, a man who carries a tremen- Committee Sam Nunn to put together Senator SESSIONS, he has done a great dous burden—two, as a matter of fact. the Nunn-Lugar agreement, which is job, and along with his predecessor, One is trying to herd cats, known as allowing us to tear apart nuclear war- Judd Gregg, they did an even greater the Republican conference, and the heads, reprocess those nuclear war- job to see to it that we brought forward other is being the junior Senator to heads, tear down nuclear missiles and budgets and principles of spending JOHN MCCAIN. Both of those are chal- ballistic missile launchers, and have a money to help us not go into deficit or lenges that anybody would have a prob- safer world. The reason there is not a debt. KENT is one of those rare leaders lem meeting, but JON KYL does it the terrorist attack using nuclear fission who find the sweet spot. He looks for right way. He has the temperament of materials today so far is probably more the place where people can find com- a leader. I have been in 38 different leg- because of DICK LUGAR and Sam Nunn mon ground. He understands that the islative years, from the Georgia Legis- than any two individuals in the United importance of our job is the future for lature to the U.S. Congress. I have States. our children and our grandchildren. known a lot of whips. I have known a DICK LUGAR is a man I admire great- Whether North Dakota or Georgia, lot of them who cracked the whip, I ly. When I came here, I hoped one day California or New York, Pennsylvania have known a lot of them who were in- I could work on the Foreign Relations or Ohio, KENT CONRAD is a Senator for effective, and I have known a very few Committee so I would have the oppor- all America. He has done a tremendous who were effective. And JON KYL is the tunity to work with DICK LUGAR. That job for the United States. I wish him most effective whip I have ever worked opportunity took place, and the Pre- and Lucy and Dakota the very best. with and ever seen. He knows the siding Officer and I have served to- TRIBUTE TO BILL CURRY issues and has the ability to commu- gether with DICK LUGAR for 4 years. I Mr. ISAKSON. I wish to turn to foot- nicate them. He knows how to put the watched DICK LUGAR during tough ball coaches, which might seem to be a party ahead of individual priorities but times, during happy times, during good quick turn when you are talking about keep the country first no matter what times, and during challenging times. Senators, but in Georgia we are having it is. He is always even. He has always got a retirement that was just announced, I will give you one good example. We an even keel. His rudder is in the the retiring of Bill Curry, the head were debating the START treaty 2 water. He knows where he wants to coach of the Georgia State Panthers. years ago, which is a very important take the committee, but he doesn’t Bill Curry is a legend in our State, not treaty for the United States. The Pre- drive it, he leads it. only of his time but in all time in siding Officer was on the Foreign Rela- One of the great negotiators of our terms of football. He played football in tions Committee when we had that de- time, one of the great men of our time College Park and went on to Georgia bate. He might remember there were a in terms of foreign relations, DICK Tech when they were in the South- lot of people who were concerned about LUGAR is the man who has meant more eastern Conference. He was a small, the modernization of our nuclear arse- to our country than anybody I can pos- 200-pound center on the Georgia Tech nal while we were renewing the START sibly think of today, and he has a leg- football team. He went from Georgia treaty and what we would do in the acy of supporting the State of Indiana Tech to the Green Bay Packers and prospective years ahead while we made in any way he possibly could, from the played in the first Super Bowl game as a new treaty with Russia in terms of school board, to mayor of Indianapolis, a starting center and was traded to the our modernization. It was JON KYL’s to U.S. Senator, to a great lecturer and Baltimore Colts and played in the fa- leadership, working with Senator leader on the national and inter- mous game when Joe Namath promised KERRY as the chairman of the com- national stage. We will miss DICK a victory and delivered it against the mittee, Secretary of State Clinton as LUGAR very much, and I am sure DICK Colts. He went on to play for other our Secretary of State, and interests LUGAR will miss us, but I hope all of us NFL teams until he was hurt in a game on both sides who carved out the agree- will remember and learn from that he with the Los Angeles Rams with an in- ment that ensured for the American taught us about a steady hand, good di- jury caused by Merlin Olsen, who then people that we would have the modern- plomacy, and the importance of diplo- later went on to be a great pro bowler. ized nuclear force we need to meet macy over guns any day of the week. But he didn’t quit when his career whatever challenge might come our KENT CONRAD ended in terms of playing football; he way. That treaty passed in large meas- I wish to turn to another individual, went into coaching. He went back to ure because he gained the assurances a member of the Democratic con- his home alma mater, Georgia Tech, from the administration and from ference and a dear friend of mine, KENT and coached as an assistant. He then those who were opposed that without CONRAD from North Dakota. took Pepper Rogers’ place and became modernization and the commitment for When I came to the Senate, the first the head coach at Georgia Tech, took the money for it, it would not take thing I noticed about KENT CONRAD was them to the bowl games, took them to place. That is not just a whip, that is a how he dressed. The second thing I no- conference championships, and was a leader. That is a man who found a ticed was his dog Dakota. You will see true leader. problem, found a solution, married the Dakota in the evening walking through From there he was sought out by the two, and we ratified a treaty. America the Halls of Congress, a smart little University of Alabama—a pretty big is a safer country because of it, and our dog and his pet that he loves very job in the South when it comes to foot- nuclear arsenal is being modernized. much. His wife Lucy is a great lady and ball. He came after Bear Bryant had That is the kind of man you look for great leader in her own right in terms passed away and two successive coach- in a legislator. JON KYL is a great legis- of Major League Baseball. es had failed to meet the Alabama lator, a great whip, and a great friend KENT CONRAD is a unique Member of standard. Bill Curry came and went to of mine. I pay tribute to him for his the Senate. He has truly taken a bipar- Alabama, and he scored. He won an service to the U.S. Senate, for his serv- tisan approach to the toughest prob- SEC championship, 26 out of 36 games, ice to the people of America, and for lems we face in terms of spending, defi- and had a great career at Alabama.

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.056 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7740 CONGRESSIONAL RECORD — SENATE December 11, 2012 He went from there to the University been left in its wake, and if that is not enty-one percent of TAG deposits are of Kentucky, which had not had a win- bad enough, since the passage of Dodd- in the largest banks. Sixty percent of ning record in 9 years when Bill Curry Frank, they have had to deal with an TAG deposits are held by just the top showed up. He molded somebody else’s onslaught of new regulations. five banks. I do not see the wisdom in recruits into a winning team with a Many of these regulations, no doubt, leveraging the FDIC and the taxpayer winning record and a trip to the Peach were ill-conceived. If we remember, a to insure the deposits sitting in our Bowl in Atlanta, GA. He went from lot of those were put in place as aspira- country’s largest financial institu- there to take on an interesting chal- tional goals. All of them have dramati- tions. lenge. Georgia State University called cally increased the compliance burden Fourth, extension of the TAG Pro- and said: Bill Curry, we are going to of being in a small banking institution. gram raises serious moral hazard start an NCAA division football pro- Yet none of them has been on the table issues. It encourages large deposits in gram. We would like you to start from to be fixed or improved by us in the banks that may be troubled with no scratch. We don’t have a field, we don’t Senate since 2010. Obviously, there are market discipline. Moral hazard is even have a football, but we have a de- a lot of reasons for this, but from a why, throughout the history of deposit sire. standpoint of community bankers, insurance, it has always been limited. I Bill Curry took on that challenge and there is no doubt this has been a think Washington has contributed in 4 years built a great program which shame. quite enough to moral hazard problems he will turn over to a new coach very I am very hopeful that in the next over the last 5 years—several years— shortly in Atlanta, a program where Congress we will have a meaningful di- and I think it is time for us to stop. his first year, with a first-time football alog about striking a better balance in Finally, if we want to help commu- team that had never been together be- terms of bank regulation, particularly nity banks thrive and succeed, our fore, he won 6 out of 11 games and went as it relates to our community banks. focus should be on dialing back Wash- on to have a great career and turn it Some of what we passed in Dodd-Frank ington’s desire to micromanage our over to another coach as he retires. makes a great deal of sense, but much banking institutions. The regulatory But his legacy is not the SEC cham- of it does not, and it is for us to devote pendulum of Washington trying to pionship. It is not playing in the first energy to fixing and improving the law micromanage these institutions has ab- Super Bowl or playing in the famous where there are flaws. If we want to solutely gone too far and our focus bowl that Joe Namath called and guar- help community banks, this is where should be on getting the pendulum anteed. It is not his attendance at we should focus our energy, and I know back to a more reasonable place. Ex- Georgia Tech. It is not what he did at there are a lot of bipartisan ideas tending limitless FDIC insurance for Georgia State. It is the fact that every- around about how we can do that. I these transaction deposits does not fur- where he went, Bill Curry’s legacy was think all of us have heard from com- ther that policy objective. In fact, it men who played football to learn the munity bankers in our States about takes us in the other direction. game of life because he was always a the onslaught of regulations they have, Let me put it another way: How can disciplinarian. He told people how to do some of which was meant to deal with we ever get DC out of the business of things the right way. He set standards some of the bigger institutions. Again, telling banks where and when to lend if for his men that lasted not just that, to me, is where we can focus in a we are having DC guarantee all their through the football season but bipartisan way to give some relief to deposits? The answer is we cannot. through a lifetime. There are men our community banks. I am offering a couple amendments playing football, running banks, run- Giving out limitless deposit insur- that help insulate the taxpayer. Al- ning insurance companies, and teach- ance, though, I suppose some people though, in reality, it is time to fully ing today all over America who learned have decided is a consolation prize, and end this program. Even more impor- from Bill Curry. I hate that. That is too bad. We should tant, it is time for us as members of On the occasion of his retirement at fix Dodd-Frank if we want to help our the Banking Committee to take up the the age of 69 and the great success he community banks. But the vote in real challenges still facing our finan- has had throughout his career, I want- front of us today is a TAG extension, so cial system. ed to pause for a moment in the Senate I wish to speak a little bit about that I wish to say one other thing. I know and recognize not just his contribution specifically. all of us are watching as the President to football but his contribution to the There are a series of policy reasons and Speaker BOEHNER and others are lives of young men and the people he why it is time to end the TAG Pro- looking at dealing with the fiscal issue; has shaped to make this country and gram. I will go through a couple of we call it the fiscal cliff. I think all of the State of Georgia a better State and them. First of all, the FDIC’s Deposit us know what we need to do to deal a better country. Insurance Fund, or the DIF, is under- with the fiscal cliff. We need a true fis- I suggest the absence of a quorum. capitalized. This is a fund of reserves cal reform package that I hope would The PRESIDING OFFICER. The meant to protect taxpayers against an be in the range of $4 trillion to $4.5 tril- clerk will call the roll. unexpected law stemming from bank lion, so we can put this issue behind us The assistant legislative clerk pro- failures. By law, the DIF is required to and begin this next year with it in the ceeded to call the roll. be at a 1.35-percent of total out- rearview mirror and our economy tak- Mr. CORKER. Mr. President, I ask standing deposits. It is, however, only ing off. Then we would show the world unanimous consent that the order for at .35 percent today. I do not see the we have actually dealt with these the quorum call be rescinded. wisdom in extending an insurance to issues, and people in our own country The PRESIDING OFFICER. Without $1.5 trillion in transaction deposits at a would have the confidence to invest in objection, it is so ordered. time when the Deposit Insurance Fund our country because they know we in Mr. CORKER. Mr. President, I am is already undercapitalized. Washington have been responsible in here today to talk about the bill before Second, there is ample liquidity in that way. the Senate, a 2-year extension of the our banking system as to support loan One of the big discussions taking TAG Program. As everyone knows, this demand. In fact, the ratio of loans to place right now is revenues. I think, at will be the second 2-year extension of a deposits is at a historical low. Liquid- the end of the day, we are going to program that was put in place as an ity to make loans is not the problem; come to a conclusion very soon that it emergency measure taken during the slow economic growth is the problem. is probably time for us to go ahead and height of the financial crisis. It was Extending insurance to keep these de- rescue the 98 percent of the country also meant to end once the crisis posits around then fixes a problem that that have been caught up in all this. passed. simply does not exist. My sense is we are going to have some I have exceptionally high regard for Third, the overwhelming majority of resolution to that in the very near fu- community bankers in Tennessee, as I TAG deposits are actually with the ture. know you do for those in Pennsylvania. largest banks. Some small banks have What I have found—and one of the They have had to deal with the finan- said they want an extension, but this is reasons we don’t have a solution—is cial crisis of 2008, a recession that had largely not a small bank product. Sev- that people on both sides of the aisle

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.060 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7741 are focused on the revenue side, but so courage to sit down and deal with this last year shelters and organizations in far there has been almost no discussion issue. It appears to me, again, that Kansas that are funded in part by this on the entitlement reform side. Can- where we may be headed is toward the legislation served more than 1,000 vic- didly, I think it is uncomfortable for end of this month rescuing the 98 per- tims, and similar organizations around many in Congress and even at the cent, putting that issue over to the the country serve more than 67,000 vic- White House, obviously, to deal with side, and then using the debt ceiling or tims each day. this issue. As a matter of fact, on this the CR as that forcing moment to A few weeks back I visited one such issue, what I would say—and I know cause us to finally come to terms with organization, Kansas SAFEHOME. It is there is a difference of opinion—here this fiscal issue. a tremendous organization that serves we have a country that every developed I regret we are in a place in our coun- the greater Kansas City area. I have al- nation knows its greatest threat is fis- try where we have to have these forc- ways believed we change the world one cal solvency. Economists on both sides ing moments, but that is where I be- person at a time. What I saw in my of the aisle have said the greatest lieve we are headed. I can say to every- visit to SAFEHOME was exactly that: threat to our country is us not dealing body in here, what I cannot abide by, making the difference in a person’s life with the fiscal solvency and the $16 one Senator—since we know what all each and every day, one person at a trillion debt we have, which is growing. the solutions are, we know the changes time. Yet, in fairness, we have a President that need to be made, we can sit down SAFEHOME provides more than a who so far has not been willing to lay and go through columns on either side, shelter for those needing a place to live out a plan to deal with this issue. including revenues and changes, to get to escape from abuse. They provide ad- While it pains me to bring this up—be- us in a place where we need to be, but vocacy and counseling, an in-house at- cause I think we as elected officials we haven’t done it, and I am afraid we torney, and assistance in finding a job. and the White House should sit down are heading to a place where we are The agency also provides education in and deal with this issue because we going to have to have another forcing the community to prevent abuse and know it is the biggest issue our Nation moment. further abuse. We often think it does faces—it appears to me it is very pos- I thank the Chair and yield the floor not exist, and yet this organization is sible we may move through the end of and I note the absence of a quorum. making clear that the prevalence of do- this year only dealing with rescuing The PRESIDING OFFICER. The mestic violence is known and com- the 98 percent of the people who have clerk will call the roll. bated. been caught up in this debate. The assistant legislative clerk pro- Each year SAFEHOME helps thou- So there is a moment—I hate to use ceeded to call the roll. sands of women and children reestab- this word, but there is another moment Mr. MORAN. Mr. President, I ask lish their lives without violence. The coming—which probably will force us unanimous consent that the order for employees and volunteers there are to deal with another issue in other the quorum call be rescinded. making that difference that is so im- ways; that is, the debt ceiling. While I The PRESIDING OFFICER (Mr. portant in the lives of so many. don’t think it is mature that we have BLUMENTHAL). Without objection, it is After my visit to SAFEHOME, a Kan- to have a line in the sand to force us to so ordered. san posted a question on my sit down and deal with this issue, it is Mr. MORAN. Mr. President, I ask wall. Mr. Bachman asked if I came where we find ourselves in this Con- unanimous consent to address the Sen- away from my SAFEHOME visit with gress and in dealing with this White ate as in morning business. ‘‘any honest sense of how current polit- House; that is, needing a point of lever- The PRESIDING OFFICER. Without ical game playing [in Washington] and age to focus these discussions. objection, it is so ordered. proposed legislation compromises not I hope we will sit down and come up VAWA REAUTHORIZATION only the work [SAFEHOME] does, but with a $4 trillion, $4.5 trillion package Mr. MORAN. Mr. President, in com- also aggravates the conditions that to put this behind us—one that has munities across our country, millions breed and sustain violence and hos- both revenues and entitlement re- of Americans, unfortunately, find tility against women.’’ The question forms—a solution that again would put themselves placed in danger by the was do we know what our failures in this in the rearview mirror. But where very people who are supposed to love, Washington, DC, actually cause in the I see us going is it is possible that by care, and protect them. Domestic vio- lives of folks across my State and the time year end comes, all we will lence brings hopelessness, depression, around the country. have done is rescued the 98 percent of and fear into the lives of those who fall The point this constituent makes is taxpayers who have been caught in this victim to it. right on. Despite the important and and then moving to the debt ceiling as I rise this evening on behalf of our honorable work these organizations are the next line in the sand that will be a victims—they are our neighbors, fam- performing, they are faced with uncer- forcing moment to cause us to deal ily members, brothers, sisters, moth- tainty regarding the level of funding with this issue. I think that is where ers, fathers—as well as those people and the support they will receive. We we are headed unless something hap- who are so careful in their desire to have gambled with the well-being of pens. I hope something big happens serve those who are subjected to do- countless victims of domestic violence, that I can support. mestic violence, to say that now— and we have left these organizations in I will tell my colleagues this: I have now—is the time for us to send to the limbo and unable to provide the max- been through this process. We all have. President for his signature a bipar- imum amount of care possible. The 112th Congress knows more about tisan, commonsense Violence Against None of us here—Republicans or this fiscal issue than any Congress in Women Act reauthorization bill. We Democrats—can in good conscience let the history of man. We have been got caught in a lot of partisan bick- this continue. The election is over, the through two dry runs. We know what ering, and we failed to do that earlier results are in, and I am hoping the the cost of each change is. We know this year. I would like to rectify that days of extreme partisanship that how much it saves Congress and saves course. plagued the 112th Congress are now be- our country if we deal with these Each year more than 2 million hind us. We must begin to unite as a issues. One thing I wish to say is I can- women in the United States fall victim Congress, and history is clear proof not support another process that leads to domestic violence. In Kansas, my that we can unite over the Violence us to another fiscal cliff. home State, an estimated 1 in 10 adult Against Women Act. Again, I hope the President and women is domestically abused each The passage of the Violence Against Speaker BOEHNER will come up with a year. Studies have shown that more Women Act in 1994 and its two reau- solution that puts this behind us. We than 3 million children witness domes- thorizations—one in 2000 and one in all know what we need to do. What we tic violence every year. 2005—has been the result of and dem- have lacked around here is the polit- All of these victims depend upon onstrates that we can have successful ical courage to sit down—both sides of services and care provided by VAWA bipartisan, bicameral efforts. In order the aisle have issues; I understand grants and funding recipients who ben- for us to move forward on combating that, but we have lacked the political efit from those grants. On a single day domestic violence and caring for its

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.061 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7742 CONGRESSIONAL RECORD — SENATE December 11, 2012 victims, we must set aside the divisive Humana as a finance specialist. He has Asia. Over almost 60 years as modern rhetoric that surrounded this debate. steadily risen up the ranks ever since. treaty allies, the United States and Of course, both sides—all of us—want In 2000, he was named president and Thailand have created flourishing busi- to end discrimination and agree that CEO of the Louisville-based company. ness and cultural ties, underpinned by shelters and similar grant recipients Humana employs more than 11,000 in our shared values of democracy and should provide services to everybody Kentucky; thousands of those jobs have rule of law. Our relationship has been who needs them. been created under Mike’s tenure. cemented through our work together For anyone to suggest otherwise is Mike led the company in innovations to face regional and global security not only disingenuous, but, more im- such as going all digital to eliminate challenges, often at great cost to our portantly, it is a waste of time. The the use of paper for transactions in two peoples. millions of victims who depend on the 2001, well ahead of the rest of the in- Overseeing and guiding this has been services funded by VAWA deserve bet- dustry; and in creating consumer-driv- King Bhumibol Adulyadej. His support ter from us; the American people we en products that allowed customers to for the relationship between the United are here to serve deserve better from make more of their own decisions States and Thailand has been immeas- their representatives. about their health care plans. Under urable, and the respect with which he It is past time for the House and Sen- Mike’s leadership, in 2004 it was ranked is regarded in Washington is cor- ate and for the Democrats and Repub- by Business Week magazine as one of respondingly great. licans to come together and approach the top-performing companies in the I send my congratulations to King this reauthorization as a reauthoriza- United States. Bhumibol Adulyadej and to all the peo- tion. It is not a major piece of legisla- Mike has also been very active in ple of Thailand. tion to overhaul the law as it exists civic and philanthropic endeavors, to f but to reauthorize the programs that the benefit of Kentucky and Louisville, TRIBUTE TO PAT GODFREY are currently in existence. We need to the city we both call home. He headed do so with a sense of urgency, of dedi- the most successful communitywide Mr. HATCH. Mr. President. I appre- cation to the cause, and a willingness fund drive in the history of the Louis- ciate this opportunity to pay tribute to compromise. ville Metro United Way, raising $30 today to a wonderful staff member who If we do this, I am confident we can million in 2006. He was the community- is a true example of a dedicated public sort out the differences with respect to wide chair of the Greater Louisville servant. Pat recently retired after 27 this bill and get it signed during this Fund for the Arts in 2003. He has also years of wonderful service to my office lameduck period. I stand ready to work served on the board of the Committee and the people of Utah. with my colleagues on both sides of the Encouraging Corporate Philanthropy. Pat was the public face and voice of aisle and on both sides of this building He is the current chairman of the my office. She managed the front office to accomplish exactly that. The Amer- Workplace Wellness Alliance. and phones with kindness as she greet- ican people, the victims of domestic vi- Mike’s generous spirit of service has ed literally thousands of people each olence, and the shelters and support or- also influenced his company as a year. No matter the issue or the anger, ganizations that care for those victims whole. Under his leadership, the Pat would answer each constituent of violence deserve that. Humana Foundation has donated more with grace and compassion. Mr. President, I yield back the re- than $50 million to education, health, She loved people, and it showed in mainder of my time. and arts initiatives in Kentucky and her every day interactions. She always I suggest the absence of a quorum. across America. made the time to listen to visitors to The PRESIDING OFFICER. The I know my colleagues will join me in our office, and she truly cared about clerk will call the roll. extending congratulations and best the problems they were facing. She be- The legislative clerk proceeded to wishes to Mike as well as his family: he came the first-line advocate for many, call the roll. and his wife Charlene have a daughter many Utahns who were having prob- Mr. REID. Mr. President, I ask unan- Megan, and a son Ryan. I am sure they lems with the Federal Government, imous consent that the order for the are very proud of him and look forward and she would make sure that their quorum call be rescinded. to seeing more of him. It is my under- calls were returned and their issues ad- The PRESIDING OFFICER. Without standing that Mike has promised he dressed. objection, it is so ordered. will not golf more than twice a week. At times the front desk phones would get extremely busy and many of the f Also, Mike will not step away from Humana entirely: He will retain a posi- calls were from angry constituents. MORNING BUSINESS tion as its nonexecutive chairman. Yet you could always find Pat with a Mr. REID. Mr. President, I ask unan- Mr. Michael B. McCallister has set a smile on her face and a calm demeanor. imous consent that the Senate proceed remarkable example of dedication and She was a strong advocate for the poli- to a period of morning business, with service to the people of Kentucky. I cies and issues I was fighting for on be- Senators allowed to speak for up to 10 wish him every success in his next en- half of Utah in our Nation’s Capital minutes each. deavors in life. and always conveyed this in a down-to The PRESIDING OFFICER. Without f earth manner. No matter the disagree- objection, it is so ordered. ment, most callers left a conversation COMMEMORATING THE 84TH f with Pat feeling better about why they BIRTHDAY OF HIS MAJESTY called. TRIBUTE TO MICHAEL B. KING BHUMIBOL ADULYADEJ Pat made friends with everyone and MCCALLISTER Mr. KERRY. Mr. President, on De- was well known throughout the Fed- Mr. MCCONNELL. Mr. President, I cember 5, His Majesty King Bhumibol eral Building. Many employees from rise today to pay tribute to a good Adulyadej of Thailand celebrated his various agencies would look out for friend of mine and a distinguished cit- 85th birthday, and this year marks the Pat and always inquired about her izen of the Commonwealth of Ken- 66th year of his reign. I would like to well-being. She had the building man- tucky. Mr. Michael B. McCallister, the mark the occasion by sending warm agement staff and security guards on highly respected chief executive officer wishes to King Bhumibol and to all the speed dial and was always able to get of Humana, will retire from that posi- people of Thailand as they celebrate the needs of the office addressed in a tion at the end of this month. He has this happy event. timely, efficient manner. served as Humana’s CEO for the past 12 The United States and Thailand have Pat’s talents were in evident display years. a long, rich, and growing partnership at the office, but perhaps her great Mike has spent his entire career with that has brought tremendous benefits achievements came as a loving mother Humana, Kentucky’s largest publicly to the people of both nations. Our bi- and grandmother. She dearly loves her traded company. After receiving his lateral relationship dates back 179 family and expresses it often. Her pride bachelor’s degree from Louisiana Tech years and Thailand is our longest- and care for her children and grand- University in 1974, he went to work at standing diplomatic partner in East children is evident and central to her

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She has made her testi- worked part time commercial fishing Monroe, OR, to a family of modest mony in the Church of Jesus Christ of on the Columbia River. means, achieved personal success most Latter-day Saints an important compo- Mr. Riutta is a 1968 graduate of the can only dream of. nent of her life and has spent countless U.S. Coast Guard Academy and a 1990 It was once written about John Gray hours serving others in various capac- graduate of the National War College. that one ‘‘might expect a man such as ities. He is married to Barbara Starr Kramer Gray, who has made it so big so quick- Mr. President. I am truly grateful for of Chester Springs, PA. They have two ly, to behave like the tycoon he is. In- the tremendous service Pat Godfrey sons, Ian and Aaron. stead, he has the manner of a bashful On behalf of the State of Alaska, I rendered to me, to our community, and lepidopterist making his first trip to ask my distinguished colleagues to join to the thousands of constituents whose the big city.’’ lives she touched with her kindness me in recognizing Vice Admiral Riutta’s exceptional career. We owe At the time of that profile, Salishan and compassion. I want to wish Pat the was a new community, Sunriver had very best in retirement and know that him a debt of gratitude for his commit- ment to the Coast Guard, our Nation yet to open, and Skamania was but a she will make many more wonderful twinkle in John Gray’s eye. More than memories in the loving strength of her and Alaska’s seafood industry. We wish him well in his retirement.∑ 4 decades later, the man who has for- family. May our Heavenly Father bless ever changed the landscape of Oregon Pat for the person she is and the serv- f remains humble. ice she has rendered to so many. ARKANSAS FARM FAMILY OF THE John Gray’s longstanding commit- f YEAR ment to preserving and protecting Or- ADDITIONAL STATEMENTS ∑ Mr. BOOZMAN. Mr. President, today egon’s natural beauty is evident in the I wish to congratulate the DeSalvo communities he’s developed, such as family for earning the distinction of Sunriver, which complement their sur- TRIBUTE TO VICE ADMIRAL RAY 2012’s Arkansas Farm Family of the roundings with signature elegance. RIUTTA Year. That commitment was matched by ∑ Mr. BEGICH. Mr. President, today I This honor reflects the dedication of his passion for strengthening urban wish to recognize an Alaskan for his Tony DeSalvo, his son Phillip, daugh- communities. Over the last several extraordinary 34 years of service to the ter-in-law Beth, and grandchildren years, John Gray gave $2 million to United States Coast Guard and our Na- Benjamin and Isabelle to ranching and Habitat for Humanity in Oregon. His tion as well as 10 years of leadership the importance of agriculture as Ar- cornerstone contribution of $1 million within the Alaska seafood industry kansas’s No. 1 industry. to Habitat’s ‘‘Block by Block’’ initia- As owners of Big D Ranch, the where he had a tremendous positive tive laid the foundation for a $10 mil- DeSalvos oversee a 350-head commer- impact for our fishermen. lion land-bank fund, which allowed cial cow-calf operation. It is one of the Ray Riutta has held the position of Habitat to purchase large groups of largest herd of registered Ultrablack executive director of the Alaska Sea- home lots on Portland’s east side. On cattle in the State, and includes a 150- food Marketing Institute, ASMI, since these lots, Habitat will build entire head of registered Ultrablack cattle 30 August 2002. Since then, he has guided blocks of new homes for low-income to 40 of which are registered bulls. The the organization through pivotal families, most of whom will be first- DeSalvos also grow around 900 acres of changes, including the implementation time homeowners. wheat and sorghum-sudan silage and of the sustainability platform to show- Mr. Gray’s generosity was expansive, Bermuda hay on the ranch. The extending beyond homeownership to a case Alaska’s commitment to respon- DeSalvo family settled near Center sibly managed fisheries. ASMI has range of efforts to make Portland a Ridge in the late 1800s, and the family better place. Twenty years ago, he es- worked diligently to increase the eco- continues to work on that same land tablished a fund at Reed College to nomic value of Alaska seafood re- today. Phillip is passing along his pas- make sure the school’s students are sources through a collaborative part- sion for ranching with Benjamin and able to enjoy ‘‘cultural, social, and rec- nership with the seafood industry. Isabella, and now they are learning the reational programs of excellent qual- Since Mr. Riutta’s arrival in 2002, the rewards of farm work. value of Alaska seafood exports in- The Arkansas Farm Bureau’s pro- ity’’ outside the classroom. In 2011, he creased nearly 23 percent from $1.78 bil- gram honors farm families across the gave nearly half a million dollars to a lion to $2.2 billion in 2011. State for their outstanding work both private Portland-area school serving Prior to joining ASMI, Mr. Riutta on their farms and in their commu- students from homeless and very low- served in the United States Coast nities. This recognition is a reflection income families to build a new class- Guard for 34 years, retiring at the rank of the contribution to agriculture at room for its expanding roster of stu- of vice admiral. During his career, he the community and State level and its dents. That same year, he pledged $5 served on six ships, commanding four implications for improved farm prac- million to the Knight Cancer Institute of them with over 12 years of sea serv- tices and management. The DeSalvos at Oregon Health & Science University ice in the Bering Sea, Atlantic and Pa- are well-deserving of this honor. to create an endowed professorship and cific Oceans as well as the Great Lakes I congratulate Tony, Phillip, Beth, to fund research and clinical care. and the Caribbean Sea. For 3 years he Benjamin, and Isabelle on their out- Mr. Gray’s professional and civic ac- was assigned to the U.S. Embassy in standing achievements in ranching and complishments are widely known. As a London. While assigned to Coast Guard agriculture and ask my fellow col- developer, he created several of Or- Headquarters in Washington, DC, Mr. leagues to join me in honoring them egon’s signature communities. As a Riutta was deputy chief of the Office of for this accomplishment. I wish them businessman, he led Omark Industries Law Enforcement and Defense Oper- continued success in their future en- and was a director of Tektronix, Preci- ations and later chief of operations. deavors and look forward to the con- sion Castparts and First Interstate During his tenure as district com- tributions they will continue to offer Bank. As a philanthropist, he has given mander for Alaska, Mr. Riutta served Arkansas ranching and agriculture.∑ millions of dollars to make Portland a place that offers opportunity for all. as a member of the North Pacific Fish- f eries Management Council. He worked But, not many people know that he is closely with the Pacific Region Coast TRIBUTE TO JOHN GRAY also a decorated veteran. He served Guards, China, Japan, Korea, Canada ∑ Mr. MERKLEY. Mr. President, today with the Army’s 82nd Airborne Divi- and Russia, while in command of all I wish to celebrate the life of John sion during World War II, rising to the

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.020 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7744 CONGRESSIONAL RECORD — SENATE December 11, 2012 rank of Lieutenant Colonel and receiv- there are delightful shops like Folia, ADDITIONAL COSPONSORS ing the prestigious Bronze Star for his run by designers who care more about S. 465 service. their final product and intimate rela- At the request of Mrs. GILLIBRAND, This Friday, December 14, we will be tionships with customers than the bot- the name of the Senator from Mary- opening an affordable housing develop- tom line. I proudly offer my congratu- land (Ms. MIKULSKI) was added as a co- ment that will house dozens of home- lations to Folia on their success and sponsor of S. 465, a bill to prevent mail, less veterans. It is a fitting tribute wish Edith and everyone at Folia all telemarketing, and Internet fraud tar- that the development will bear John the best in the future.∑ geting seniors in the United States, to Gray’s name.∑ f promote efforts to increase public f REPORTS OF COMMITTEES awareness of the enormous impact that RECOGNIZING FOLIA JEWELRY mail, telemarketing, and Internet The following reports of committees fraud have on seniors, to educate the ∑ Ms. SNOWE. Mr. President, a piece of were submitted: public, seniors, and their families, and jewelry can tell a story, trigger a mem- By Mr. AKAKA, from the Committee on their caregivers about how to identify ory, or commemorate a special occa- Indian Affairs, with amendments: and combat fraudulent activity, and sion. The beauty and charm captured S. 2024. A bill to make technical amend- for other purposes. ment to the T’uf Shur Bien Preservation in a ring or a necklace can precisely S. 1868 convey a meaning without words. For Trust Area Act, and for other purposes. By Mr. AKAKA, from the Committee on At the request of Mr. MENENDEZ, the birthdays, engagements, celebrations, Indian Affairs, without amendment: name of the Senator from Connecticut and sometimes ‘‘just because,’’ a piece S. 3546. A bill to amend the Native Amer- (Mr. LIEBERMAN) was added as a co- of jewelry is a popular and personal ican Programs Act of 1974 to reauthorize a sponsor of S. 1868, a bill to establish gift. Today I wish to recognize a jew- provision to ensure the survival and con- within the Smithsonian Institution the elry store whose emphasis on detail, tinuing vitality of Native American lan- Smithsonian American Latino Mu- creativity, and quality sets it apart. guages. seum, and for other purposes. S. 3548. A bill to clarify certain provisions A downtown staple for nearly two S. 2212 decades, Folia Jewelry in Portland, of the Native American Veterans’ Memorial Establishment Act of 1994. At the request of Mrs. FEINSTEIN, the ME, specializes in custom-made pieces f name of the Senator from Oklahoma of jewelry fashioned from precious (Mr. COBURN) was added as a cosponsor metals and gemstones. The owner and INTRODUCTION OF BILLS AND of S. 2212, a bill to clarify the exception creative mind behind these beautiful JOINT RESOLUTIONS to foreign sovereign immunity set pieces of wearable art is Edith Arm- The following bills and joint resolu- forth in section 1605(a)(3) title 28, strong. Edith studied jewelry making tions were introduced, read the first United States Code. and metalsmithing at the Rhode Island and second times by unanimous con- S. 3208 School of Design and brings more than sent, and referred as indicated: At the request of Mr. PORTMAN, the 25 years of expertise to the custom jew- By Mr. BENNET (for himself and Mr. name of the Senator from New York elry market. It is her passion and UDALL of Colorado): (Mr. SCHUMER) was added as a cospon- imagination that first brought Folia to S. 3669. A bill to provide assistance for wa- sor of S. 3208, a bill to reauthorize the Portland. Her work is now known tersheds adversely affected by qualifying Multinational Species Conservation throughout the area and even the natural disasters; to the Committee on Agri- Funds Semipostal Stamp, and for other world for its excellence and originality. culture, Nutrition, and Forestry. purposes. The custom design and quality of f S. 3518 Edith and the other designers at Folia SUBMISSION OF CONCURRENT AND At the request of Mr. WYDEN, the is exquisite. Folia showcases the tal- SENATE RESOLUTIONS name of the Senator from Oregon (Mr. ents of several of Maine’s gifted and ex- MERKLEY) was added as a cosponsor of perienced artisans. The designers at The following concurrent resolutions S. 3518, a bill to make it a principal ne- Folia individually sit down with each and Senate resolutions were read, and gotiating objective of the United customer interested in specially craft- referred (or acted upon), as indicated: States in trade negotiations to elimi- ed pieces to discuss, sketch, and render By Mr. LIEBERMAN (for himself, Mr. nate government fisheries subsidies, models to exact specifications prior to CASEY, Mr. RISCH, Mr. CARDIN, Mr. and for other purposes. RUBIO, Mrs. FEINSTEIN, Ms. COLLINS, work on the actual piece. This detail- S. 3665 Mr. BROWN of Ohio, Mr. BLUMENTHAL, oriented process yields pieces which Mr. WICKER, Mrs. SHAHEEN, Mr. At the request of Mr. KERRY, the are unique, beautiful, and personal. CRAPO, Mr. NELSON of Florida, Mr. name of the Senator from Maine (Ms. The philosophy of Folia is all in the INHOFE, Mrs. BOXER, Mr. BLUNT, Mr. COLLINS) was added as a cosponsor of S. personalization. If you do not see ex- WYDEN, Mr. KIRK, Mr. TESTER, Mr. 3665, a bill to amend the Higher Edu- actly what you’re looking for in the ROBERTS, Mr. LAUTENBERG, Mr. ISAK- cation Act of 1965 to provide informa- many display cases, Edith and her SON, Mr. CHAMBLISS, Mr. GRAHAM, tion to foster youth on their potential team of artists will happily work with Mrs. GILLIBRAND, Mr. KYL, Mr. eligibility for Federal student aid. MENENDEZ, Mr. BARRASSO, Mr. JOHN- you to give form to your vision. f SON of Wisconsin, Mr. BOOZMAN, Mr. Through their dedication to their craft BURR, Mr. UDALL of Colorado, Mr. SUBMITTED RESOLUTIONS and attention to detail, the designers JOHANNS, Mr. WHITEHOUSE, Mr. COR- at Folia have garnered a reputation as NYN, Mr. COONS, Mr. BROWN of Massa- one of the best jewelry stores in Maine, chusetts, Mr. FRANKEN, Ms. AYOTTE, SENATE RESOLUTION 613—URGING and it is easy to see why. Ms. KLOBUCHAR, Mr. COATS, Mr. THE GOVERNMENTS OF EUROPE Along with custom jewelry making, SCHUMER, Mr. LEE, Ms. MIKULSKI, Mr. AND THE EUROPEAN UNION TO Folia also offers a wide array of prefab- MORAN, Mrs. MCCASKILL, Mr. DESIGNATE HIZBALLAH AS A HOEVEN, Mr. PRYOR, Mr. PORTMAN, ricated designs for customers to choose TERRORIST ORGANIZATION AND Mr. BEGICH, Mr. MCCAIN, Mr. CARPER, from, all made from the highest qual- Mr. THUNE, Mr. MCCONNELL, Mr. BEN- IMPOSE SANCTIONS, AND URG- ity stones and metals. These designs NET, Mr. ENZI, and Mr. JOHNSON of ING THE PRESIDENT TO PRO- are ready-made but each has that artis- South Dakota): VIDE INFORMATION ABOUT tic flare so characteristic of Folia’s S. Res. 613. A resolution urging the govern- HIZBALLAH TO THE EUROPEAN custom creations. The intricacy with ments of Europe and the European Union to ALLIES OF THE UNITED STATES which each piece is fashioned is truly designate Hizballah as a terrorist organiza- AND TO SUPPORT TO THE GOV- outstanding. Their expert craftsmen tion and impose sanctions, and urging the ERNMENT OF BULGARIA IN IN- President to provide information about VESTIGATING THE JULY 18, 2012, also specialize in restoration and repair Hizballah to the European allies of the of older jewelry. United States and to support to the Govern- TERRORIST ATTACK IN BURGAS In a world increasingly concerned ment of Bulgaria in investigating the July Mr. LIEBERMAN (for himself, Mr. CASEY, with on-demand and instant gratifi- 18, 2012, terrorist attack in Burgas; to the Mr. RISCH, Mr. CARDIN, Mr. RUBIO, Mrs. FEIN- cation, it is comforting to know that Committee on Foreign Relations. STEIN, Ms. COLLINS, Mr. BROWN of Ohio, Mr.

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BLUMENTHAL, Mr. WICKER, Mrs. SHAHEEN, Mr. Whereas, according to the October 18, 2012, to help the Syrian regime’s violent crack- CRAPO, Mr. NELSON of Florida, Mr. INHOFE, report of the Secretary-General of the down on the Syrian civilian population’’; Mrs. BOXER, Mr. BLUNT, Mr. WYDEN, Mr. United Nations to the United Nations Secu- Whereas, on October 26, 2012, Mr. Brennan KIRK, Mr. TESTER, Mr. ROBERTS, Mr. LAUTEN- rity Council on the implementation of Secu- stated, ‘‘Even in Europe, many coun- BERG, Mr. ISAKSON, Mr. CHAMBLISS, Mr. GRA- rity Council Resolution 1559 (2004) (in this tries. . .have not yet designated Hizballah as HAM, Mrs. GILLIBRAND, Mr. KYL, Mr. MENEN- preamble referred to as the ‘‘October 18 Re- a terrorist organization. Nor has the Euro- DEZ, Mr. BARRASSO, Mr. JOHNSON of Wis- port’’), ‘‘The maintenance by Hizbullah of pean Union. Let me be clear: failure to des- consin, Mr. BOOZMAN, Mr. BURR, Mr. UDALL sizeable sophisticated military capabilities ignate Hizballah as a terrorist organization of Colorado, Mr. JOHANNS, Mr. WHITEHOUSE, outside the control of the Government of makes it harder to defend our countries and Mr. CORNYN, Mr. COONS, Mr. BROWN of Massa- Lebanon. . .creates an atmosphere of intimi- protect our citizens. As a result, for example, chusetts, Mr. FRANKEN, Ms. AYOTTE, Ms. dation in the country[,]. . .puts Lebanon in countries that have arrested Hizballah sus- KLOBUCHAR, Mr. COATS, Mr. SCHUMER, Mr. violation of its obligations under Resolution pects for plotting in Europe have been un- LEE, Ms. MIKULSKI, Mr. MORAN, Mrs. MCCAS- 1559 (2004)[,] and constitutes a threat to re- able to prosecute them on terrorism KILL, Mr. HOEVEN, Mr. PRYOR, Mr. PORTMAN, gional peace and stability.’’; charges.’’; and Mr. BEGICH, Mr. MCCAIN, Mr. CARPER, Mr. Whereas John Brennan, Assistant to the Whereas, on October 26, 2012, Mr. Brennan THUNE, Mr. MCCONNELL, Mr. BENNET, Mr. President for Homeland Security and called on the European Union to designate ENZI, and Mr. JOHNSON of South Dakota) sub- Counterterrorism, stated on October 26, 2012, Hizballah as a terrorist organization, saying, mitted the following resolution; which was that Hizballah’s ‘‘social and political activi- ‘‘European nations are our most sophisti- referred to the Committee on Foreign Rela- ties must not obscure [its] true nature or cated and important counterterrorism part- tions: prevent us from seeing it for what it is—an ners, and together we must make it clear S. RES. 613 international terrorist organization actively that we will not tolerate Hizballah’s crimi- supported by Iran’s Islamic Revolutionary Whereas the Department of State has des- nal and terrorist activities.’’: Now, therefore, Guards Corps – Quds Force’’; ignated Hizballah as a foreign terrorist orga- be it Whereas David Cohen, Under Secretary of nization since October 1997; Resolved, That the Senate— the Treasury for Terrorism and Financial In- Whereas the United States Government (1) urges the governments of Europe and telligence, stated on August 10, 2012, ‘‘Before the European Union to designate Hizballah designated Hizballah a specially designated al Qaeda’s attack on the U.S. on September terrorist organization in January 1995 and a as a terrorist organization so that Hizballah 11, 2001, Hizballah was responsible for killing cannot use the territories of the European ‘‘Specially Designated Global Terrorist’’ pur- more Americans in terrorist attacks than suant to Executive Order 13224 (66 Fed. Reg. Union for fundraising, recruitment, financ- any other terrorist group.’’; ing, logistical support, training, and propa- 49079) in October 2001; Whereas, according to a September 13, 2012, Whereas Hizballah was established in 1982 ganda; Department of the Treasury press release, (2) urges the governments of Europe and through the direct sponsorship and support ‘‘The last year has witnessed Hizballah’s of Iran’s Islamic Revolutionary Guards Corps the European Union to impose sanctions on most aggressive terrorist plotting outside Hizballah for providing material support to (IRGC) Quds Force and continues to receive the Middle East since the 1990s.’’; training, weapons, and explosives, as well as Bashar al Assad’s ongoing campaign of vio- Whereas, since 2011, Hizballah has been im- lent repression against the people of Syria; political, diplomatic, monetary, and organi- plicated in thwarted terrorist plots in Azer- zational aid, from Iran; (3) expresses support for the Government of baijan, Cyprus, Thailand, and elsewhere; Bulgaria as it conducts an investigation into Whereas Hizballah has been implicated in Whereas, on July 18, 2012, a suicide bomber the July 18, 2012, terrorist attack in Burgas, multiple acts of terrorism over the past 30 attacked a bus in Burgas, Bulgaria, mur- and expresses hope that the investigation years, including the bombings in Lebanon in dering 5 Israeli tourists and the Bulgarian can be successfully concluded and that the 1983 of the United States Embassy, the bus driver in a terrorist attack that, accord- perpetrators can be identified as quickly as United States Marine barracks, and the ing to Mr. Brennan, ‘‘bore the hallmarks of possible; French Army barracks, the airline hijack- a Hizballah attack’’; (4) urges the President to provide all nec- ings and the kidnapping of European, Amer- Whereas Israeli prime minister Benjamin essary diplomatic, intelligence, and law en- ican, and other Western hostages in the 1980s Netanyahu has stated of the Burgas terrorist forcement support to the Government of Bul- and 1990s, and support of the Khobar Towers attack, ‘‘We have unquestionable, fully sub- garia to investigate the July 18, 2012, ter- attack in Saudi Arabia that killed 19 Ameri- stantiated evidence that this was done by cans in 1996; Hizballah backed by Iran.’’; rorist attack in Burgas; Whereas, according to the 2011 Country Re- Whereas Bulgaria is a member of the Euro- (5) reaffirms support for the Government of ports on Terrorism issued by the Department pean Union and a member of the North At- Bulgaria by the United States as a member of State, ‘‘Since at least 2004, Hizballah has lantic Treaty Organization (NATO); of the North Atlantic Treaty Organization provided training to select Iraqi Shia mili- Whereas, according to the October 18 Re- (NATO), and urges the United States, NATO, tants, including on the construction and use port, ‘‘There have been credible reports sug- and the European Union to work with the of improvised explosive devices (IEDs) that gesting involvement by Hizbullah and other Government of Bulgaria to safeguard its ter- can penetrate heavily-armored vehicles.’’; Lebanese political forces in support of the ritory and citizens from the threat of ter- Whereas, in 2007, a senior Hizballah opera- parties in the conflict in Syria.. . . Such mil- rorism; and tive, Ali Mussa Daqduq, was captured in Iraq itant activities by Hizbullah in Syria con- (6) urges the President to make available with detailed documents that discussed tac- tradict and undermine the disassociation to European allies and the European public tics to attack Iraqi and coalition forces, and policy of the Government of Lebanon, of information about Hizballah’s terrorist ac- has been directly implicated in a terrorist which Hizbullah is a coalition member.’’; tivities and material support to Bashar al attack that resulted in the murder of 5 mem- Whereas, on October 26, 2012, Mr. Brennan Assad’s campaign of violence in Syria. bers of the United States Armed Forces; stated, ‘‘We have seen Hizballah training f Whereas Hizballah has been implicated in militants in Yemen and Syria, where it con- the terrorist attacks in Buenos Aires, Argen- tinues to provide material support to the re- AMENDMENTS SUBMITTED AND tina on the Israeli Embassy in 1992 and the gime of Bashar al Assad, in part to preserve PROPOSED Argentine Israelite Mutual Association in its weapon supply lines.’’; SA 3312. Mr. PAUL submitted an amend- 1994; Whereas, on August 10, 2012, the Depart- ment intended to be proposed by him to the Whereas Hizballah has been implicated in ment of the Treasury designated Hizballah bill S. 3637, to temporarily extend the trans- acts of terrorism and extrajudicial violence pursuant to Executive Order 13582 (76 Fed action account guarantee program, and for in Lebanon, including the assassination of Reg. 52209), which targets those responsible other purposes; which was ordered to lie on political opponents; for human rights abuses in Syria, for pro- the table. Whereas, in June 2011, the Special Tribunal viding support to the Government of Syria; SA 3313. Mr. VITTER submitted an amend- for Lebanon, an international tribunal for Whereas, according to the Department of ment intended to be proposed by him to the the prosecution of those responsible for the the Treasury, since early 2011, Hizballah bill S. 3637, supra; which was ordered to lie February 14, 2005, assassination of former ‘‘has provided training, advice and extensive on the table. Lebanese Prime Minister Rafiq Hariri, issued logistical support to the Government of Syr- SA 3314. Mr. REID proposed an amendment arrest warrants against 4 senior Hizballah ia’s increasingly ruthless effort to fight to the bill S. 3637, supra. members, including its top military com- against the opposition’’ and has ‘‘directly SA 3315. Mr. REID proposed an amendment mander, Mustafa Badr al-Din, identified as trained Syrian government personnel inside to amendment SA 3314 proposed by Mr. REID the primary suspect in the assassination; Syria and has facilitated the training of Syr- to the bill S. 3637, supra. Whereas, according to the 2011 Country Re- ian forces by Iran’s terrorism arm, the Is- SA 3316. Mr. REID proposed an amendment ports on Terrorism issued by the Department lamic Revolutionary Guards Corps – Qods to the bill S. 3637, supra. of State, Hizballah is ‘‘the likely perpe- Force’’; SA 3317. Mr. REID proposed an amendment trator’’ of 2 bomb attacks that wounded Whereas, on September 13, 2012, the De- to amendment SA 3316 proposed by Mr. REID United Nations Interim Force in Lebanon partment of the Treasury designated the to the bill S. 3637, supra. (UNIFIL) peacekeepers in Lebanon during Secretary-General of Hizballah, Hasan SA 3318. Mr. REID proposed an amendment 2011; Nasrallah, for overseeing ‘‘Hizballah’s efforts to amendment SA 3317 proposed by Mr. REID

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Mr. TOOMEY submitted an (c) REPEAL OF CERTAIN LIMITATIONS.—Sec- At the end, add the following new section: amendment intended to be proposed by him tion 714(b) of title 31, United States Code, is Sec. lll to the bill S. 3637, supra; which was ordered amended by striking all after ‘‘in writing.’’. This Act shall become effective 3 days to lie on the table. (d) TECHNICAL AND CONFORMING AMEND- after enactment. SA 3321. Mr. TOOMEY submitted an MENT.—Section 714 of title 31, United States amendment intended to be proposed by him Code, is amended by striking subsection (f). SA 3317. Mr. REID proposed an to the bill S. 3637, supra; which was ordered amendment to amendment SA 3316 pro- to lie on the table. SA 3313. Mr. VITTER submitted an posed by Mr. REID to the bill S. 3637, to SA 3322. Mr. CORKER submitted an amend- amendment intended to be proposed by temporarily extend the transaction ac- ment intended to be proposed by him to the him to the bill S. 3637, to temporarily bill S. 3637, supra; which was ordered to lie count guarantee program, and for on the table. extend the transaction account guar- other purposes; as follows: SA 3323. Mr. CORKER submitted an amend- antee program, and for other purposes; In the amendment, strike ‘‘3 days’’ and in- ment intended to be proposed by him to the which was ordered to lie on the table; sert ‘‘2 days’’. bill S. 3637, supra; which was ordered to lie as follows: on the table. Strike section 1 and insert the following: SA 3318. Mr. REID proposed an SA 3324. Mr. CORKER submitted an amend- SECTION 1. TEMPORARY CONTINUATION OF THE amendment to amendment SA 3317 pro- ment intended to be proposed by him to the TRANSACTION ACCOUNT GUAR- posed by Mr. REID to the amendment bill S. 3637, supra; which was ordered to lie ANTEE PROGRAM FOR INSURED DE- SA 3316 proposed by Mr. REID to the on the table. POSITORY INSTITUTIONS. bill S. 3637, to temporarily extend the SA 3325. Mr. WICKER submitted an amend- (a) TEMPORARY EXTENSION.—Notwith- transaction account guarantee pro- ment intended to be proposed by him to the standing any other provision of law that bill S. 3637, supra; which was ordered to lie would repeal subparagraphs (B) and (C) of gram, and for other purposes; as fol- on the table. section (11)(a)(1) of the Federal Deposit In- lows: SA 3326. Mr. LIEBERMAN (for himself and surance Act (12 U.S.C. 1821(a)(1)) on January In the amendment, strike ‘‘2 days’’ and in- Ms. COLLINS) proposed an amendment to the 1, 2013, such subparagraphs shall remain in sert ‘‘1 day’’. bill S. 3564, to extend the Public Interest De- effect until December 31, 2014. classification Act of 2000 until 2018 and for (b) PROSPECTIVE REPEAL.—Effective on SA 3319. Mr. UDALL of Colorado sub- other purposes. January 1, 2015, section 11(a)(1) of the Fed- mitted an amendment intended to be SA 3327. Mr. LIEBERMAN (for himself and eral Deposit Insurance Act (12 U.S.C. proposed by him to the bill S. 3637, to Ms. COLLINS) proposed an amendment to the 1821(a)(1)) is amended— temporarily extend the transaction ac- bill S. 3564, supra. (1) in subparagraph (B)— SA 3328. Mrs. GILLIBRAND (for herself, count guarantee program, and for (A) by striking ‘‘DEPOSIT.—’’ and all that other purposes; which was ordered to Mr. ROCKEFELLER, and Mr. TOOMEY) proposed follows through ‘‘clause (ii), the net lie on the table; as follows: an amendment to the bill H.R. 6328, to amount’’ in clause (i), and inserting ‘‘DE- amend title 49, United States Code, to direct POSIT.—The net amount’’; and At the end, add the following: the Assistant Secretary of Homeland Secu- (B) by striking clauses (ii) and (iii); and SEC. ll. CREDIT UNION SMALL BUSINESS DE- rity (Transportation Security Administra- (2) in subparagraph (C), by striking ‘‘sub- VELOPMENT. tion) to transfer unclaimed clothing recov- paragraph (B)(i)’’ and inserting ‘‘subpara- (a) DEFINITIONS.—In this section— ered at airport security checkpoints to local graph (B)’’. (1) the term ‘‘Board’’ means the National veterans organizations and other local chari- (c) FEE SYSTEM.— Credit Union Administration Board; table organizations, and for other purposes. (1) IN GENERAL.—The Federal Deposit In- (2) the term ‘‘insured credit union’’ has the f surance Corporation (in this section referred same meaning as in section 101 of the Fed- eral Credit Union Act (12 U.S.C. 1752); TEXT OF AMENDMENTS to as the ‘‘Corporation’’) shall establish, by rule, a fee system to fully offset the cost of (3) the term ‘‘member business loan’’ has SA 3312. Mr. PAUL submitted an the transaction account guarantee program the same meaning as in section 107A(c)(1) of amendment intended to be proposed by under clauses (ii) and (iii) of section the Federal Credit Union Act (12 U.S.C. him to the bill S. 3637, to temporarily 11(A)(1)(B) of the Federal Deposit Insurance 1757a(c)(1)); extend the transaction account guar- Act, such that there is no net cost to the De- (4) the term ‘‘net worth’’ has the same meaning as in section 107A(c)(2) of the Fed- antee program, and for other purposes; posit Insurance Fund. (2) PRICING SYSTEM REQUIREMENTS.—The fee eral Credit Union Act (12 U.S.C. 1757a(c)(2)); which was ordered to lie on the table; system established by the Corporation under and as follows: this subsection shall provide that— (5) the term ‘‘well capitalized’’ has the At the end, add the following: (A) those depository institutions that vol- same meaning as in section 216(c)(1)(A) of SEC. lll. AUDIT REFORM AND TRANSPARENCY untarily participate in the program shall be the Federal Credit Union Act (12 U.S.C. FOR THE BOARD OF GOVERNORS OF required to pay a pro rata share of such fees; 1709d(c)(1)(A)). THE FEDERAL RESERVE SYSTEM. and (b) LIMITS ON MEMBER BUSINESS LOANS.— (a) IN GENERAL.—Notwithstanding section (B) the 6 largest insured depository institu- Effective 6 months after the date of enact- 714 of title 31, United States Code, or any tions, based on total assets, as determined ment of this Act, section 107A(a) of the Fed- other provision of law, an audit of the Board by the Corporation, shall each be required to eral Credit Union Act (12 U.S.C. 1757a(a)) is of Governors of the Federal Reserve System pay a share of such fees. amended to read as follows: and the Federal reserve banks under sub- ‘‘(a) LIMITATION.— section (b) of that section 714 shall be com- SA 3314. Mr. REID proposed an ‘‘(1) IN GENERAL.—Except as provided in pleted before the end of calendar year 2012. amendment to the bill S. 3637, to tem- paragraph (2), an insured credit union may (b) REPORT.— not make any member business loan that porarily extend the transaction ac- (1) IN GENERAL.—A report on the audit de- would result in the total amount of such scribed in subsection (a) shall be— count guarantee program, and for loans outstanding at that credit union at (A) submitted by the Comptroller General other purposes; as follows: any one time to be equal to more than the of the United States to Congress before the At the end, add the following new section: lesser of— end of the 90-day period beginning on the Sec. lll ‘‘(A) 1.75 times the actual net worth of the date on which such audit is completed; and This Act shall become effective 5 days credit union; or (B) made available to the Speaker of the after enactment. ‘‘(B) 12.25 percent of the total assets of the House of Representatives, the majority and credit union. minority leaders of the House of Representa- SA 3315. Mr. REID proposed an ‘‘(2) ADDITIONAL AUTHORITY.—The Board tives, the majority and minority leaders of amendment to amendment SA 3314 pro- may approve an application by an insured the Senate, the chairman and ranking mem- credit union upon a finding that the credit posed by Mr. REID to the bill S. 3637, to ber of the committee and each subcommittee temporarily extend the transaction ac- union meets the criteria under this para- of jurisdiction in the House of Representa- graph to make 1 or more member business tives and the Senate, and any other Member count guarantee program, and for loans that would result in a total amount of of Congress who requests it. other purposes; as follows: such loans outstanding at any one time of (2) CONTENTS.—The report under paragraph In the amendment, strike ‘‘5 days’’ and in- not more than 27.5 percent of the total assets (1) shall include a detailed description of the sert ‘‘4 days’’. of the credit union, if the credit union—

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.015 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7747 ‘‘(A) had member business loans out- (iv) the performance of the member busi- SEC. 202. FHA ANNUAL MORTGAGE INSURANCE standing at the end of each of the 4 consecu- ness loans, including delinquencies and net PREMIUMS. tive quarters immediately preceding the charge offs; (a) IN GENERAL.—Subparagraph (B) of sec- date of the application, in a total amount of (v) the effect of this section and the tion 203(c)(2) of the National Housing Act (12 not less than 80 percent of the applicable amendments made by this section on the U.S.C. 1709(c)(2)(B)) is amended— limitation under paragraph (1); number of insured credit unions engaged in (1) in the matter preceding clause (i)— ‘‘(B) is well capitalized, as defined in sec- member business lending, any change in the (A) by striking ‘‘may’’ and inserting tion 216(c)(1)(A); amount of member business lending, and the ‘‘shall’’; ‘‘(C) can demonstrate at least 5 years of ex- extent to which any increase is attributed to (B) by striking ‘‘not exceeding 1.5 percent’’ perience of sound underwriting and servicing the change in the limitation in section and inserting ‘‘not less than 0.55 percent’’; of member business loans; 107A(a) of the Federal Credit Union Act, as and ‘‘(D) has the requisite policies and experi- amended by this section; (C) by inserting ‘‘and not exceeding 2.0 per- ence in managing member business loans; (vi) the number, types, and asset size of in- cent of such remaining insured principal bal- and sured credit unions that were denied or ap- ance’’ before ‘‘for the following periods:’’; ‘‘(E) has satisfied other standards that the proved by the Board for increased member and Board determines are necessary to maintain business loans under section 107A(a)(2) of the (2) in clause (ii), by striking ‘‘1.55 percent’’ the safety and soundness of the insured cred- Federal Credit Union Act, as amended by and inserting ‘‘2.05 percent’’. it union. this section, including denials and approvals (b) EFFECTIVE DATE.—The amendments ‘‘(3) EFFECT OF NOT BEING WELL CAPITAL- under the tiered approval process; made by subsection (a) take effect upon the IZED.—An insured credit union that has made (vii) the types and sizes of businesses that expiration of the 6-month period beginning member business loans under an authoriza- receive member business loans, the duration on the date of the enactment of this Act. tion under paragraph (2) and that is not, as of the credit union membership of the busi- of its most recent quarterly call report, well SEC. 203. INDEMNIFICATION BY FHA MORTGA- nesses at the time of the loan, the types of GEES. capitalized, may not make any member busi- collateral used to secure member business ness loans, until such time as the credit loans, and the income level of members re- Section 202 of the National Housing Act (12 union becomes well capitalized (as defined in ceiving member business loans; and U.S.C. 1708) is amended by adding at the end section 216(c)(1)(A)), as reflected in a subse- (viii) the effect of any increases in member the following new subsection: quent quarterly call report, and obtains the business loans on the risk to the National ‘‘(i) INDEMNIFICATION BY MORTGAGEES.— approval of the Board.’’. Credit Union Share Insurance Fund and the ‘‘(1) IN GENERAL.—If the Secretary deter- (c) IMPLEMENTATION.— assessments on insured credit unions. mines that the mortgagee knew, or should (1) TIERED APPROVAL PROCESS.—The Na- (2) GAO STUDY AND REPORT.— have known, of a serious or material viola- tional Credit Union Administration Board (A) STUDY.—The Comptroller General of tion of the requirements established by the shall develop a tiered approval process, the United States shall conduct a study on Secretary with respect to a mortgage exe- under which an insured credit union gradu- the status of member business lending by in- cuted by a mortgagee approved by the Sec- ally increases the amount of member busi- sured credit unions, including— retary under the direct endorsement pro- ness lending in a manner that is consistent (i) trends in such lending; gram or insured by a mortgagee pursuant to with safe and sound operations, subject to (ii) types and amounts of member business the delegation of authority under section 256 the limits established under section such that the mortgage loan should not have 107A(a)(2) of the Federal Credit Union Act (as loans; (iii) the effectiveness of this section in en- been approved and endorsed for insurance, amended by this section). The rate of in- and the Secretary pays an insurance claim crease under the process established under hancing small business lending; (iv) recommendations for legislative ac- with respect to the mortgage within a rea- this paragraph may not exceed 30 percent per sonable period specified by the Secretary, year. tion, if any, with respect to such lending; and the Secretary may require the mortgagee ap- (2) RULEMAKING REQUIRED.—The Board proved by the Secretary under the direct en- shall issue proposed rules, not later than 6 (v) any other information that the Comp- troller General considers relevant with re- dorsement program or the mortgagee dele- months after the date of enactment of this gated authority under section 256 to indem- Act, to establish the tiered approval process spect to such lending. (B) REPORT.—Not later than 3 years after nify the Secretary for the loss, irrespective required under paragraph (1). The tiered ap- of whether the violation caused the mort- proval process shall establish standards de- the date of enactment of this Act, the Comp- troller General shall submit a report to Con- gage default. signed to ensure that the new business lend- ‘‘(2) FRAUD OR MISREPRESENTATION.—If ing capacity authorized under the amend- gress on the study required by subparagraph (A). fraud or misrepresentation was involved in ment made by subsection (b) is being used connection with the origination or under- only by insured credit unions that are well- writing and the Secretary determines that managed and well capitalized, as required by SA 3320. Mr. TOOMEY submitted an the mortgagee knew or should have known of the amendments made under subsection (b), amendment intended to be proposed by the fraud or misrepresentation, the Sec- and as defined by the rules issued by the him to the bill S. 3637, to temporarily retary shall require the mortgagee approved Board under this paragraph. extend the transaction account guar- by the Secretary under the direct endorse- (3) CONSIDERATIONS.—In issuing rules re- ment program or the mortgagee delegated quired under this subsection, the Board shall antee program, and for other purposes; which was ordered to lie on the table; authority under section 256 to indemnify the consider— Secretary for the loss regardless of when an (A) the experience level of the institutions, as follows: insurance claim is paid. including a demonstrated history of sound At the end, add the following: ‘‘(3) APPEALS PROCESS.—The Secretary member business lending; shall, by regulation, establish an appeals (B) the criteria under section 107A(a)(2) of SEC. ll. CONFIDENTIALITY OF INFORMATION SHARED BETWEEN STATE AND FED- process for mortgagees to appeal indem- the Federal Credit Union Act, as amended by nification determinations made pursuant to this section; and ERAL FINANCIAL SERVICES REGU- LATORS. paragraph (1) or (2). (C) such other factors as the Board deter- Section 1512(a) of the S.A.F.E. Mortgage ‘‘(4) REQUIREMENTS AND PROCEDURES.—The mines necessary or appropriate. Secretary shall issue regulations estab- (d) REPORTS TO CONGRESS ON MEMBER BUSI- Licensing Act of 2008 (12 U.S.C. 5111(a)) is lishing appropriate requirements and proce- NESS LENDING.— amended by inserting ‘‘or financial services’’ dures governing the indemnification of the (1) REPORT OF THE BOARD.— before ‘‘industry’’. Secretary by the mortgagee, including pub- (A) IN GENERAL.—Not later than 3 years lic reporting on— after the date of enactment of this Act, the SA 3321. Mr. TOOMEY submitted an ‘‘(A) the number of loans that— Board shall submit a report to Congress on ‘‘(i) were not originated or underwritten in member business lending by insured credit amendment intended to be proposed by accordance with the requirements estab- unions. him to the bill S. 3637, to temporarily lished by the Secretary; and (B) REPORT.—The report required under extend the transaction account guar- ‘‘(ii) involved fraud or misrepresentation subparagraph (A) shall include— antee program, and for other purposes; in connection with the origination or under- (i) the types and asset size of insured credit which was ordered to lie on the table; writing; and unions making member business loans and as follows: ‘‘(B) the financial impact on the Mutual the member business loan limitations appli- Mortgage Insurance Fund when indemnifica- cable to the insured credit unions; At the end, add the following: tion is required.’’. (ii) the overall amount and average size of TITLE II—FHA EMERGENCY FISCAL member business loans by each insured cred- SOLVENCY SEC. 204. EARLY PERIOD DELINQUENCIES. it union; Subsection (a) of section 202 of the Na- (iii) the ratio of member business loans by SEC. 201. SHORT TITLE. tional Housing Act (12 U.S.C. 1708(a)) is insured credit unions to total assets and net This title may be cited as the ‘‘FHA Emer- amended by adding at the end the following worth; gency Fiscal Solvency Act of 2012’’. new paragraphs:

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‘‘(8) PROGRAMMATIC REVIEW OF EARLY PE- (2) in subsection (e), by striking ‘‘, includ- 18(b)(2)) is amended by adding at the end the RIOD DELINQUENCIES.—The Secretary shall es- ing’’ and all that follows through ‘‘by the following new subparagraph: tablish and maintain a program— mortgagee’’; and ‘‘(C) For each entity that services insured ‘‘(A) to review the cause of each early pe- (3) by redesignating subsections (d) and (e) mortgages, data on the number of claims riod delinquency on a mortgage that is an as subsections (c) and (d), respectively. paid to each servicing mortgagee during obligation of the Mutual Mortgage Insurance SEC. 207. AUTHORITY TO TERMINATE FHA MORT- each calendar quarter occurring during the Fund; GAGEE ORIGINATION AND UNDER- applicable collection period.’’. ‘‘(B) to require indemnification of the Sec- WRITING APPROVAL. (b) APPLICABILITY.—Information described retary for a loss associated with any such Section 533 of the National Housing Act (12 in subparagraph (C) of section 540(b)(2) of the early period delinquency that is the result of U.S.C. 1735f–11) is amended— National Housing Act, as added by sub- a material violation, as determined by the (1) in the first sentence of subsection (b), section (a) of this section, shall first be made Secretary, of any provision, regulation, or by inserting ‘‘or areas or on a nationwide available under such section 540 for the ap- other guideline established or promulgated basis’’ after ‘‘area’’ each place such term ap- plicable collection period (as such term is de- pursuant to this title; and pears; and fined in such section) relating to the first ‘‘(C) to publicly report— (2) in subsection (c), by striking ‘‘(c)’’ and calendar quarter ending after the expiration ‘‘(i) a summary of the results of all early all that follows through ‘‘The Secretary’’ in of the 12-month period that begins on the period delinquencies reviewed under subpara- the first sentence of paragraph (2) and insert- date of the enactment of this Act. graph (A); ing the following: SEC. 211. DEPUTY ASSISTANT SECRETARY OF ‘‘(ii) any indemnifications required under ‘‘(c) TERMINATION OF MORTGAGEE ORIGINA- FHA FOR RISK MANAGEMENT AND subparagraph (B); and TION AND UNDERWRITING APPROVAL.— REGULATORY AFFAIRS. ‘‘(iii) the financial impact on the Mutual ‘‘(1) TERMINATION AUTHORITY.—If the Sec- (a) ESTABLISHMENT OF POSITION.—Sub- Mortgage Insurance Fund of any such indem- retary determines, under the comparison section (b) of section 4 of the Department of nifications. provided in subsection (b), that a mortgagee Housing and Urban Development Act (42 U.S.C. 3533(b)) is amended— ‘‘(9) DEFINITION OF EARLY PERIOD DELIN- has a rate of early defaults and claims that (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and QUENCY.—For purposes of this section, the is excessive, the Secretary may terminate term ‘early period delinquency’ means, with the approval of the mortgagee to originate (2) by adding at the end the following new respect to a mortgage, that the mortgage be- or underwrite single family mortgages for paragraph: ‘‘(2) There shall be in the Department, comes 90 or more days delinquent within 24 any area, or areas, or on a nationwide basis, within the Federal Housing Administration, months of the origination of such mort- notwithstanding section 202(c) of this Act. a Deputy Assistant Secretary for Risk Man- gage.’’. ‘‘(2) PROCEDURE.—The Secretary’’. agement and Regulatory Affairs, who shall SEC. 208. AUTHORIZATION TO PARTICIPATE IN SEC. 205. SEMIANNUAL ACTUARIAL STUDIES OF be appointed by the Secretary and shall be MMIF DURING PERIODS OF CAPITAL THE ORIGINATION OF FHA-INSURED DEPLETION. LOANS. responsible to the Federal Housing Commis- (a) IN GENERAL.—Paragraph (4) of section (a) SINGLE FAMILY MORTGAGES.—Section sioner for all matters relating to managing 202(a) of the National Housing Act (12 U.S.C. 203(b) of the National Housing Act (12 U.S.C. and mitigating risk to the mortgage insur- 1708(a)(4)) is amended— 1709(b)) is amended by striking paragraph (1) ance funds of the Department and ensuring (1) in the first sentence, by inserting ‘‘ex- and inserting the following new paragraph: the performance of mortgages insured by the cept as provided in subparagraph (B),’’ after ‘‘(1) Have been made to a mortgagee ap- Department.’’. ‘‘to be conducted annually,’’; proved by the Secretary or to a person or en- (b) TERMINATION.—Upon the appointment (2) in the second sentence, by inserting ‘‘, tity authorized by the Secretary under sec- of the initial Deputy Assistant Secretary for except as provided in subparagraph (B),’’ tion 202(d)(1) to participate in the origina- Risk Management and Regulatory Affairs after ‘‘annually’’; tion of the mortgage, and be held by a mort- pursuant to section 4(b)(2) of the Department (3) by striking the paragraph designation gagee approved by the Secretary as respon- of Housing and Urban Development Act, as and heading and all that follows through sible and able to service the mortgage prop- amended by subsection (a) of this section, ‘‘The Secretary shall provide’’ and inserting erly.’’. the position of chief risk officer within the the following: (b) HOME EQUITY CONVERSION MORTGAGES.— Federal Housing Administration, filled by appointment by the Federal Housing Com- ‘‘(4) INDEPENDENT ACTUARIAL STUDY.— Section 255(d) of the National Housing Act missioner, is abolished. ‘‘(A) ANNUAL STUDY.—The Secretary shall (12 U.S.C. 1715z–20(d)) is amended by striking provide’’; and paragraph (1) and inserting the following SEC. 212. ESTABLISHMENT OF CHIEF RISK OFFI- (4) by adding at the end the following new new paragraph: CER FOR GNMA. Section 4 of the Department of Housing subparagraph: ‘‘(1) have been originated by a mortgagee and Urban Development Act (42 U.S.C. 3533) ‘‘(B) SEMIANNUAL STUDIES DURING PERIODS approved by, or by a person or entity author- is amended by adding after subsection (g), as OF CAPITAL DEPLETION.—During any period ized under section 202(d)(1) to participate in added by section 1442 of the Dodd-Frank Wall that the Fund fails to maintain sufficient the origination by, the Secretary;’’. Street Reform and Consumer Protection Act capital to comply with the capital ratio re- SEC. 209. REPORTING OF MORTGAGEE ACTIONS (Public Law 111–203; 124 Stat. 2163), the fol- quirement under section 205(f)(2)— TAKEN AGAINST OTHER MORTGA- lowing new subsection: ‘‘(i) the independent study required by sub- GEES. ‘‘(h) There shall be in the Department a paragraph (A) shall be conducted semiannu- Section 202 of the National Housing Act (12 Chief Risk Officer for the Government Na- ally and shall analyze the financial position U.S.C. 1708), as amended by the preceding tional Mortgage Association, who shall— of the Fund as of September 30 and March 31 provisions of this title, is further amended ‘‘(1) be designated by the Secretary; of each fiscal year during such period; and by adding at the end the following new sub- ‘‘(2) be responsible to the President of the ‘‘(ii) the Secretary shall submit a report section: Association for all matters related to evalu- meeting the requirements of subparagraph ‘‘(j) NOTIFICATION OF MORTGAGEE AC- ating, managing, and mitigating risk to the (A) for each such semiannual study.’’. TIONS.—The Secretary shall require each programs of the Association; (b) ANALYSIS OF QUARTERLY ACTUARIAL mortgagee, as a condition for approval by ‘‘(3) be in the competitive service or the STUDIES.—The Secretary of Housing and the Secretary to originate or underwrite Urban Development shall conduct an anal- mortgages on single family or multifamily senior executive service; ysis of the cost and feasibility of providing housing that are insured by the Secretary, if ‘‘(4) be a career appointee; for an independent actuarial study of the such mortgagee engages in the purchase of ‘‘(5) be designated from among individuals Mutual Mortgage Insurance Fund on a cal- mortgages insured by the Secretary and who possess demonstrated ability in general endar quarterly basis, which shall compare originated by other mortgagees or in the management of, and knowledge of and exten- the cost and feasibility of conducting such a purchase of the servicing rights to such sive practical experience in risk evaluation study on a quarterly basis as compared to a mortgages, and such mortgagee at any time practices in large governmental or business semi-annual basis and shall determine takes action to terminate or discontinue entities; and whether such an actuarial study can be con- such purchases from another mortgagee ‘‘(6) shall not be required to obtain the ducted on a quarterly basis without substan- based on any determination or evidence of prior approval, comment, or review of any tial additional costs to the taxpayers. Not fraud or material misrepresentation in con- officer or agency of the United States before later than the expiration of the 90-day period nection with the origination of such mort- submitting to the Congress, or any com- beginning on the date of the enactment of gages, to notify the Secretary of the action mittee or subcommittee thereof, any reports, this Act, the Secretary shall submit a report taken and the reasons for such action not recommendations, testimony, or comments to the Congress setting forth the findings later than 15 days after taking such action.’’. if such submission include a statement indi- and conclusion of the analysis conducted SEC. 210. DEFAULT AND ORIGINATION INFORMA- cating that the views expressed therein are pursuant to this subsection. TION BY LOAN SERVICER AND ORIG- those of the Chief Risk Officer of the Asso- SEC. 206. DELEGATION OF FHA INSURING AU- INATING DIRECT ENDORSEMENT ciation and do not necessarily represent the THORITY. LENDER. views of the Secretary.’’. Section 256 of the National Housing Act (12 (a) COLLECTION OF INFORMATION.—Para- SEC. 213. REPORT ON MORTGAGE SERVICERS. U.S.C. 1715z–21) is amended— graph (2) of section 540(b) of the National (a) EXAMINATION.—The Secretary of Hous- (1) by striking subsection (c); Housing Act (12 U.S.C. 1712 U.S.C. 1735f– ing and Urban Development shall conduct an

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(a) EXAMINATION.—The Secretary of Hous- the FHA mortgage insurance programs under (E) The balances for the financing and cap- ing and Urban Development shall conduct an the National Housing Act (12 U.S.C. 1701 et ital reserve accounts of the Fund. examination of the mortgage insurance and seq.), and an estimate of the annual costs to (F) Any actions taken during such month any other programs of the Federal Housing the Mutual Mortgage Insurance Fund, since to help ensure the financial soundness of the Administration to identify— 2008, resulting from any failures by mortgage Fund and compliance with section 205(f) of (1) the level of use and need for such pro- servicers to comply with such guidelines. the National Housing Act (12 U.S.C. 1711(f); grams; (b) REPORT.—Not later than the expiration relating to a capital ratio requirement). (2) any such programs that are unused or of the 120-day period that begins upon the (3) TERMINATION OF REPORTING REQUIRE- underused; and date of the enactment of this Act, the Sec- MENT.—The requirement to submit reports (3) methods for streamlining, consoli- retary shall submit a report to the Congress under paragraph (1) shall terminate on the dating, simplifying, increasing the efficiency on the results of the examination conducted first date after the date of the enactment of of, and reducing the number of such pro- pursuant to subsection (a), including rec- this Act that the Fund attains a capital grams. ommendations for any administrative and ratio (as such term is defined in section (b) REPORT.—Not later than the expiration of the 12-month period that begins upon the legislative actions to improve mortgage 205(f)(3) of the National Housing Act) of 2.0 date of the enactment of this Act, the Sec- servicer compliance with the guidelines re- percent. retary shall submit a report to the Congress ferred to in subsection (a). SEC. 215. FHA SAFETY AND SOUNDNESS REVIEW. on the results of the examination conducted SEC. 214. FHA EMERGENCY CAPITAL PLAN. (a) REVIEW.—The Comptroller General of pursuant to subsection (a), including rec- (a) ESTABLISHMENT.—Not later than the ex- the United States shall provide for an inde- ommendations for any administrative and piration of the 30-day period beginning on pendent third party to— legislative actions to streamline, consoli- the date of the enactment of this Act, the (1) conduct a one-time review of the mort- date, simplify, increase the efficiency of, and Secretary of Housing and Urban Develop- gage insurance programs and funds of the reduce the number of such programs. ment shall develop, submit to the Congress, Secretary of Housing and Urban Develop- SEC. 218. BUDGET COMPLIANCE. and commence implementation of an emer- ment that shall determine, as of the time of The Secretary of Housing and Urban Devel- gency capital plan for the restoration of the such review— opment shall allocate $2,500,000 from the ac- fiscal solvency of the Mutual Mortgage In- (A) the financial safety and soundness of count for Administrative Contract Expenses surance Fund (in this section referred to as such programs and funds; and each fiscal year through September 30, 2017, the ‘‘Fund’’). (B) the extent of loan loss reserves and which amounts shall be available only for (b) CONTENTS.—The emergency capital plan capital adequacy of such programs and the purposes of this title and the amend- developed pursuant to this section shall— funds; and ments made by this title, including such ad- (1) provide a detailed explanation of the (2) to submit a report under subsection (b). ditional actuarial reviews as may be re- processes and controls by which amounts of Such review shall be conducted in accord- quired by section 205 of this title and the capital that are assets of the Fund are mon- ance with generally accepted accounting amendments made by such section. itored and tracked; principles applicable to the private sector (2) establish a plan to ensure the financial and Federal entities. SA 3322. Mr. CORKER submitted an (b) REPORT.—The report under this sub- safety and soundness of the Fund that avoids amendment intended to be proposed by section shall describe the methodology and the need for borrowing amounts from the him to the bill S. 3637, to temporarily standards used to conduct the review under Treasury of the United States to meet obli- subsection (a)(1), set forth the results and extend the transaction account guar- gations of the Fund; and findings of the review, including the extent antee program, and for other purposes; (3) describe the procedure by which, if nec- of loan loss reserves and capital adequacy of which was ordered to lie on the table; essary, any amounts from the Treasury the mortgage insurance programs and funds as follows: needed to meet obligations of the Fund will of the Secretary of Housing and Urban De- At the end, add the following: be obtained from the Treasury. velopment, and include recommendations re- SEC. 3. FHA STABILIZATION AND REFORM. (c) MONTHLY REPORTS.— garding restoring such reserves and capital (a) ESTABLISHING MINIMUM FICO SCORE RE- (1) REPORTS.—Subject to paragraph (3), to maintain such programs and funds in a QUIREMENT.—Section 203(b) of the National upon the conclusion of each calendar month safe and sound condition. Housing Act (12 U.S.C. 1709(b)) is amended by ending after the 14-day period that begins on (c) TIMING.—The review required under inserting after paragraph (7) the following: the date of the enactment of this Act, the subsection (a) shall be completed, and the re- ‘‘(8) Have been made to a mortgagor having Secretary of Housing and Urban Develop- port required under subsection (b) shall be a FICO score of not less than 620.’’. ment shall submit to the Congress a report submitted, not later than the expiration of (b) REDUCING LOAN LIMIT.—Section assessing the financial status of the Fund at the 60-day period beginning on the date of 203(b)(2)(A) of the National Housing Act (12 the conclusion of such month and setting the enactment of this Act. U.S.C. 1709(b)(2)(A)) is amended— forth the information described in paragraph (d) RULE OF CONSTRUCTION.—Nothing in (1) in clause (i), by striking ‘‘or’’ at the (2). this section may be construed to alter or af- end; (2) CONTENTS.—Each report required under fect, or exempt the Secretary of Housing and (2) in clause (ii), by adding ‘‘or’’ at the end; paragraph (1) for a month shall contain the Urban Development from complying with, and following information regarding the Fund as any laws, regulations, or guidance relating (3) by inserting before the undesignated of the conclusion of such month: to preparation or submission of budgets or matter following clause (ii) the following: (A) The number of mortgages that are obli- audits or financial or management state- ‘‘(iii) $625,000;’’. gations of the Fund that are 60 or more days ments or reports. (c) HECM MORATORIUM.—During the 24- delinquent, the expected losses to the Fund SEC. 216. FHA DISCLOSURE STANDARDS. month period beginning on the date of enact- associated with such delinquent mortgages, Not later than the expiration of the 90-day ment of this Act, the Secretary of Housing and the methodology used to make such cal- period beginning on the date of the enact- and Urban Development may not enter into culation. ment of this Act, the Secretary of Housing an agreement to insure a home equity con- (B) The number of mortgages that are obli- and Urban Development shall review and re- version mortgage under section 255 of the gations of the Fund that have a loan-to- vise all standards and requirements relating National Housing Act (12 U.S.C. 1715z–20). value ratio at the time of origination that is to disclosure of information regarding the (d) LIMITATION ON LOANS TO BORROWERS less than 80 percent and the percentage of all mortgage insurance programs and funds, in- WITH FORECLOSURES.—Section 203(b)(9)(A) of mortgages that are obligations of the Fund cluding actuarial studies conducted under the National Housing Act (12 U.S.C. having such a ratio. section 202(a)(4) of the National Housing Act 1709(b)(9)(A)) is amended— (C) The number of mortgages that are obli- (12 U.S.C. 1708(a)(4)), quarterly reports under (1) by striking the period at the end and in- gations of the Fund that had an original section 202(a)(5) of such Act, and annual au- serting ‘‘; or’’; principal obligation exceeding 125 percent of dited financial statements under section 538 (2) by striking ‘‘amount equal to not less’’ the median house price, for a home of the of such Act (12 U.S.C. 1735f–16), to ensure and inserting the following: ‘‘amount equal size of the residence subject to the mortgage, that, after the date of the enactment of this to— for the area in which such residence is lo- Act, such disclosures— ‘‘(A) not less’’; and cated, and the percentage of all mortgages (1) provide meaningful financial and other (3) by adding at the end the following: that are obligations of the Fund having such information that is timely, comprehensive, ‘‘(B) in the case of a mortgagor who was an original principal obligation. and accurate; the mortgagor under a mortgage that was (D) The number of mortgages that are obli- (2) do not contain any material foreclosed upon during the 7-year period end- gations of the Fund for which the mortga- misstatements or misrepresentations; ing on the date on which the mortgagor ap- gor’s income at the time of origination of (3) make available all relevant informa- plies for the mortgage insured under this the mortgage is greater than the median in- tion; and section, not less than 20 percent of the ap- come for the area in which the residence sub- (4) prohibit material omissions that make praised value of the property or such larger ject to the mortgage is located, and the per- the contents of the disclosure misleading. amount as the Secretary may determine.’’.

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.020 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7750 CONGRESSIONAL RECORD — SENATE December 11, 2012 SA 3323. Mr. CORKER submitted an tion to the assessments that would otherwise (2) by striking the second sentence. amendment intended to be proposed by be collected by the Corporation with respect him to the bill S. 3637, to temporarily to such year for insured depository institu- SA 3326. Mr. LIEBERMAN (for him- extend the transaction account guar- tions (as defined in section 3(c)(2) of that Act self and Ms. COLLINS) proposed an (12 U.S.C. 1813(c)(2))) pursuant to section 7(b) antee program, and for other purposes; amendment to the bill S. 3564, to ex- of that Act (12 U.S.C. 1817(b)). tend the Public Interest Declassifica- which was ordered to lie on the table; (d) DEPOSIT INSURANCE VOLUNTARY PAR- tion Act of 2000 until 2018 and for other as follows: TICIPATION.—Effective on January 1, 2013, On page 2, strike line 14 and all that fol- section 11(a)(1)(B) of the Federal Deposit In- purposes; as follows: lows through page 3, line 6 and insert the fol- surance Act (12 U.S.C. 1821(a)(1)(B)) is Strike all after the enacting clause and in- lowing: amended— sert the following: (c) RECOVERY OF LIABILITY INCREASE.—The (1) in clause (ii), by striking ‘‘an insured SECTION 1. SHORT TITLE. Federal Deposit Insurance Corporation (in depository institution’’ and inserting ‘‘a par- This Act may be cited as the ‘‘Public Inter- this section referred to as the ‘‘Corpora- ticipating insured depository institution’’; est Declassification Board Reauthorization tion’’) shall fully and properly reserve, in and Act of 2012’’. each calendar year, for the increased pro- (2) by adding at the end the following: spective liability of the Deposit Insurance SEC. 2. PUBLIC INTEREST DECLASSIFICATION ‘‘(iv) PARTICIPATING INSURED DEPOSITORY BOARD. Fund established under section 11(a)(4) of the INSTITUTION DEFINED.—For purposes of this (a) SUBSEQUENT APPOINTMENT.—Section Federal Deposit Insurance Act (12 U.S.C. subparagraph, the term ‘participating in- 703(c)(2)(D) of the Public Interest Declas- 1821(a)(4)) that occurs as a result of section sured depository institution’ means an in- 11(a)(1)(B)(ii) of that Act, by— sification Act of 2000 (Public Law 106–567; 50 sured depository institution that elects, in a U.S.C. 435 note) is amended by striking the (1) estimating the amount of deposits of in- manner and during a time period for such sured depository institutions that are in- period at the end and inserting ‘‘from the election specified by the Corporation, to date of the appointment.’’. sured as a result of section 11(a)(1)(B)(ii) of have all of its noninterest-bearing trans- that Act; and (b) VACANCY.—Section 703(c)(3) of the Pub- action accounts fully insured by the Cor- lic Interest Declassification Act of 2000 (Pub- (2) collecting, at the same time as and in poration.’’. addition to the assessments that would oth- lic Law 106–567; 50 U.S.C. 435 note) is amend- On page 4, strike lines 13 through 20 and in- ed by striking ‘‘A member of the Board ap- erwise be collected by the Corporation with sert the following: respect to such year for insured depository pointed to fill a vacancy before the expira- (2) collecting from each participating in- tion of a term shall serve for the remainder institutions (as defined in section 3(c)(2) of sured credit union an amount equal to such that Act (12 U.S.C. 1813(c)(2))) pursuant to of the term.’’. estimated losses by September 30 of such cal- (c) EXTENSION OF SUNSET.—Section 710(b) section 7(b) of that Act (12 U.S.C. 1817(b)), an endar year, which shall be in addition to the amount that bears the same proportion to of the Public Interest Declassification Act of assessments that would otherwise be col- 2000 (Public Law 106–567; 50 U.S.C. 435 note) is the assessments that would otherwise be col- lected by the Administration with respect to lected as the amount of deposits estimated amended by striking ‘‘2012.’’ inserting such year for insured credit unions (as de- ‘‘2014.’’. pursuant to subparagraph (1) bears to the fined in section 101 of that Act (12 U.S.C. total amount of insured deposits of insured 1752)) pursuant to section 202 of that Act (12 SA 3327. Mr. LIEBERMAN (for him- depository institutions, less that estimated U.S.C. 1782). self and Ms. COLLINS) proposed an amount as of the end of the most recent pre- (d) CREDIT UNION INSURANCE VOLUNTARY ceding calendar quarter. PARTICIPATION.—Effective on January 1, 2013, amendment to the bill S. 3564, to ex- On page 4, strike lines 13 through 20 and in- section 207(k)(1)(A) of the Federal Credit tend the Public Interest Declassifica- sert the following: Union Act (12 U.S.C. 1787(k)(1)(A)) is amend- tion Act of 2000 until 2018 and for other (c) RECOVERY OF LIABILITY INCREASE.—The ed— purposes; as follows: National Credit Union Administration (in (1) in clause (ii), by striking ‘‘an insured this section referred to as the ‘‘Administra- Amend the title so as to read: ‘‘To extend credit union’’ and inserting ‘‘a participating tion’’) shall fully and properly reserve, in the Public Interest Declassification Act of insured credit union’’; and each calendar year, for the increased pro- 2000 until 2014 and for other purposes.’’. (2) by adding at the end the following: spective liability of the National Credit ‘‘(iv) PARTICIPATING INSURED CREDIT UNION Union Share Insurance Fund established SA 3328. Mrs. GILLIBRAND (for her- DEFINED.—For purposes of this subparagraph, under section 203(a) of the Federal Credit self, Mr. ROCKEFELLER, and Mr. the term ‘participating insured credit union’ Union Act (12 U.S.C. 1783(a)) that occurs as a means an insured credit union that elects, in TOOMEY) proposed an amendment to result of section 207(k)(1) of that Act (12 a manner and during a time period for such the bill H.R. 6328, to amend title 49, U.S.C. 1787(k)(1)), by— election specified by the Administration, to United States Code, to direct the As- (1) estimating the amount of deposits of in- have all of its noninterest-bearing trans- sistant Secretary of Homeland Secu- sured credit unions that are insured as a re- action accounts fully insured by the Admin- rity (Transportation Security Adminis- sult of section 207(k)(1)(B) of that Act; and istration.’’. (2) collecting, at the same time as and in tration) to transfer unclaimed clothing recovered at airport security check- addition to the assessments that would oth- Mr. WICKER submitted an erwise be collected by the Administration SA 3325. points to local veterans organizations with respect to such year for insured credit amendment intended to be proposed by and other local charitable organiza- unions (as defined in section 101 of that Act him to the bill S. 3637, to temporarily tions, and for other purposes; as fol- (12 U.S.C. 1752)) pursuant to section 202 of extend the transaction account guar- lows: that Act (12 U.S.C. 1782), an amount that antee program, and for other purposes; On page 2, line 20, after ‘‘clothing to’’ in- bears the same proportion to the assess- which was ordered to lie on the table; sert ‘‘the local airport authority or other ments that would otherwise be collected as as follows: local authorities for donation to charity, in- the amount of deposits estimated pursuant On page 2, line 1, strike ‘‘December 31’’ and cluding’’. to subparagraph (1) bears to the total insert ‘‘September 30’’. amount of insured deposits of insured credit On page 3, line 13, strike ‘‘December 31’’ f unions, less that estimated amount as of the and insert ‘‘September 30’’. end of the most recent preceding calendar At the end, add the following: AUTHORITY FOR COMMITTEES TO quarter. SEC. ll. LIMITS ON GUARANTEE AMOUNTS. MEET (a) DEPOSIT INSURANCE.—Section SA 3324. Mr. CORKER submitted an COMMITTEE ON BANKING, HOUSING, AND URBAN 11(a)(1)(B)(ii) of the Federal Deposit Insur- amendment intended to be proposed by AFFAIRS ance Act (12 U.S.C. 1821(a)(1)(B)(ii)) is amend- him to the bill S. 3637, to temporarily Mr. LEVIN. Mr. President, I ask extend the transaction account guar- ed— (1) by striking ‘‘shall fully insure the net unanimous consent that the Com- antee program, and for other purposes; amount that any’’ and inserting ‘‘shall in- mittee on Banking, Housing, and which was ordered to lie on the table; sure not more than $1,000,000 of the amount Urban Affairs be authorized to meet as follows: that any single’’; and during the session of the Senate on On page 2, strike line 24 and all that fol- (2) by striking the second sentence. Tuesday, December 11, 2012, at 10:30 lows through page 4, line 20 and insert the (b) CREDIT UNION INSURANCE.—Section a.m., to conduct a hearing entitled following: 207(k)(1)(A)(ii) of the Federal Credit Union ‘‘Streamlining and Strengthening (2) collecting from participating insured Act (12 U.S.C. 1787(k)(1)(A)(ii)) is amended— depository institutions (as defined in section (1) by striking ‘‘shall fully insure the net HUD’s Rental Housing Assistance Pro- 11(a)(1)(B)(iv) of that Act) an amount equal amount that any’’ and inserting ‘‘shall in- grams, Part II.’’ to such estimated losses by September 30 of sure not more than $1,000,000 of the amount The PRESIDING OFFICER. Without such calendar year, which shall be in addi- that any single’’; and objection, it is so ordered.

VerDate Mar 15 2010 01:33 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.021 S11DEPT1 smartinez on DSK6TPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — SENATE S7751 COMMITTEE ON FINANCE supported the bill we passed, I believe legislation. Consumers are in the best Mr. LEVIN. Mr. President, I ask we must proceed with caution. position to make the financial deci- unanimous consent that the Com- All of my friends speaking on this sions that are best for them, but to do mittee on Finance be authorized to issue today, myself included, believe so, they must have the relevant infor- meet during the session of the Senate that this legislation was only intended mation at the appropriate time. I am on December 11, 2012, at 10 a.m., in to remove duplicative disclosures and pleased that so many of my colleagues room SD–215 of the Dirksen Senate Of- not to lessen the important informa- have come together to support this leg- fice Building. tion consumers rely on when making islative effort—one that remedies a The PRESIDING OFFICER. Without an ATM transactions. We are con- problem affecting so many of our com- objection, it is so ordered. cerned that one of the unintended con- munity banks and credit unions, but SELECT COMMITTEE ON INTELLIGENCE sequences of this legislation is that that retains protections for American Mr. LEVIN. Mr. President, I ask consumers will lose access to informa- consumers. unanimous consent that the Select tion about the fees that they might Mr. REID. Mr. President, I ask unan- Committee on Intelligence be author- face at an ATM, including, for example, imous consent that the bills be read ized to meet during the session of the fees for simple transactions like a bal- three times and passed en bloc, the mo- Senate on December 11, 2012, at 2:30 ance inquiry and additional fees im- tions to reconsider be laid upon the p.m. posed by their own institution. table en bloc, with no intervening ac- The PRESIDING OFFICER. Without I would like to ask Senator JOHNSON, tion or debate, and any related state- objection, it is so ordered. the distinguished chairman of the ments to these matters be printed in Banking Committee, for his input on the RECORD. f this point as well. The PRESIDING OFFICER. Without AMENDING THE FEDERAL Mr. JOHNSON of South Dakota. I objection, it is so ordered. DEPOSIT INSURANCE ACT thank Senators UDALL and HARKIN. The bills (H.R. 4014 and H.R. 4367) The Senator has raised an important were ordered to a third reading, were point about this legislation. The intent read the third time, and passed. AMENDING THE ELECTRONIC of this legislation is not to lessen the f FUND TRANSFER ACT amount of information that a con- sumer receives prior to conducting a BRIDGEPORT INDIAN COLONY Mr. REID. Mr. President, I ask unan- transaction at an ATM. As the Senator LAND TRUST, HEALTH, AND ECO- imous consent that the Senate proceed has laid out, it is important that con- NOMIC DEVELOPMENT ACT OF to the consideration of the following sumers be fully informed of the types 2012 bills en bloc: Calendar No. 344, H.R. of fees that they may face at the time Mr. REID. Mr. President, I ask unan- 4014; and H.R. 4367, which was received of the transaction. The point was to imous consent that the Senate proceed from the House and is at the desk. modernize the information that con- to the consideration of Calendar No. There being no objection, the Senate sumers get, taking into account tech- 534, H.R. 2467. proceeded to consider the bills en bloc. nological changes. But this bill is only The PRESIDING OFFICER. The ATM FEE DISCLOSURE one step toward modernization. The clerk will report the bill by title. Mr. HARKIN. Mr. President, in the CFPB may wish to look at other steps The assistant legislative clerk read last few years, a number of colleagues to ensure that consumers are fully in- as follows: and I have grown increasingly worried formed about the fees they may incur, A bill (H.R. 2467) to take certain Federal about the fees that consumers face whether that be through improved lands in Mono County, California, into trust when using an automated teller ma- onscreen ATM disclosures, better dis- for the benefit of the Bridgeport Indian Col- chine, ATM. According to closures at point of sale, or other ony. Bankrate.com 2010 Checking Survey, methods. There being no objection, the Senate the average surcharge a consumer pays I understand that the Consumer Fi- proceeded to consider the bill. to use an ATM has increased to $2.33. nancial Protection Bureau is already Mr. REID. Mr. President, I ask unan- Over 99 percent of ATM operators taking a look at this issue as part of an imous consent that the bill be read a charge this fee. Some ATM operators existing rulemaking to streamline in- third time and passed, the motion to also charge balance inquiry fees. herited regulations, and I agree that it reconsider be considered made and laid In addition, consumers are also in- is important for them to keep this fact upon the table, there be no intervening creasingly likely to face a fee from in mind as they move forward on this action or debate, and any statements their own financial institution for rulemaking. relating to this measure be printed in using an ATM not owned by their insti- Mr. MERKLEY: I thank Chairman the RECORD. tution. According to the same JOHNSON. The PRESIDING OFFICER. Without Bankrate study, 75 percent of checking Yes, I would like to reiterate that objection, it is so ordered. accounts charge this fee, which is now the intent of this bill is to streamline The bill (H.R. 2467) was ordered to a up to $1.41 on average. Therefore, fre- duplicative disclosures and not make third reading, was read the third time, quently, consumers may face fees of al- consumers less aware of potential fees and passed. most $4.00 for accessing their own cash. that they face. Like you, I encourage f Consumers who use prepaid cards are the Bureau to use their upcoming rule- PUBLIC INTEREST especially likely to pay a variety of making to ensure that this is not the DECLASSIFICATION ACT OF 2012 fees for using an ATM. They can face case. I now turn to my friend from ATM withdrawal fees, balance inquiry Minnesota. Mr. REID. Mr. President, I ask unan- fees, and denied transaction fees. They Mr. FRANKEN. I thank Senator imous consent the Homeland Security may get no notice at the ATM of fees MERKLEY. and Governmental Affairs Committee charged by the prepaid card. I would like to echo the concerns of be discharged from further consider- Mr. UDALL of New Mexico. I thank my friends and colleagues, Senators ation of S. 3564 and the Senate proceed the Senator. HARKIN, UDALL, MERKLEY, and Chair- to its consideration. I too am concerned by the rising con- man JOHNSON. This legislation is in- The PRESIDING OFFICER. Without sumer ATM costs. As you know, the tended to provide relief from a physical objection, it is so ordered. Senate recently passed legislation that signage requirement that is subject to The clerk will report the bill by title. does away with the requirement that abuse, not reduce the disclosure avail- The assistant legislative clerk read ATMs post a physical sign notifying able to consumers using ATM ma- as follows: consumers that they may be charged chines. I encourage the CFPB to issue A bill (S. 3564) to extend the Public Inter- multiple fees for a transaction. In regulations that clarify that con- est Declassification Act of 2000 until 2018, many ways this requirement was out- sumers should have, at a minimum, the and for other purposes. dated and it put our local institutions same access to timely information as There being no objection, the Senate at risk for frivolous lawsuits. While I they had prior to the passage of this proceeded to consider the bill.

VerDate Mar 15 2010 02:42 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.022 S11DEPT1 smartinez on DSK6TPTVN1PROD with S7752 CONGRESSIONAL RECORD — SENATE December 11, 2012 Mr. REID. Mr. President, I ask unan- sider be considered made and laid upon ORDER FOR STAR PRINTING imous consent that the Lieberman sub- the table, with no intervening action Mr. REID. Mr. President, I ask unan- stitute amendment which is at the or debate, and any statements relating imous consent that the report to ac- desk be agreed to, the bill, as amended, to the measure be printed in the company Calendar No. 514, (S. 76), be be read three times and passed, the RECORD as if read. star-printed with changes at the desk. Lieberman title amendment which is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without at the desk be agreed to, and the mo- objection, it is so ordered. objection, it is so ordered. tions to reconsider be laid upon the The bill (H.R. 3319) was ordered to a table, with no intervening action or de- third reading, was read the third time, f bate, and any related statements be and passed. printed in the RECORD. f ORDERS FOR WEDNESDAY, The PRESIDING OFFICER. Without CLOTHE A HOMELESS HERO ACT DECEMBER 12, 2012 objection, it is so ordered. Mr. REID. Mr. President, I ask unan- The amendment (No. 3326) was agreed Mr. REID. Mr. President, I ask unan- imous consent that the Senate proceed imous consent that when the Senate to, as follows: completes its business today, it ad- (Purpose: In the nature of a substitute) to the consideration of H.R. 6328 which was received from the House and is at journ until 9:30 a.m. on Wednesday, De- Strike all after the enacting clause and in- cember 12, 2012; that following the sert the following: the desk. The PRESIDING OFFICER. The prayer and pledge, the Journal of pro- SECTION 1. SHORT TITLE. ceedings be approved to date, the This Act may be cited as the ‘‘Public Inter- clerk will report the bill by title. The assistant legislative clerk read morning hour be deemed expired, and est Declassification Board Reauthorization the time for the two leaders be re- Act of 2012’’. as follows: served for their use later in the day; SEC. 2. PUBLIC INTEREST DECLASSIFICATION A bill (H.R. 6328) to amend title 49 United BOARD. States Code, to direct the Assistant Sec- that following any leader remarks, the (a) SUBSEQUENT APPOINTMENT.—Section retary of Homeland Security (Transpor- Senate will be in a period of morning 703(c)(2)(D) of the Public Interest Declas- tation Security Administration) to transfer business until 2 p.m., with Senators sification Act of 2000 (Public Law 106–567; 50 unclaimed clothing recovered at airport se- permitted to speak therein for up to 10 U.S.C. 435 note) is amended by striking the curity checkpoints to local veterans organi- minutes each, with the first hour period at the end and inserting ‘‘from the zations and other local charitable organiza- equally divided and controlled between date of the appointment.’’. tions, and for other purposes. the two leaders or their designees, with (b) VACANCY.—Section 703(c)(3) of the Pub- There being no objection, the Senate the Republicans controlling the first lic Interest Declassification Act of 2000 (Pub- proceeded to consider the bill. lic Law 106–567; 50 U.S.C. 435 note) is amend- half and the majority controlling the ed by striking ‘‘A member of the Board ap- Mr. REID. Mr. President, I ask unan- final half; and that the previous order pointed to fill a vacancy before the expira- imous consent that a Gillibrand with respect to the remarks of retiring tion of a term shall serve for the remainder amendment which is at the desk be Senators be amended to occur from of the term.’’. agreed to, the bill, as amended, be read 11:30 a.m. until 2 p.m; and that fol- (c) EXTENSION OF SUNSET.—Section 710(b) a third time and passed, the motions to lowing morning business, the Senate of the Public Interest Declassification Act of reconsider be considered made and laid resume consideration of S. 3637, the 2000 (Public Law 106–567; 50 U.S.C. 435 note) is upon the table, with no intervening ac- TAG extension legislation. amended by striking ‘‘2012.’’ inserting tion or debate, and any statements re- ‘‘2014.’’. The PRESIDING OFFICER. Without lated to the bill be printed in the objection, it is so ordered. The amendment (No. 3327) was agreed RECORD as if read. to, as follows: The PRESIDING OFFICER. Without f (Purpose: To amend the title) objection, it is so ordered. Amend the title so as to read: ‘‘To extend The amendment (No. 3328) was agreed PROGRAM the Public Interest Declassification Act of to, as follows: Mr. REID. During today’s session, 2000 until 2014 and for other purposes.’’. (Purpose: To clarify that the clothing should cloture was filed on S. 3637. As a result, The bill was ordered to be engrossed be transferred to the local airport author- the filing deadline for all first-degree for a third reading and was read the ity or other local authorities for donation amendments to the bill is 1 p.m. third time. to charity, including local veterans organi- zations or other local charitable organiza- Wednesday. Under the rule, that clo- The bill (S. 3564), as amended, was ture vote will be Thursday morning. passed. tions for distribution to homeless or needy veterans and veteran families) f f On page 2, line 20, after ‘‘clothing to’’ in- PASCUA YAQUI TRIBE sert ‘‘the local airport authority or other ADJOURNMENT UNTIL 9:30 A.M. MEMBERSHIP local authorities for donation to charity, in- cluding’’. TOMORROW Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, if there is imous consent that the Committee on The amendment was ordered to be no further business to come before the Indian Affairs be discharged from fur- engrossed and the bill to be read a Senate, I ask unanimous consent that ther consideration of H.R. 3319 and the third time. it adjourn under the previous order. Senate proceed to its immediate con- The bill (H.R. 6328) was read the third There being no objection, the Senate, sideration. time and passed, as follows: at 6:18 p.m., adjourned until Wednes- The PRESIDING OFFICER. Without Resolved, That the bill from the House of day, December 12, 2012, at 9:30 a.m. objection, it is so ordered. Representatives (H.R. 6328) entitled ‘‘An Act to amend title 49, United States Code, to di- The clerk will report the bill by title. rect the Assistant Secretary of Homeland f The assistant legislative clerk read Security (Transportation Security Adminis- as follows: tration) to transfer unclaimed clothing re- CONFIRMATIONS covered at airport security checkpoints to A bill (H.R. 3319) to allow the Pascua Yaqui Executive nominations confirmed by Tribe to determine the requirements for local veterans organizations and other local membership in that tribe. charitable organizations, and for other pur- the Senate Tuesday, December 11, 2012: There being no objection, the Senate poses.’’, do pass with the following amend- THE JUDICIARY ment: proceeded to consider the bill. JOHN E. DOWDELL, OF OKLAHOMA, TO BE UNITED On page 2, line 20, after ‘‘clothing to’’ in- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT Mr. REID. Mr. President, I ask unan- sert ‘‘the local airport authority or other OF OKLAHOMA. imous consent the bill be read a third JESUS G. BERNAL, OF CALIFORNIA, TO BE UNITED local authorities for donation to charity, in- STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT time and passed, the motion to recon- cluding’’. OF CALIFORNIA.

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PERSONAL EXPLANATION HONORING MR. DON GLASER Bureau of Reclamation make him a role model and source of pride for all Americans. HON. PETER J. VISCLOSKY HON. JIM COSTA f OF INDIANA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO MICHAEL BOWLDS Tuesday, December 11, 2012 Tuesday, December 11, 2012 Mr. VISCLOSKY. Mr. Speaker, on Decem- Mr. COSTA. Mr. Speaker, I rise today to HON. CHRIS VAN HOLLEN ber 5, 2012, I was absent from the House and recognize Mr. Don Glaser for his service as OF MARYLAND missed rollcall votes 617, 618, and 619. the U.S. Bureau of Reclamation’s Mid-Pacific IN THE HOUSE OF REPRESENTATIVES Had I been present for rollcall vote 617, on Regional Director. Over the years he has Tuesday, December 11, 2012 the motion to suspend the Rules and agree to practiced careful and productive stewardship S. Con. Res. 50, expressing the sense of over our nation’s water and power resources. Mr. VAN HOLLEN. Mr. Speaker, I rise to Congress regarding actions to preserve and His reverence for our natural resources and recognize and celebrate the life of Michael advance the multistakeholder governance his commitment to public service have made Bowlds, my constituent and a man of unique model under which the Internet has thrived, I him an exceptional public servant. This Janu- vision. Michael passed away last month after would have voted ‘‘yes.’’ ary, Mr. Glaser will continue his efforts in Den- a courageous battle with cancer. Even until his Had I been present for rollcall vote 618, on ver, Colorado, where he will work on several final days, Michael worked tirelessly to make the motion to suspend the Rules and pass high priority projects for the Bureau of Rec- a difference in the lives of others. H.R. 6602, to make revisions in title 36, United lamation. Michael was an award-winning sales, busi- States Code, as necessary to keep the title Mr. Glaser has over twenty years of experi- ness development, and marketing profes- current and make technical corrections and ence with the Bureau of Reclamation, where sional. A highly regarded government con- improvements, I would have voted ‘‘yes.’’ he has held a number of positions throughout tracting expert, he established Mountaintop Had I been present for rollcall vote 619, on the West and Washington, D.C. He was re- Marketing Group, one of the top government the motion to suspend the Rules and pass S. cently honored with the Department of Inte- marketing firms in the country. 2367, to strike the word ‘‘lunatic’’ from Federal rior’s highest recognition, the Distinguished Michael’s accomplishments as a business law, and for other purposes, I would have Service Award. He has been active in non- leader were widely recognized. He was named voted ‘‘yes.’’ profits engaged in water education, open the 2009 ‘‘Advocate of the Year’’ by the U.S. f space preservation, and fish and wildlife con- Department of Commerce’s Minority Business servation and restoration. As Regional Direc- Development Agency and commended for his CONGRATULATING THE THOMP- tor, Mr. Glaser oversaw the management of leadership, guidance and support in assisting SONS ON THEIR 50TH WEDDING Reclamation’s water projects in an area that small and minority-owned firms with securing ANNIVERSARY encompasses the northern two-thirds of Cali- over $200 million in government contracts in fornia, most of western Nevada, and part of that year alone. Nationally recognized as a HON. KENNY MARCHANT southern Oregon. His breadth of experience leading Minority Business Champion, Michael OF TEXAS has certainly been an asset to the Mid-Pacific and Mountaintop Marketing Group hosted the Annual Minority Business Awards Gala in con- IN THE HOUSE OF REPRESENTATIVES region. The Central Valley Project (CVP) is perhaps junction with Congressional Black Caucus Tuesday, December 11, 2012 one of the most complicated and intricate fed- Foundation. He was a recipient of the pres- Mr. MARCHANT. Mr. Speaker, I rise today eral water projects in the United States. Man- tigious ‘‘Yeti Zanders Outstanding Advocate of to congratulate Paula and Homer Thompson aging the CVP requires delicately balancing the Year’’ Award presented by the National on the fiftieth anniversary of their wedding. the often conflicting needs of farmers, ranch- Capital Area Minority Business Opportunities Paula and Homer were married on Decem- ers, cities, fish, wildlife, tribal communities, Center, selected as one of the ‘‘2010 Top 25 ber 7, 1962, in the home of Paula’s parents in and recreational users. As the principal super- CEOs’’ by the Gazette of Business and Poli- Mineral Wells, Texas. Since that day, they visor of projects like the CVP, Mr. Glaser con- tics, and named one of the ‘‘50 Powerful Men have lived in Carrollton, Texas. During their sistently brought the skills necessary to trou- In Business’’ by the Minority Enterprise Execu- life together, they raised three children—Tra- bleshoot problems. His expertise and ability to tive Council. cey Hutcherson, born on May 11, 1965; Scott foster relationships helped to address the Michael served as Board Chairman for the Thompson, born on February 27, 1972; and competing needs of all water users, making National Capital Area Minority Business Op- Marc Thompson, born on January 30, 1975. him a responsible guardian of one of our most portunities Center Advisory Board and on the They are also the proud grandparents of Joni, precious resources—water. Board of Directors of the Montgomery County Micah, Jorden, and Emma. Mr. Glaser’s job called for the ability to ad- Chamber of Commerce, and was a founding Since 1974, Paula and Homer have been dress and resolve conflicts, and to understand member and financial underwriter of the Mont- active members of the First Baptist Church in the nuances and sensitivities of the water re- gomery County Chamber’s Government Con- Carrollton. They have taught Sunday school, sources industry. He has demonstrated a tracting Network. He also served on the Board attended adult Sunday school, and sung in strong grasp of program planning, analysis, of Directors for the National Women’s Busi- both the Sanctuary Choir and Live Wire Choir. policy formulation, and implementation, which ness Center. The celebration of their fiftieth wedding anni- enabled him to represent the Department on An active member of his community, Mi- versary will be held at the church on Decem- many difficult issues. Mr. Glaser’s capacity to chael was deeply involved in mentoring small ber 15. balance local implications and ‘‘the big pic- businesses through the Montgomery County Mr. Speaker, on behalf of the 24th Congres- ture’’ allows him to successfully create innova- Small Business Mentorship Program. He also sional District of Texas, I ask all my distin- tive solutions to seemingly impossible con- was a founding member and instructor of the guished colleagues to join me in congratu- flicts. Montgomery Chamber of Commerce’s Veteran lating Paula and Homer Thompson on the fif- Mr. Speaker, I ask my colleagues to join me Institute for Procurement. tieth anniversary of their wedding. This land- in recognizing Don Glaser for his tireless dedi- I send my condolences to his wife Courtney, mark in their lives stands as an example of cation to being a conscientious keeper of his three children and his many friends and the timeless value and endurance of mutual America’s water and power resources. His in- colleagues throughout our community. He will honor and dedication. novative work and enthusiasm on behalf of the be deeply missed.

∑ 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 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K11DE8.001 E11DEPT1 jbell on DSK7SPTVN1PROD with E1896 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 2012 TRIBUTE TO SERGEANT Quality of Life, and Administrative Services HONORING YOUR NEWS NOW KAUFFMAN, CAPTAIN MIHELICH, Bureaus. He was a strong and decisive leader ‘‘YNN’’ OFFICER BLASINGAME, AND OF- and as the Police Department experienced FICER GOLEZ OF FAIRFIELD, changes in leadership and command staff, he HON. CHRISTOPHER P. GIBSON CALIFORNIA consistently stepped in and assisted City man- OF NEW YORK agement in filling the gaps. He assumed the IN THE HOUSE OF REPRESENTATIVES HON. JOHN GARAMENDI Police Captain’s position and managed the Tuesday, December 11, 2012 OF CALIFORNIA Support Services Division beginning in April IN THE HOUSE OF REPRESENTATIVES Mr. GIBSON. Mr. Speaker, I rise today to 2011 before being formally promoted on Feb- honor Your News Now ‘‘YNN,’’ a local 24-hour Tuesday, December 11, 2012 ruary 10, 2012. news channel exclusively provided seven days Mr. GARAMENDI. Mr. Speaker, I rise today Capitan Mihelich has been a valued em- a week by Time Warner Cable. Serving the to honor Sergeant Kauffman, Captain ployee and leader, and his commitment to the State of New York, YNN is celebrating its 10th Mihelich, Officer Blasingame, and Officer City and community was evidenced on a daily Anniversary. Across Upstate New York, my constituents Golez of Fairfield, California. basis. He was a loyal representative of the law Sergeant Kauffman will retire after nearly 30 rely on YNN for their local news. Since its enforcement community and admired for his years of law enforcement service with the City debut, YNN has provided in-depth coverage of hard work, dedication, and positive work ethic. of Fairfield. He was hired as a Public Safety national, state, and local new stories, commu- Officer with the Fairfield Police Department on Captain Mihelich is commended for his self- nity events, high school sports, and weather July 5, 1983. Sergeant Kauffman served the less contribution to Fairfield and its constitu- forecasting. This has allowed New Yorkers the community in a number of non-emergency pa- ents. ability to access local news coverage regard- trol functions while putting himself through the Officer Blasingame will retire after 30 years less of the time of day. YNN also provides the only statewide polit- police academy. After graduation, he was re- of law enforcement service, with 23 years of hired as a Police Officer on June 30, 1986 ical program, ‘‘Capital Tonight,’’ covering the that service to the City of Fairfield. After serv- State Capitol, U.S. Capitol, and political news where he worked in various capacities that in- ing seven years as a Correctional Officer and cluded Patrol, Investigations, Solano Narcotics from across the Empire State each weekday Deputy Sheriff with the Solano County Sher- Enforcement Team (Sol-NET), and Field evening. Training. Sergeant Kauffman earned the Po- iff’s Office, he was hired as a Police Officer Mr. Speaker, please join me in recognizing lice Officer of the Quarter award in November with the Fairfield Police Department on Sep- the commitment Time Warner and YNN have 1999 for his reliability and commitment to tember 25, 1989, and served the community in made to ensuring quality local news program- community service. On December 31, 1999, a number of capacities within the Patrol and ming throughout New York State. As Thomas Jefferson once said, ‘‘Whenever the people he was promoted to Police Corporal and then Investigations Bureaus. are well-informed, they can be trusted with earned the City Manager’s Commendation on Officer Blasingame has received numerous their own government.’’ YNN is an important July 28, 2003 for his contributions and dedica- commendations from citizens and coworkers part of this effort for my constituents in the tion to the City’s Driver Training program. for his consistent and skillful performance. 20th District of New York and across our On March 3, 2006, Sergeant Kauffman was Some of his most significant contributions to state, and I congratulate them on their 10th promoted to Police Sergeant and ultimately Anniversary. supervised a number of different units includ- the Police Department have been sharing his ing Patrol, Professional Standards, and Major knowledge and experience of solid investiga- f tive skills, exceptional memory, and quality re- Crimes. In 2009, as the Police Department ex- REMEMBERING JACK BROOKS, perienced changes in leadership and com- porting techniques with fellow officers. Officer FORMER JUDICIARY COMMITTEE mand staff, he stepped in and assisted City Blasingame has been a dedicated team mem- CHAIRMAN management in filling the gaps. Sergeant ber, mentor and positive representation of the Kauffman assumed the Police Lieutenant’s po- Fairfield Police Department. sition and managed Patrol Operations for sev- HON. JOHN CONYERS, JR. Officer Golez will retire after nearly 30 years eral months. He has a can-do attitude and he OF MICHIGAN of law enforcement service to the City of Fair- consistently provides quality service to the IN THE HOUSE OF REPRESENTATIVES community. field. He was hired as a Public Safety Officer Tuesday, December 11, 2012 Sergeant Kauffman has been a valued em- with the Fairfield Police Department on Janu- ary 7, 1983, and served the community in a Mr. CONYERS. Mr. Speaker, I was sad- ployee and leader, and his commitment to the dened to learn of the passing of my friend and number of police and fire functions until he at- community was evidenced on a daily basis. former colleague Jack Brooks. He was a loyal representative of the law en- tended the police academy in early 1985. After As long-time members of the House Judici- forcement community and admired for his hard graduation, he was promoted to Police Officer ary Committee and the Government Reform work, dedication, and positive work ethic. on May 20, 1985, where he worked in various Committee, Jack Brooks and I worked closely Captain Mihelich will retire after nearly 29 capacities within the Patrol and Traffic units. together. I saw firsthand his dedication to years of law enforcement service, with 25 Officer Golez has received numerous com- serving our nation and his constituents in years of that service to the City of Fairfield. mendations from citizens and coworkers for Texas. Through his leadership as a senior After serving over three years as a Reserve his consistent and exemplary performance. member of the Judiciary Committee in the Officer and Police Officer with the South San 1960s, both the Civil Rights Act and the Vot- Some of his most significant contributions to Francisco Police Department, Captain Mihelich ing Rights Act made their way through the was hired as a Police Officer with the Fairfield the Police Department have been the develop- committee and ultimately passed into law. Police Department on October 12, 1987. As ment of the Police Cadet Program and sharing Less than a decade later, he led the effort to an officer, he worked in various capacities that his motorcycle expertise with fellow officers. hold President Nixon accountable to the pub- included Patrol, Investigations, Drug Abuse Officer Golez has been a dedicated teacher, lic, and helped draft the articles of impeach- Resistance Education (DARE), Special Oper- mentor and a positive representation of the ment against Nixon. As Chairman of the ations, Gang Suppression, Special Activity Fairfield Police Department. House Judiciary Committee from 1989 to Felony Enforcement (SAFE) Team, and Field Sergeant Kauffman and Captain Mihelich 1995, Jack Brooks oversaw the passage of Training. the Americans with Disabilities Act, the Vio- will be presented with their retirement memo- Captain Mihelich was promoted to Police lence Crime Control and Law Enforcement rabilia at 3 p.m. on Thursday, December 13, Corporal on December 31, 1999 and then to Act, and the modernization of the Civil Rights Police Sergeant on December 28, 2001. He 2012, during an Employee Recognition recep- Act. Chairman Brooks was also a longstanding skillfully mentored and supervised units in Pa- tion in Willow Hall at the Fairfield Community champion of competition, antitrust and govern- trol and Training & Personnel, and was named Center. Officers Blasingame and Golez will be ment accountability. Manager of the Year in 2006. After being pro- recognized in early January. All are welcome Jack Brooks will be remembered by many. moted to Lieutenant on June 6, 2008, Captain to join the celebration of these distinguished His lasting contributions will continue to be felt Mihelich served as a Commander for Patrol, careers. in our civil rights laws across the country.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K11DE8.002 E11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1897 I’M STANDING IN HONOR OF AN Don’t cry for me, She first visited the Observatory on a vacation AMERICAN HERO, SGT JOSHUA but for all of my Brothers in Arms who now in the 1950’s, at which point she was so en- WETZEL, 2ND INFANTRY EARTH lie in such soft quiet graves! thralled that when she moved to Southern PIGS, THE UNITED STATES And I’m going back home to sweet Alabama, running one day! California in the early 1960’s, she quickly be- ARMY And to this our world, came a regular visitor to the Observatory. Her my life still has so much more to say! ardent interest in astronomy came to the at- HON. ROBERT B. ADERHOLT And I’ve got a wonderful wife, tention of Griffith Observatory Director Dr. Ed who is the light of my life who has shown me OF ALABAMA Krupp, who encouraged her to become a that true love really stays! more active member of FOTO by joining the IN THE HOUSE OF REPRESENTATIVES And this War Eagle, Board of Directors. Upon joining the Board in Tuesday, December 11, 2012 stands so regal with his courage he displays! 1978, Kara began writing and editing FOTO’s As I’m still standing even taller on this day! Mr. ADERHOLT. Mr. Speaker, I rise today Update newsletter, which she continued to do in honor of one of Alabama’s most heroic f for the next 10 years. Since 1985 she has sons, Joshua Wetzel of The United States TRIBUTE TO OFFICER LAWRENCE penned the FOTO Notes section in the Griffith Army. While out on patrol on May 31, 2012 BANKS Observer, the Observatory’s magazine. Joshua was almost killed in an IED explosion Ms. Knack’s passion for astronomy and in Kandahar Afghanistan. While he lost his dedication to the Observatory culminated in legs and suffered numerous other injuries, he HON. JOHN GARAMENDI 2008, when over 2,200 of her celestially never lost his faith. As he said to me the first OF CALIFORNIA themed items were used for the Cosmic Con- time I met him in a hospital bed at Walter IN THE HOUSE OF REPRESENTATIVES nection timeline, now on display in the Griffith Reed, I’m still standing! And that pretty much Tuesday, December 11, 2012 Observatory. For over two decades, Kara has collected celestial objects and jewelry and sums up this man’s will to live and can do Mr. GARAMENDI . Mr. Speaker, I rise today spirit. He makes all of America proud and his when the Observatory underwent renovation in to honor Officer Lawrence Banks, who will re- 2006, she saw an opportunity to share her col- town of Glencoe. With the help of his family tire after nearly 26 years of law enforcement and wonderful wife Paige, he has already lection with the institution she devoted so service with the City of Fairfield. much of her time to, and with the support of made such great strides in such a short time Officer Banks began his law enforcement and it’s going to be hard to catch up to him. the Observatory staff, the Cosmic Connection service with the City of Pittsburg as a volun- was created. I ask that this poem penned in his honor by teer Reserve Officer in 1985 and, after putting Albert Caswell be placed in the RECORD. As a member of FOTO’s board, Kara has himself through police academy, he was hired served as the secretary for four terms, as vice I’M STILL STANDING as a Police Officer with the Fairfield Police De- I’m . . . president two terms, and as president for partment on March 16, 1987. He has served three terms. In addition she has also served I’m still standing . . . the community in various capacities that in- Here on this very day . . . on the Master Plan Committee, the Architec- You may take my two strong legs, cluded Patrol and Youth Services. tural Committee, the Selection Committee, the but my heart you can not so sway! Officer Banks received numerous com- Renovation and Expansion Steering Com- I’m still standing! mendations from citizens and coworkers, and mittee, the Exhibit Planning Committee, the Look at me out on my way! he was named Police Officer of the Year for Planetarium Planning Committee, the Reopen- For I’ve got mountains to so climb, 1993 for his consistent and exemplary per- ing Committee and the Volunteer Neighbor- and so many hearts to so inspire, formance within our local schools. Some of his and such hope to so convey all in my time hood Oversight Committee. most significant contributions to the Police De- For decades, Kara has demonstrated unpar- along the way! partment have been the special assignments Yea, I’m still standing, alleled enthusiasm not just for the Observ- as I fight this new fight each and every day! he has held including School Resource Offi- atory, but for public education about astron- All at speed, cer, Drug Abuse Resistance Education, omy. She has donated her time, her posses- as my heart so gives me all that I so need DARE, Instructor, and on the Police-Probation sions, and her heart to the pursuit of astron- ... Team. Officer Banks was invaluable in these omy, and her extraordinary generosity shall so you better get out of my way! roles because he is skilled at developing bet- continue to be felt at the Griffith Observatory You see, ter relationships with not only juveniles he War Eagles do not so hesitate! for years to come. came in contact with, but with parents and I ask all Members of Congress to join me For I am Army Strong, school administrators. He has taken commu- as my heart beats loud and long . . . today in honoring Kara Knack for her exem- to fight for freedom night and day! nity service to a new level through his dedi- plary service to the Griffith Observatory. cated teaching, collaboration, and positive rep- 2nd Infantry, EARTH PIGS who fight and f lead! resentation of the City of Fairfield and the And The University of Auburn, Fairfield Police Department. 8TH ANNUAL ‘‘SPIRIT OF INNOVA- is all part of my very DNA! Officer Banks has been a valued employee TION’’ INDUCTION CEREMONY Because, sweet Alabama was where I was and his commitment to the community was born and raised! evidenced on a daily basis. He is a loyal rep- HON. PETER J. VISCLOSKY And all of my children are going to graduate resentative of the law enforcement community from there one day! OF INDIANA For I am a grunt! and admired for his hard work, dedication, and IN THE HOUSE OF REPRESENTATIVES positive work ethic. Ever on the hunt! Tuesday, December 11, 2012 To evil to so confront! Officer Banks will be presented with his re- As I was on that fateful day! tirement memorabilia in early January. All are Mr. VISCLOSKY. Mr. Speaker, it is with As when my short life almost went away! invited to celebrate his distinguished career. great sincerity and admiration that I offer con- Without legs, and halfway to death as there f gratulations to Ivy Tech Community College I lay! Northwest and its regional partners, who re- As I had a choice, A TRIBUTE TO KARA KNACK cently celebrated their 8th Annual ‘‘Spirit of In- as when inside of me I so heard a voice, telling me to stay! novation’’ Induction Ceremony. At the cere- And I got up and run for the first time in my HON. ADAM B. SCHIFF mony, thirty individuals and teams were in- life without legs! OF CALIFORNIA ducted as members of the 2012–2013 class of With the tears running down my eyes, IN THE HOUSE OF REPRESENTATIVES the Society of Innovators of Northwest Indi- I began to pray! ana. Of these individuals, certain members As along side of me my Lord God ran with Tuesday, December 11, 2012 were inducted as Society Fellows for their ex- me that day! Mr. SCHIFF. Mr. Speaker, I rise today to ceptional efforts in innovation, including Eu- Helping me chase all of that heartache and honor Kara Knack, who will be retiring from gene S. Smotkin, Ph.D., Pearl Prince, Olga doubt away! As now I must rebuild! the Friends of the Observatory, FOTO, Board Petryszyn, Gus Olympidis, and Neal H. Has- As so inside of me my hearts instills! this month after thirty-four years of dedicated kell, Ph.D. Additionally, Gregg A. The courage and the strength to so will! service. VanDusseldorp Sr. was honored at the event Because, I’m Standing Still! Kara Knack’s enthusiasm for the Griffith Ob- with the Gerald I. Lamkin Fellow for Innovation Heartache and pity get out of my way! servatory began long before she joined FOTO. and Service, a special recognition named for

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11DE8.006 E11DEPT1 jbell on DSK7SPTVN1PROD with E1898 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 2012 the president of Ivy Tech Community College Finally, the recipients of the Chanute Prize cluding cleaning up beaches, removing of Indiana. Also honored were the Chanute for Team Innovation should be commended invasive plants, and giving tours of the eco- Prize team recipients, the Center for Innova- for their contributions. The Center for Innova- system section at the Orlando Science Center. tion through Visualization and Simulation of tion through Visualization and Simulation of Her spirit of dedication and commitment to Purdue University Calumet and ‘‘S-in motion,’’ Purdue University Calumet has been able to her students is an example of the life-chang- ArcelorMittal Global R&D Center, East Chi- save more than $30 million dollars for local ing impact a dedicated educator can have on cago. For their truly remarkable contributions business, industry, and communities by imple- a community and on the individual lives of stu- to the community of Northwest Indiana and menting its modeling, visualization and simula- dents. She is a shining example of the fruits their continuous efforts to cultivate a culture of tion technologies, researchers. Additionally, of selflessness demonstrated by educators innovation, these honorees were inducted dur- ‘‘S-in motion’’ is a revolutionary concept of de- who devote themselves to Florida’s future by ing a prestigious event that took place at the signing lighter and safer automobiles utilizing investing in Florida’s students. Horseshoe Casino in Hammond, Indiana, on new steel products that was created with the On behalf of the citizens of Central Florida, October 18, 2012. assistance of ArcelorMittal Global R&D Center I am pleased to recognize and applaud Ms. The Society of Innovators of Northwest Indi- in East Chicago. This innovative program Deborah Wasylik for her hard work, dedica- ana was created by Chancellor J. Guadalupe works to create steel for automobiles that re- tion, and leadership. She is most deserving of Valtierra of Ivy Tech Northwest with the goal duces the weight of vehicles in order to meet the 2012 Richard C. Bartlett Environmental of highlighting and encouraging innovative in- higher fuel standards and to guarantee the Education Award. May her investment in our dividuals and groups within the not-for-profit, use of steel in automobiles in the future. nation’s students, environment and edu- public, and private sectors, as well as building Mr. Speaker, I ask you and my distin- cational institutions inspire others to follow in a ‘‘culture of innovation’’ in Northwest Indiana. guished colleagues to join me in commending her footsteps. The importance of innovation in Northwest In- these outstanding innovators. The contribu- diana, as well as globally, is crucial in today’s tions they have made to society, here in f ever-changing economy. Northwest Indiana and worldwide, are im- OUR UNCONSCIONABLE NATIONAL These five Fellows selected by the Society measurable and lifelong. For their truly brilliant DEBT of Innovators were chosen for their extraor- innovative ideas, projects, and leadership, dinary innovative leadership and the impact of each recipient is worthy of the highest com- HON. MIKE COFFMAN their accomplishments throughout the commu- mendation. nity of Northwest Indiana and the world. Eu- OF COLORADO f gene S. Smotkin, Ph.D. is a professor of IN THE HOUSE OF REPRESENTATIVES Chemistry at Northwestern University and the CONGRATULATING MS. DEBORAH Tuesday, December 11, 2012 Chief Executive Officer of NuVant Systems, WASYLIK, RECIPIENT OF THE Incorporated in Crown Point. NuVant develops 2012 RICHARD C. BARTLETT EN- Mr. COFFMAN of Colorado. Mr. Speaker, and distributes electrochemical equipment and VIRONMENTAL EDUCATION on January 20, 2009, the day President materials for the research and development, AWARD Obama took office, the national debt was manufacturing, and educational markets. Pearl $10,626,877,048,913.08. Prince is the principal of Frankie Woods HON. DANIEL WEBSTER Today, it is $16,370,056,245,929.64. We’ve McCullough Girls Academy in Gary, the city’s added $5,743,179,197,016.56 to our debt in OF FLORIDA nearly 4 years. This is $5 trillion in debt our first public all girls school for kindergarten IN THE HOUSE OF REPRESENTATIVES through seventh grade students. Pearl devel- nation, our economy, and our children could oped and implemented an educational model Tuesday, December 11, 2012 have avoided with a balanced budget amend- that has led the academy to become an award Mr. WEBSTER. Mr. Speaker, I am pleased ment. winning elementary school for students from to congratulate Ms. Deborah Wasylik of Or- f low income areas. Olga Petryszyn was named lando, Florida on being named the recipient of one of the top hosta plant hybridizers in the the 2012 Richard C. Bartlett Environmental COMMEMORATING THE CITY OF United States. Since 1993, she has registered Education Award. This annual award is pre- SOUTHFIELD twenty-four hosta plants with twenty-two vari- sented to an outstanding middle or high eties commercialized. In 2012, the world fa- school teacher who integrates environmental HON. SANDER M. LEVIN mous ‘‘Niagara Falls’’ variety was honored by studies in their curriculum and engages stu- OF MICHIGAN the American Hosta Society. Gus Olympidis, dents in interdisciplinary solutions to environ- IN THE HOUSE OF REPRESENTATIVES Founder and Chief Executive Officer of Family mental challenges. Tuesday, December 11, 2012 Express, developed a nationally recognized Ms. Wasylik teaches Advanced Placement business model that measures up to global Environmental Science and Marine Science to Mr. LEVIN. Mr. Speaker, I rise to com- competitors. The business model includes the juniors and seniors at Dr. Phillips High School. memorate the City of Southfield, and thank the ‘‘Living Brand’’ for customer service, innova- In spite of not having a science budget and residents of Southfield who have provided me tive logistics, and state-of-the-art technology having to construct curriculum on her own, not with the honor of representing them in Con- linking the 57 stores to their headquarters in only have her students on average scored gress for 30 years. My beloved late wife, Vicki Valparaiso. Neal Haskell, Ph.D., Saint Joseph over thirty points above the national average and I, called Southfield our home when I was College, Rensselaer, is one of the foremost on their Advanced Placement exams, but they first elected to Congress, and our Congres- scientists of forensic entomology in the world. also hold the highest Advanced Placement sional office was based there for many years. Using his expertise of the life cycles of insects passing rate in Orange County Public Schools. I have been proud to see the fabric of this to determine time and location of death in Ms. Wasylik succeeds in engaging her stu- community diversify racially and to watch it de- criminal cases, Dr. Haskell is a pioneer and dents, as well as her fellow colleagues, in en- velop economically. truly an innovative leader. He has assisted the vironmental studies by integrating environ- Historically, when Governor Cass first or- FBI, Indiana State Police, New York State Po- mental education across subject areas beyond dered the area in the ‘‘south fields’’ of Bloom- lice, Florida Department of Law Enforcement, science, including history, language arts and field Township surveyed in 1817, he could not and Canada’s Office of the Chief Coroner, mathematics. Her reinforcement of student have guessed at the fine city it would become. among others, with criminal cases across the learning facilitates students making real world Though it became a township in 1830, it county and throughout the world. and local connections associated with environ- wasn’t until 1958, over 100 years later, that I am also honored to represent Gregg A. mental issues. Southfield would formally incorporate into a VanDusseldorp Sr., who was awarded the In addition to their academic successes, her city. Gerald I. Lamkin Fellow for Innovation and students have excelled significantly in achieve- Southfield has earned its moniker, ‘‘The Service. Gregg is the President of Omnitech ments beyond the traditional classroom. Her Center of It All.’’ Strong neighborhoods. Good Systems, Incorporated in Valparaiso, Indiana. students started a recycling program for Dr. schools. Manufacturing. Office high-rises Gregg founded this medical device company Phillips High School’s campus and created an which house more than 100 Fortune 500 com- that has developed products to assist with sur- outreach program to educate other school panies. And, a deep sense of community and geries associated with urology and gyne- groups on aquaponics. With Ms. Wasylik’s friendship. cology. He currently holds eight patents for help, her students have been able to give I have enjoyed participating in so many ac- products that are used by surgeons worldwide. back to their community in various ways in- tivities and events like the annual Dr. Martin

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K11DE8.005 E11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1899 Luther King Day peace walk and commemora- Committee; and a member of the board of the Who in times of war will leave all that they tion, ceremonies at the VFW, activities spon- San Francisco General Hospital Foundation. so love with tears in eyes! sored by your schools and your strong and vi- In a true reflection of his dedication to his But, for The Greater Good they do not so ask fellow veterans, he served on the Board of Di- why! brant religious institutions, and the effort many Who on the ground and in the air their fine years ago to cleanup the Rouge River, which rectors of NCIRE—The Veterans Health Re- hearts to new height’s so fly! I actually got into. I am pleased at what a search Institute, a national leader in advancing Brick, by Brick. . , as their fine hearts are leader your community has become in the veterans’ health research based in San Fran- so molded to so pick! Veterans History Project interviewing over 200 cisco. He helped establish a veterans’ re- To make those tough choices, to send mag- veterans and placing their histories at the Li- source center at the City College of San Fran- nificent heroes off to die! brary of Congress. And, congratulations to Dr. cisco. It is a testament to Mr. Newman’s long- Built on courage and such faith! standing dedication to San Francisco and our Whose brilliant hearts shall not so wave! Wanda Cook-Robinson, the Superintendent of With words like Honor, Duty, and Country Southfield Schools, who was recently named veterans that UCSF will soon have a 42,000– their foundations are all so made! the 2013 Superintendent of the Year by the square-foot Veterans Affairs Medical Center in Brick, by Brick! Michigan Association of School Administrators. Mission Bay. Showing us all how men and leaders of honor I was proud to fight for the federal dollars Walter will be remembered for his positive so behave! needed to create the Center for Innovative attitude and compassion, for his unyielding Who each day walk by the grave! Materials Research. This partnership between commitment to the education of our children All so to lead! Lawrence Technological University, TARDEC and the health of our people, for his unending All so our nation can so succeed! devotion to the well-being of our veterans. Can so live all in such peace! and the Army Research Lab, was established As we so thank all of them and all of these! for the research, development and testing of He will be remembered for his exemplary Who Brick by Brick, but build the very bed- carbon-fiber composite materials for defense will and exceptional values—for the way he in- rock of our peace! applications. spired others to action, even in moments of Who are Army Strong, whose lives are like a Mayor Lawrence, former mayor and current his own grief. Indeed, when his son Bob trag- song! City Councilman Don Fracassi, along with all ically passed away from a malignant brain Air Borne, Colonel Bricker. . . in hearts we of the dedicated City Council members and tumor, Walter responded in characteristic fash- carry you now so very warm! other local elected officials continue to move ion. At a time when so many others would, un- Hoo. . . oh! —By Albert Carey Caswell the City of Southfield forward, and I look for- derstandably, turn inward with grief, he hon- ward to following their success in the years to ored his son’s memory by co-founding and be- f come. coming President of the National Brain Tumor TO RECOGNIZE THE 2012 As I close, I can say with confidence that Foundation—an organization that assists thou- LIFECIRCLE ALLIANCE KUDOS the City of Southfield and its residents are in sands of people suffering from brain cancer. FOR CAREGIVERS HONOREES good hands with Congressman GARY PETERS. A cherished civic leader. A proud San Fran- My office will, of course, stay in close touch on ciscan. A champion for our city, our state, and HON. GERALD E. CONNOLLY our country. This is how we will all remember issues that impact Oakland County and south- OF VIRGINIA Walter Newman. east Michigan as we all work together to re- IN THE HOUSE OF REPRESENTATIVES vitalize our Michigan economy. Yet, as devoted as he was to civic and cul- Tuesday, December 11, 2012 f tural causes in San Francisco, he was above all devoted to his beloved wife Ellen, his sons Mr. CONNOLLY of Virginia. Mr. Speaker, I HONORING THE LIFE AND SERVICE Walter Jr. and John, and brother-in-law Jerry. rise today to recognize the winners of the OF WALTER NEWMAN I hope it is a comfort to his family and loved 2012 LifeCircle Alliances Kudos for Commu- ones that so many join them in mourning his nity Caregivers Awards. LifeCircle Alliances, a HON. NANCY PELOSI passing. non-profit organization based in Fairfax Coun- OF CALIFORNIA f ty, Virginia, is a leader in promoting and ena- IN THE HOUSE OF REPRESENTATIVES bling independent living for older adults with HONORING COLONEL PAUL W. developmental, intellectual, or physical disabil- Tuesday, December 11, 2012 BRICKER ities, including our Wounded Warriors. Ms. PELOSI. Mr. Speaker, I rise to pay final LifeCircle Alliances has formed public-pri- tribute to a prominent San Francisco business- HON. CHRISTOPHER P. GIBSON vate partnerships to create innovative long- man, philanthropist, and civic leader: Walter OF NEW YORK term care solutions, enhance existing pro- Newman. San Francisco has been blessed by IN THE HOUSE OF REPRESENTATIVES grams, and address workforce, mobility and transportation issues. The goal of these efforts Walter’s life, vision, leadership, and gen- Tuesday, December 11, 2012 erosity. His legacy will leave an everlasting im- is independence for life; ensuring that our pact on our city. Mr. GIBSON. Mr. Speaker, I rise today on older adults and adults with disabilities are Walter Newman was a third generation Cali- behalf of the people in New York’s 20th Dis- able to live independently and with dignity in fornian, a dedicated patriot, and a proud trict to express our sincere appreciation for the their communities of choice. American. He served our country as an Army selfless service, dedication, and sacrifice to The LifeCircle Alliances Kudos for Commu- infantry captain during World War II. He the United States by Colonel Paul W. Bricker nity Caregivers Award celebration recognizes the efforts of six outstanding caregivers, who earned a Purple Heart for wounds sustained who retired this year after 25 years of service. tirelessly provide dedicated care, day in and while leading his troops into Normandy. He As a tribute, I wish to enter the poem written day out. The recipients of the 2012 Kudos earned the gratitude and accolades of the by the Poet, Albert Carey Caswell, entitled Awards are: people of France, the recipient of that coun- ‘‘Brick by Brick.’’ BRICK, BY BRICK Stephanie Mensh—Stephanie Mensh has try’s highest civilian honor, the Chevalier of been a caregiver for Mr. Paul Berger for 25 the National Order of the Legion of Honor. Brick! Brick, by Brick! years. Additionally, she has volunteered her Mr. Newman continued his service in our time supporting stroke and TBI survivors and beloved hometown of San Francisco. As head Are but built, all of those men of honor who our Nation now so picks! To so lead our their families. She also provides support and of the Planning Commission and the Redevel- magnificent men and women off to war! advice to other caregivers by hosting a sup- opment Commission, he helped lead the effort Whose fine hearts, all in the midst of such port group as well as providing individual sup- to develop major civic projects ranging from hell so ever soar! port by phone, email, and in person. the Transamerica Pyramid to Mission Bay. As Who all so valiantly, all so charge off so Liza Ruiz—The loving mother of two daugh- president of the San Francisco Fine Arts Mu- forth! ters, Mrs. Ruiz has been caring almost daily seum, he was instrumental in bringing King Brick, by Brick! for her 65 year old daughter, Cynthia, who Tut artifacts to San Francisco as one of our Whose hearts are Air Borne! was brain injured at birth and her husband first great art exhibitions. Who lead with such honor and such speed! Who take off and hover over danger, with who has been diagnosed with dementia. For He played a vital role in the establishment hearts so very warm indeed! many years, she did this while working as a of University High School in San Francisco. Who crank and bank, who we all so full-time employee of the federal government. He was a member of the Board of Governors thank. . . who our Lord so adores! Mrs. Ruiz was instrumental in helping to es- of the University of California, San Francisco; Who cry when their Brothers and Sisters In tablish the Northern Virginia Training Center, a member of the UCSF Conflict of Interest Arms so die! which opened in 1973.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11DE8.008 E11DEPT1 jbell on DSK7SPTVN1PROD with E1900 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 2012 Maureen Renault—A dedicated and tireless Cleveland’s Building and Construction Trades lating the Argyle High School Marching Band caregiver, Maureen Renault has taken on the Council (CBCTD), being the first operating en- for their tremendous winning record. They daunting task of caring for her mother, a resi- gineer to hold this office in the Council’s his- have been excellent musical for dent at Herndon Harbor Adult Day Health tory. In his capacity as president, Mr. Soggs their school, community and the 26th District Care Center. During this time Maureen has has successfully negotiated numerous con- of Texas. It is my privilege to serve the admin- been actively involved in her mother’s care at tracts fighting for the betterment of working istrators, teachers, staff and students of the the center in addition to her needs at home. men and women within the community. Argyle Independent School District in the U.S. Steven Nehl-Care-giving is an around the In addition to his dedicated work with IOUE House of Representatives. clock job for Mr. Nehl. He cares for his autistic Local 18 and the CBCTD, Mr. Soggs has also f son, Michael, and wife, Joanne, who is con- affiliated himself with numerous labor organi- NAMING THE JESSE HELMS FED- tinuing to recover from two brain aneurysms. zations and programs throughout Northeast ERAL BUILDING AND UNITED Since the time of her illness in 2008, Joanne Ohio and the State of Ohio. He has served as STATES COURTHOUSE is unable to work and Mr. Nehl may only President of the North Shore Federation of maintain short-term positions due to the tre- Labor; Vice President of the Ohio State Build- mendous requirements of his time at home. ing and Construction Trades Council; Trustee HON. RENEE L. ELLMERS Cecilia Ortega-Shew—For almost two dec- of the Union Construction Industry Partner- OF NORTH CAROLINA ades, Cecilia Ortega-Shew has given self- ship; Chairman of the Union Construction In- IN THE HOUSE OF REPRESENTATIVES lessly to individuals living with HIV/AIDS. In dustry Partnership/Apprenticeship Skills Tuesday, December 11, 2012 her role as a mental health clinician and pro- Achievement Program; Executive Director of Mrs. ELLMERS. Mr. Speaker, recently I in- gram clinical manager for Inova Juniper the Northern Ohio Building Trades Real Estate troduced a bill to rename the Century Postal Group, she helps pregnant women have Investment Program; Vice President of the Station in Raleigh, North Carolina in honor of healthy, HIV-free babies and continues to United Labor Agency; President of Pinzone former United States Senator Jesse Helms. counsel people on the difficulties of living with Towers; Vice President of Lupica Towers; and Senator Helms, North Carolina’s longest HIV. She inspires young staff to be better clini- Co-Chair to the Labor Initiative of United Way serving Senator, was a genuine man who cians and instills in them a passion for caring of Greater Cleveland. He is also a member of fought for what he believed. He himself said, for those with HIV. the Cuyahoga County/City of Cleveland Work- ‘‘I didn’t come to Washington to be a ’yes Natascha Dixon Edelin—Passionate and force Investment Board; Executive Committee man’ for any president, Democrat or Repub- dedicated to helping women and children in of the Cleveland Catholic Diocese Building lican. I didn’t come to Washington to get along need, Natascha Dixon Edelin tirelessly works Commission; Executive Committee of the Cuy- and win any popularity contests.’’ His stead- to assist the battered women of Fairfax, Vir- ahoga Democratic Party; board member of the fast nature even earned him the nickname ginia and honor them for their strength, cour- Ohio Water Development Authority; and mem- ‘‘Senator No,’’ to which he had no objection. age and commitment. She partnered with the ber of Mayor Jackson’s Sustainability Cabinet. While voters would many times disagree co-founders of the Duffy House in 2011 to or- Mr. Speaker and colleagues, please join me with his policies, they always knew where he ganize the ‘‘Duffy House Day of Pampering’’ in honor of Mr. Loree Soggs who has dedi- stood. Former North Carolina Senator Eliza- for victims of domestic violence and sexual cated his life and career to the labor commu- beth Dole said, ‘‘Even those who disagreed abuse which provided, at no charge, a much nities of Ohio. with Jesse on an issue could respect the fact needed day of respite for approximately 50 f that he always stood tall and firm for his con- women and 80 children. Her continued work victions, his faith, his family, and his home with the Duffy House brings joy into this spe- IN RECOGNITION OF THE ARGYLE State of North Carolina.’’ cial community. HIGH SCHOOL MARCHING BAND Despite sometimes being a controversial fig- I congratulate this year’s winners and recog- ure during his 30 years in the Senate, Helms nize each of them for their dedication and per- HON. MICHAEL C. BURGESS faithfully served North Carolina and its citi- sonal sacrifices. These individuals are exam- OF TEXAS zens. He became a leading voice in the ples of the many caregivers who put the IN THE HOUSE OF REPRESENTATIVES United States Senate fighting against com- needs of their families, friends and colleagues Tuesday, December 11, 2012 munism, for a balanced budget, and simpli- above their own. Mr. Speaker, I ask that my fying the tax code. He served on the Senate colleagues join me in paying tribute to the Mr. BURGESS. Mr. Speaker, I rise today to Agriculture Committee, where he served as 2012 LifeCircle Alliances awardees and in honor the Argyle High School Marching Band, chairman from 1981 to 1987, as well as the thanking the volunteers, staff, and partners of which has earned their 5th victory at the Uni- powerful Foreign Relations Committee where LifeCircle Alliances for their efforts in providing versity Interscholastic League (UIL) State he served as chairman from 1995 to 2001. assistance to not only those in need of care, Marching Band contest. The Eagle Marching His legislative work may have been con- but to those who provide the care here in our Band has competed six times in the UIL state troversial, but his other Congressional duties community. marching finals, and out of those competitions, were the opposite. Constituent service in f the band has achieved first place honors an Jesse Helms’ office was second to none and astonishing five times! set a new standard. Democrat or Republican, IN HONOR OF MR. LOREE SOGGS The Argyle High School Marching Band’s liberal or conservative, he made sure the con- achievements are based upon the devotion stituents he worked for received prompt atten- HON. DENNIS J. KUCINICH and hard work that each individual student tion. Helms did everything he could to be ac- OF OHIO member puts into their performance, giving it cessible to his constituents, and showed gen- IN THE HOUSE OF REPRESENTATIVES their best efforts from the first hot practice in uine kindness and consideration to every one the blazing summer sun, through repeated of them. He cared about his state and his fel- Tuesday, December 11, 2012 practices, football game half-times and pro- low citizens. Mr. KUCINICH. Mr. Speaker, I rise today in gressively competitive marching contests. Stu- Born in Monroe, North Carolina, Helms honor of Mr. Loree Soggs and his countless dent leaders for the 2012 Argyle High School started his career in journalism. It was in his contributions to the labor communities of both Marching Band are Drum Majors Randi Martin, 11 years in journalism, including working for the City of Cleveland and State of Ohio. Mr. Cameron Schafer and Lindsey Johnson. This the Raleigh News and Observer, that he met Soggs has been an active member of and fall, the crowning attainment for 120-plus band his wife, Dorothy Coble, and went on to marry staunch advocate for unions and union mem- members was winning the UIL Class 3A her in 1942. Senator Helms’ first interest in bers since he entered the workforce nearly championship for a third consecutive time with politics is said to have come from his con- fifty years ago. their remarkable program: ‘‘Moving Parts.’’ Led versations with his conservative father-in-law. Mr. Soggs began his affiliation with the labor by Director of Bands, Kathy Johnson and As- Senator Helms raised his family in Raleigh, community in 1964 as an operating engineer. sistant Directors, Michael Lemish, Lucy and after he retired he continued to make Ra- As a member of the International Union of Op- Pascasio, Evan Fletcher, and Color Guard In- leigh his home. Helms and his wife had three erating Engineers (IUOE), Local 18, he served structor Sarah Ross, the leadership team for children—Jane, Nancy, and Charles, a child as a business agent, apprenticeship coordi- the Argyle High School Marching Band is to with cerebral palsy, adopted at 9 by the Sen- nator, steward director, officer and fringe ben- be commended as well. ator and his wife. efit fund trustee. In 1994, Mr. Soggs was I join the citizens of Argyle, the band boost- Through this experience with Charles, Sen- elected to the office of Executive Secretary for er organization and band parents in congratu- ator Helms became involved with Easter Seals

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K11DE8.007 E11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1901 and fighting for children with disabilities. He tion of community leaders. Bill has been an in Argentina, and his master’s degree in Span- continued his humanitarian work later in his active and financial supporter of local Habitat ish literature in Columbia. He taught philos- career by supporting efforts to fight AIDS in for Humanity and Ronald McDonald House, ophy at the University of Havana in Cuba and Africa during his final term. Bono, lead singer and he is a member of the board of Reston Spanish Literature in Puerto Rico. of U2, even praised Helms’ work by saying Interfaith. I was pleased to have him serve on Upon leaving the priesthood, Mr. Gumucio ‘‘without his taking a stance on AIDS, we the Affordable Housing Task Force that I eventually moved to Cleveland, where he would have lost a lot more lives.’’ launched during my tenure as Chairman of the worked in the Cleveland Municipal School Dis- From his humanitarian work, to office’s re- Fairfax County Board of Supervisors. Through trict for 33 years. He is a co-founder of the nowned constituent services, to his consist- that effort, he worked to help expand rental district’s bilingual program, the Mental Health ently passionate legislative work on Capitol and home ownership opportunities for low-in- Suicide Prevention Center and the Urban Hill, Senator Helms, North Carolina’s longest come families. Bill and I also worked together Community School. serving Senator was a man well deserving of on my homeless prevention initiative, and he Mr. Speaker and colleagues, please join me this honor. He was a great North Carolinian continues to serve on the governing board of in honoring the leadership and outstanding and a great American. For these reasons, it is the Partnership to Prevent and End Homeless- achievements of Mr. Gumucio for his work in appropriate to ensure that future generations ness. Thanks to the efforts of Bill and the the Greater Cleveland Community and com- remember his legacy by having this building Partnership, Fairfax has been one of the few mitment to MetroHealth and the Hispanic com- bear his name. communities to actually reduce homelessness munity. f during the Great Recession. f And, of course, Bill is active with Devotion RECOGNIZING BILL LAUER FOR to Children. During the past decade, Bill has KENT FISHER HIS LIFETIME OF CONTRIBU- worked to expand awareness of the growing TIONS TO THE NORTHERN VIR- need for affordable child care and early child- HON. SAM GRAVES GINIA COMMUNITY hood resources, and he has not only sup- OF MISSOURI ported those efforts with his own resources HON. GERALD E. CONNOLLY IN THE HOUSE OF REPRESENTATIVES but also recruited his colleagues in the private Tuesday, December 11, 2012 OF VIRGINIA sector to join in the cause. Bill also has helped IN THE HOUSE OF REPRESENTATIVES develop new partnerships with Devotion to Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize Kent Fisher, a Tuesday, December 11, 2012 Children, Reston Interfaith and the Reston YMCA, including an evening child care pro- dedicated public servant and community lead- Mr. CONNOLLY of Virginia. Mr. Speaker, I gram to help those parents taking nighttime er from Atchison County, Missouri. rise to recognize William H. ‘‘Bill’’ Lauer for re- classes. Kent Fisher has served as Atchison County ceiving Devotion to Children’s Community Mr. Speaker, based on Bill’s lifetime of pro- South District Commissioner since November Legacy Award. As a native of the Washington fessional and charitable accomplishments, this of 1998, filling a two-year unexpired term fol- area, Bill has followed the age-old advice to recognition could easily have been renamed lowed by re-election to three subsequent four ‘‘bloom where you are planted’’ and set a the ‘‘devotion to community’’ award. I want to year terms. During his tenure as an elected of- model example for using your talents to help personally thank Bill for his tireless efforts to ficial, Kent has served Atchison County’s citi- not only yourself but also your neighbors. assist at-risk families and children across zens through numerous natural disasters and Devotion to Children is a Northern Virginia Northern Virginia, and I ask my colleagues to reconstruction efforts including Presidentially- nonprofit organization dedicated to working join me in congratulating Bill on this well-de- declared disasters for flooding and ice storms. with other community partners to provide high- served recognition. His work is a reminder to He has been an instrumental part of the re- quality education and child-care programming us all that our community’s strength and suc- construction efforts, collaborating with local, for low-income families and children under the cess is the product of every child and every state and federal agencies to secure grant age of six. The Legacy award is presented an- family having an opportunity to succeed. funding and ensure the county rebuilds and nually at its Red, Heart and Soul Gala to rec- f prospers. ognize someone who has promoted public Kent has been involved with various organi- awareness of the organization and local IN HONOR OF MR. OSCAR GUMUCIO zations for the betterment of the citizens of needs, provided funding for programs and Atchison County and Northwest Missouri, in- services, collaborated with other community HON. DENNIS J. KUCINICH cluding serving as a board member of Com- organizations to support local children, or en- OF OHIO munity Services of Northwest Missouri, the gaged in other activities that support the orga- IN THE HOUSE OF REPRESENTATIVES Fairfax Kiwanis Club, Fairfax Lodge #483, nization’s mission. Bill Lauer has done each of Scottish Rite Bodies of St. Joseph, and the Tuesday, December 11, 2012 those and so much more. Moila Shrine Temple. Kent is also a Leader- To many people, Bill may be known more Mr. KUCINICH. Mr. Speaker, I rise today in ship Northwest Missouri Graduate, and Past for his professional accomplishments. He has honor of Mr. Oscar Gumucio a profoundly re- President of the Northwest Missouri Commis- spent the last four decades working in the res- spected friend, leader and advocate of the sioners Association. idential and commercial real estate market. Bill Greater Cleveland Community, and in recogni- Mr. Speaker, I proudly ask you to join me in worked for some of the region’s premier tion of his dedication to civic engagement, commending Kent Fisher for his service to the homebuilders early in his career, including education and health care. citizens of Atchison County and Northwest Gulf Reston, which led the visionary develop- As the educational specialist for the Missouri. It is an honor to have had the oppor- ment for the new town of Reston. Bill founded MetroHealth Pediatric Hispanic Clinic, Mr. tunity to work with Kent for the betterment of Tetra Partners in 1981 and has amassed a Gumucio is the advocate for Hispanic children Atchison County and Northwest Missouri. It is distinguished record in the real estate industry. when they need help with medical, psycho- an honor to serve Kent in the United States He is a former president and Life Director of social or even school issues. Many times, lan- Congress. the Northern Virginia Building Industry Asso- guage and cultural barriers make it hard for f ciation, which recognized him with its highest Hispanic immigrants to stay healthy or excel in honor, the Emil Keen Award, for 25 years of school; Mr. Gumucio does everything he can A TRIBUTE TO ALICE HAIGAZIAN exemplary work within the industry. He is a to remove those barriers or help children over- BERMAN past president and board director for the Na- come them. tional Association of Industrial and Office Mr. Gumucio developed his sincerity and HON. CLIFF STEARNS Properties Northern Virginia Chapter. He also devotion to the betterment of others when he OF FLORIDA has played a role with several of the local was a Jesuit priest in the Catholic Church. His IN THE HOUSE OF REPRESENTATIVES chambers of commerce and was a charter compassion for the less fortunate, profound member of the Northern Virginia Transpor- knowledge of human behavior and love for ev- Tuesday, December 11, 2012 tation Alliance. eryone he meets have made him a highly re- Mr. STEARNS. Mr. Speaker, I submit the Those are no doubt noteworthy achieve- spected person in Cleveland’s educational, following: ments, but it is Bill’s charitable activities that health and religious communities. June 25, 1925–November 12, 2003. have proven invaluable to the community and Born in Bolivia, Mr. Gumucio received his Teacher, mentor, beloved mother and that serve as an inspiration to a new genera- Doctorate in Philosophy and Master of Divinity daughter.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K11DE8.012 E11DEPT1 jbell on DSK7SPTVN1PROD with E1902 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 2012 ‘‘A lady of grace and nobility. A legacy of in- tory Commission Awards recipients and in schools as an advocate for the Individuals with spiration and passion.’’ commending the Commission’s continued ef- Disabilities Education Act, ensuring services to Alice Haigazian Berman, first generation forts to preserve, identify, document and children with disabilities. He also addressed American daughter of Armenian immigrants, record the history of Fairfax County. the needs of the Spanish speaking community Avedis and Baidzar Haigazian. She was born f with programs to help early language learners, in Chicago, lived in Los Angeles, New York and promoted the School to Careers program. City, Ocala Florida. Wife of Harry Berman of IN HONOR MR. FRED ZIWICH During his tenure, the Board passed four the Music Corporation of America. Mother of parcel taxes enabling them to build a new pool Lloyd Berman Bellows. HON. DENNIS J. KUCINICH and a stadium for two high schools, improve Alice was a tenacious advocate for recogni- OF OHIO their IT infrastructure, make classroom up- tion of the 1915 Genocide that took the lives IN THE HOUSE OF REPRESENTATIVES grades, and place solar arrays on nearly every of over one and a half million Armenians, in- school. Those years also saw improved test Tuesday, December 11, 2012 cluding several members of her mother’s fam- scores and college admission rates including ily. She was a classical Ballet instructor, a Mr. KUCINICH. Mr. Speaker, I rise today in to the highest ranked colleges such as the UC champion of the arts, a horse breeder, a reg- honor of Mr. Fred Ziwich, who is one of the Berkeley, Harvard, Princeton, UCLA and Stan- istered securities broker. She wrote radio copy country’s prominent polka musicians. ford. as a student. She appeared in traveling theat- Mr. Ziwich began playing the accordion at Mr. Speaker, as John steps down as Trust- rical productions that included such personal- the young age of five. In 1977, at the age of ee, I know that the many projects, issues, and ities as Bob Hope, Harvey Korman and Dom 14, he began studying the clarinet and formed problems that he helped tackle and solve have Deluise. Alice was a mentor of young people his band, the International Sound Machine. made the school district a better place for and an inspiration and role model for all. Her Mr. Ziwich also began playing the button box learning and growing. His guidance enriched character and undying spirit will be missed by in high school. Later, he would earn a Bach- the lives of the students, as well as the Mon- all who knew her and all those whose lives elor of Music Education degree from Indiana terey Bay region as a whole, and I know the she touched. University. whole House joins me in thanking John for his years of leadership in public education—well f As a child, Mr. Ziwich was heavily influ- enced by Slovenian polka artists, Johnny done! RECOGNIZING RECIPIENTS OF 2012 Pecon and Eddie Stampfl. He transformed that f FAIRFAX COUNTY HISTORY COM- influence into a polka style that is unique and INTRODUCTION OF GLOBAL MISSION AWARDS well-received throughout the world. Mr. Ziwich PARTNERSHIPS ACT OF 2012 is best known for his Viennese Waltzes and HON. GERALD E. CONNOLLY Slovenian Polkas. He is an accomplished mu- HON. HOWARD L. BERMAN OF VIRGINIA sician who is proficient at playing the accor- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dion, button box, saxophone, clarinet, flute and drums among others. Throughout his ca- IN THE HOUSE OF REPRESENTATIVES Tuesday, December 11, 2012 reer in the music industry he has collaborated Tuesday, December 11, 2012 Mr. CONNOLLY of Virginia. Mr. Speaker, I with artists such as Hank Haller, Don Lipovac Mr. BERMAN. Mr. Speaker, today I am rise today to recognize the efforts of local Fair- and Adam Barthalt. pleased to introduce the Global Partnerships fax County historians and to congratulate the A full-time musician, Mr. Ziwich has contin- Act of 2012, a bill to establish a framework for recipients of the 2012 Fairfax County History ued to play the accordion with the Inter- effective, transparent, and accountable United Commission Awards. national Sound Machine for more than thirty States foreign assistance. Established in 1969, the Fairfax County His- years. In 2007, the band was nominated for a This legislation represents the culmination of tory Commission continues to pursue its goal Grammy Award. In addition to being an inter- nearly five years of effort, starting in March of helping to identify, document, record, and national Grammy nominee, Mr. Ziwich has 2008 when I assumed the chairmanship of the preserve Fairfax County’s historic past. Most been honored on numerous occasions by the Committee on Foreign Affairs. In reviewing the recently, the Commission has focused on local National Cleveland-Style Polka Hall of Fame. vast array of issues and problems that de- aspects of the Civil War Sesquicentennial. The He is the recipient of accolades which include manded the Committee’s time and attention, I Commission consists of a 20 member board being named the Musician of the Year, Button decided that reform of our antiquated foreign appointed by the Fairfax County Board of Su- Box Musician of the Year and producing the aid system should be high on the agenda. pervisors. Recording of the Year. At a time when our headlines are dominated The History Commission annually recog- Mr. Speaker and colleagues, please join me by urgent crises and new openings abroad— nizes research and achievements in Fairfax in honoring Mr. Fred Ziwich, a polka legend whether it’s the rebellion in Syria, the humani- County history as well as historic preservation. from Northeast Ohio. tarian catastrophe in Congo or the transition in It is my honor to enter the names of the fol- f Burma—some have questioned why I would lowing 2012 recipients of the Fairfax County choose to focus on foreign aid reform. The an- History Commission Awards into the CON- IN HONOR OF JOHN T. COLLINS swer is really quite simple: because our for- GRESSIONAL RECORD: eign assistance laws have a significant impact The Nan Netherton Award: C. Denise Bar- HON. SAM FARR on our ability to respond to all of those events. rett for her work in chronicling the history of OF CALIFORNIA Regrettably, over the past few years we the Lakewood Estates neighborhood in South- IN THE HOUSE OF REPRESENTATIVES have witnessed an increasingly destructive west Fairfax Country. and divisive assault on our foreign assistance Tuesday, December 11, 2012 The C.J.S. Durhan Award: Lisa Friedrich program and on U.S. international engage- Becker for her nomination of the Sydenstricker Mr. FARR. Mr. Speaker, I rise today to rec- ment more broadly. It is easy to find fault with School to the National Registry and efforts to ognize Mr. John T. Collins, II, MPH who the current system, but rather than taking renovate that site. served for the past ten years as an elected cheap shots and mindlessly slashing pro- The Beth Mitchell Award: David G. Farmer Trustee of the Santa Cruz City School Board. grams, I believe it is incumbent upon us to for his collection of Flint Hill Cemetery records A native of Santa Cruz, California, Mr. Collins find a responsible way to fix them. going back to 1875. earned his Master of Public Health Degree It makes no sense that, under the current The Distinguished Service Award: Evelyn from San Jose State University, and his Bach- system, it is almost impossible to give small Fox for her work on the play and subsequent elor of Science Degree in Health and Human grants directly to local groups that are leading video ‘‘Capitan John Smith: A History of Services Administration from Southern Illinois the way towards peaceful, democratic change. McLean & Great Falls, Virginia.’’ University, Carbondale. In addition, I am hon- Our and development professionals The Lifetime Achievement Award: Suzanne ored to know John on a personal level as a shouldn’t have to sit at their desks writing re- Levy for her more than 30 years of service in dear friend. ports that duplicate information that is easily the Virginia Room of the Fairfax City Library As the Senior Vice President of Workforce available on the Internet. There ought not to and her devotion to promoting history, gene- Development Programs to Goodwill Industries be situations where two agencies are doing alogy and historical preservation. of Santa Cruz, Monterey and San Luis Obispo the same thing in the same place and aren’t Mr. Speaker, I ask my colleagues to join me Counties, Inc. John brought his passion for even aware of it—or worse yet, undermining in congratulating the 2012 Fairfax County His- creating opportunities into the Santa Cruz each other’s efforts.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K11DE8.014 E11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1903 I recognize that there have been many at- have successfully pioneered this approach. State and USAID created the Foreign Assist- tempts over the years to correct the problems Congress would be consulted from the outset, ance Dashboard, a website that enables users with U.S. foreign assistance, which include bu- to build consensus over goals and priorities to examine, research, and track aid invest- reaucratic fragmentation, program incoher- and establish agreement on what would con- ments in a standard and easy-to-understand ence, and obsolete, inconsistent and rigid stitute success. format. laws. I regret that this process has taken To make this transformation, this bill brings But each of these initiatives needs to be much longer, and proven much more com- more facts and evidence into the foreign aid codified, accelerated and expanded. Without plicated, than I originally anticipated. The easy process. Whether the purpose of our aid is to legislation, these improvements could be ter- road would be to leave foreign aid reform to promote economic growth, stabilize a fragile minated or rolled back at any time. And none the Administration, and wash our hands of any peace, or ensure that a long-time ally is able of them contain any requirement or standards responsibility to update and repair the laws to defend itself, our funding decisions should for congressional consultation. under which these programs are carried out. be based on reliable information about impact Through legislation, we engage in a process But such inaction is neither wise nor con- and performance rather than on hunches and of give-and-take, consensus and compromise sistent with our obligations as lawmakers. intuition. Without solid empirical data about that is absent when the Administration charts The bill I submit today lays the foundation what works, it is impossible to ensure that our its own course. Proceeding without congres- for real progress. It sets forth a comprehen- money is being effectively spent and achieving sional buy-in only increases the chances that sive framework for advancing American inter- the desired results. And without evidence that each initiative will be second-guessed, blocked ests by working in cooperation with other our programs are having a significant, positive or reversed. And it risks triggering the same countries to make our world a better, safer impact, we will lose the support and con- vicious cycle that created this vast web of con- place. fidence of the American people. voluted rules and tortuous procedures, leading The Global Partnerships Act of 2012 re- There is a danger, of course, that the desire to waste, inefficiency, and increasing paral- places both the Foreign Assistance Act of for tangible results could be misconstrued as ysis. 1961, which covers economic and develop- a preference for short-term gains that can be To overcome the fear and inertia that have ment assistance, and the Arms Export Control quantitatively measured. This would be a made progress on reform so elusive, we must Act, which deals with arms sales and military grave mistake. Development is a long-term begin by building public awareness and clear- aid. Together, these Acts, like this proposed process, and no amount of goal-setting, indi- ing up misperceptions about foreign assist- rewrite, cover the full spectrum of foreign as- cator-selection, or measurement will give us a ance. Many Americans think that foreign as- sistance programs, from development and de- quick win. Objectives like promoting democ- sistance accounts for 15 to 20 percent of the federal budget, when in truth it’s just 1 per- mocracy to peace and security. Each type of racy are notoriously difficult to measure, and cent, and less than half of that goes for hu- assistance has its own title in the bill, which impossible to impose from without. We must manitarian and development programs. People describes the specific purposes, goals and ob- always remember that monitoring and evalua- who don’t understand what foreign assistance jectives to be achieved. tion are tools to an end, not substitutes for does or how it helps them, or who have no This bill is the result of a long and complex good policy. process involving repeated consultations with The bill also aims to make aid more stra- confidence that it works, are unlikely to sup- port it, particularly in this economic environ- interested groups, relevant committees, inter- tegic, in the sense of having a clear goal and ment. The failure to communicate the impor- national partners, and federal agencies. We a plan and timetable for pursuing it. We still tance of foreign assistance only leads to calls held hearings and roundtable discussions, need to preserve flexibility to respond quickly issued concept notes and discussion papers, for more cuts while ignoring the real solutions. to changing situations on the ground. But for In this period of belt-tightening and eco- solicited written feedback, visited programs in the most part, our aid suffers from a lack of nomic uncertainty, some seem to think that the field, and read the academic research. clarity on what constitutes success and how foreign assistance is a luxury we can no Last September, we posted a draft bill on the we will know when we achieve it. longer afford. However, with one out of five Committee website and received detailed We also need to provide much greater American jobs tied to international trade, and comments from hundreds of organizations, transparency about what we are doing—not our fastest growing markets—accounting for both individually and as coalitions. This bill en- only for the American public, who deserve to roughly half of U.S. exports—located in devel- capsulates not only the direct feedback we’ve know how their taxpayer money is being oping countries, America can’t afford a course received in those forums, but also many of the spent, but also for the intended beneficiaries, of isolation and retreat. Our economic fate is recommendations of the Presidential Policy Di- who can tell us whether the aid is reaching interconnected with the rest of the world, and rective on Global Development and the Quad- them and meeting the agreed objectives. the collapse of developing economies will un- rennial Diplomacy and Development Review, Let me say a few words about what is not avoidably mean our own decline. or QDDR. included in this legislation. The first thing is For all these reasons, it’s time to overhaul The most fundamental change that this bill spending levels. The bill contains no author- not just the legislation, but also the terms of would make is to transform the donor-recipient izations of funds, no mandatory spending, no the debate on foreign assistance. We must relationship to one of equal partners working entitlements, no recommended levels of ap- recognize the historic achievements that have toward mutually agreed and mutually bene- propriations. It is designed to change the way occurred with the help of our foreign aid pro- ficial goals. Instead of dictating what needs to we provide assistance, rather than to dictate grams—the eradication of smallpox from the be done from Washington, we will listen to how much or to whom. It would not supersede face of the earth, the Asian miracle that began what our local partners and our own develop- the regular authorization and appropriations with the Green Revolution, the millions of lives ment professionals are saying, and we will process. that have been saved and the human rights hold both sides accountable for achieving re- Second, for the most part we did not include that have been won. Of course, aid alone can- sults. Instead of doing things ‘‘for’’ another country-specific or region-specific provisions, not solve all the world’s problems, but it is one country, we will build their capacity for self-reli- which would distract from the main purpose of of the best, safest and least expensive tools at ance. Sometimes our partners will be national creating a new structure for assistance. Ex- our disposal. governments; other times we will join up with cept for a few key sections, most of which Today, more than ever, our health, security, non-governmental organizations, businesses were part of the old Foreign Assistance Act and prosperity depend on a world in which or local communities. But our aid is unlikely to and required continuation, we have tried to basic human needs are met, fundamental have a long-lasting impact unless the people write a generic framework that can withstand rights and freedoms are respected, conflicts most directly affected feel they have a stake in the test of time. are resolved peacefully, and the world’s re- its success. That’s what we call ‘‘country own- It is true that some of the reforms I have sources are used wisely. There is no escaping ership’’, and that’s why we’re calling this the mentioned are already being implemented by our obligations to help foster this environment. ‘‘Global Partnerships Act’’. the Administration. USAID has reinstituted a Not only are we morally bound to do so, but Second, this proposal would convert assist- process for developing 5-year country strate- our economic and political interests demand ance from an input-oriented process, where gies, with clearly defined goals and indicators. that we address widespread poverty and the primary issue is how much we spend, into The Millennium Challenge Corporation has chaos in the world. an outcome-oriented process, where the focus just released its first set of rigorous, inde- Our creditors and competitors understand is on what we achieve. Two programs that pendent impact evaluations, which provide im- this. China is aggressively investing in the were initiated by the Bush Administration—the portant lessons for the broader development very countries that steep budget cuts may HIV/AIDS effort known as PEPFAR, and the community. And under the policy guidance of force us to abandon. We will soon come to re- Millennium Challenge Corporation or MCC— the National Security Staff, the Department of gret it if we fail to share our knowledge and

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K11DE8.020 E11DEPT1 jbell on DSK7SPTVN1PROD with E1904 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 2012 promote our values in the very places where down, or homerun and paste it in a scrapbook Since coming to Cleveland, Steve became a they are in greatest demand. for the next generation to enjoy. member of the Board of Directors of Positively I have said it before but it bears repeating: The News & Messenger, and the Potomac Cleveland (formerly the Convention and Visi- aid is not a gift. The United States provides News and the Manassas Journal Messenger tors Bureau) and is a graduate of Leadership foreign assistance because it serves our inter- before it, have served a vital role in Prince Cleveland. Steve strongly believes in ests. Helping countries become more demo- William County for generations. Over the dec- ecotourism as a way to help wildlife and wild cratic, more stable, more capable of defending ades, the paper’s reporters and editors made places. Together with his wife Sarah, who is themselves and better at pulling themselves it their business to become experts on their the Controller for the Cleveland Indians, he out of poverty is just as important for us as it Prince William community, its government, has led numerous ecotourism trips to Africa, is for them. Our task therefore, is to make and its characters. They’ve had the unique Costa Rica, and Australia. sure that we provide this assistance in the role of digging deep into the fabric of their Mr. Speaker and colleagues, please join me most efficient and effective way. community and reporting what they saw in an in wishing Steve much success in his retire- The Global Partnerships Act of 2012 is the unfiltered manner and without interference. ment and the next phases of his life and ca- first comprehensive proposal to adapt our laws Since Prince William voters elected me to reer. to reflect the lessons we’ve learned over the Congress, I’ve had the pleasure of dealing f past 50 years. Previous reform efforts in the with the News & Messenger and Potomac REGARDING THE IMPACT THAT early 1990s sought to revise and streamline News reporters and editors on many issues, SEQUESTRATION AND OTHER our statutes and repeal Cold War barnacles, and the honor of winning the endorsement of BUDGET DECISIONS WOULD but they did not fundamentally alter the way the paper’s editorial board. I can say, un- HAVE ON CHILDREN AND THEIR that we plan, manage, and carry out assist- equivocally, that the staff of the News and FAMILIES ance programs. I recognize that there is not Messenger were professionals in every sense enough time to consider and pass this legisla- of the word and they’ve made lasting contribu- tion in what remains of the 112th Congress. tions to the community they have served. HON. GEORGE MILLER However, I believe this legislation offers a To Keith Walker, Aleks Dolzenko, Kari OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES valid and constructive starting point for the fu- Pugh, Kip Hanley, Amanda Stewart, and all of ture, and that is why I am so pleased that my the other staff members, past and present, Tuesday, December 11, 2012 distinguished colleague and good friend from who gave life and breath to the News & Mes- Mr. GEORGE MILLER of California. Mr. Virginia, Mr. CONNOLLY, is joining me in intro- senger, I say thank you for a job well done. I Speaker, I rise today to make my colleagues ducing the bill today. He is well-acquainted also wish you the best of luck in your future aware of a letter I was recently presented from with the Foreign Assistance Act of 1961 and endeavors. Members-elect from California who are con- acutely aware of the need for reform, and I am As the News & Messenger’s 143-year run cerned about the impact of impending budget confident that he will take a leadership role in draws to a close, I join with Prince William decisions on infants, toddlers, preschoolers moving this process forward in the next Con- residents in bidding farewell to this venerable and their families in California and throughout gress. publication. The newspaper will be missed, the Nation. I commend our colleagues for this f and most of us won’t realize how much we letter and I share their concerns. miss it until it’s gone. The letter, signed by 11 Representatives- WE WON’T REALIZE HOW MUCH f elect from California, led by Rep.-elect Julia WE MISS THE NEWS & MES- Brownley with the support of First 5 LA high- SENGER UNTIL IT IS GONE IN HONOR OF MR. STEVE H. lights the impact of sequestration on children TAYLOR in California and urges Congress to ‘‘protect HON. GERALD E. CONNOLLY the youngest among us.’’ OF VIRGINIA HON. DENNIS J. KUCINICH I join the Members-Elect in urging Congress IN THE HOUSE OF REPRESENTATIVES OF OHIO to champion the needs of our most vulnerable IN THE HOUSE OF REPRESENTATIVES population—our children—as we consider the Tuesday, December 11, 2012 pending decisions regarding the budget. Mr. CONNOLLY of Virginia. Mr. Speaker, I Tuesday, December 11, 2012 The full text of letter is copied below. Sign- share the pain of the many Prince William Mr. KUCINICH. Mr. Speaker, I rise in honor ers include Representatives-elect JULIA County residents and activists who are mourn- of Steve H. Taylor, the Director of the Cleve- BROWNLEY (CA–26), SCOTT PETERS (CA–52), ing the loss of the News & Messenger. land Metroparks Zoo. Steve, who is also a ALAN LOWENTHAL (CA–47), RAUL RUIZ (CA– For the first time in 143 years, the Prince constituent and resident of Rocky River in 36), MARK TAKANO (CA–41), JARED HUFFMAN William community will no longer have a daily Ohio’s 10th Congressional District, is retiring (CA–02), AMI BERA (CA–07), TONY CARDENAS ‘‘newspaper of record’’ to document the births, on December 4, 2012. (CA–29), GLORIA NEGRETE MCLEOD (CA–35), deaths, and daily comings and goings of life in Steve became Director of the Zoo in Janu- JUAN VARGAS (CA–51), AND ERIC SWALWELL this vibrant county of nearly half-a-million peo- ary, 1989. Immediately, he worked on and (CA–15). ple. completed the popular RainForest in Novem- CONGRESS OF THE UNITED STATES, A community newspaper serves many roles ber 1992. Since then, the Zoo has opened Washington, DC, November 28, 2012. for its readers. It is a necessary watchdog on several major new exhibits, including Wolf Wil- U.S. HOUSE OF REPRESENTATIVES, local government. Its pages chronicle the tri- derness and Australian Adventure. In addition, U.S. SENATE. DEAR COLLEAGUE: In January, we will take umphs and defeats of a community and its the Zoo renovated all its food and gift facilities, office in the 113th Congress, Joining many of citizens. Its opinion pages reflect the varied built the Reinberger Education Center, and you to work together to address the pressing views of county residents on issues of con- opened the $10 million Sarah Allison Steffee issues facing our constituents and the na- cern. It showcases the exploits of generations Center for Zoological Medicine and the adja- tion. Today we write, in advance, to share of high school athletes and awards bestowed cent Rising Waters Safari Camp. our concern about the impact of sequestra- on student scholars. And it provides a portal Steve has a passion for zoos and their con- tion and other budget decisions in the days for local businesses to advertise their wares servation mission. He is active professionally ahead on infants, toddlers, preschoolers, and and services and local organizations to pro- and was on the Board of the Association of their families in California and throughout the nation. mote their activities. Zoo and Aquarium (AZA) between 1987 and According to the a report issued by Chair- No longer will the people of Prince William 1993. He is an active member of the World man of the Senate Appropriations Sub- have a daily newspaper they can turn to and Zoo and Aquarium Association. He has visited committee on Labor, HHS, Education and find out what happened at the previous night’s more than 210 of the 223 AZA accredited Related Agencies Appropriations, allowing Board of Supervisors, planning commission, or zoos and aquariums in North America, many the automatic scheduled cuts to take effect school board meetings. No longer will report- of which were as chair of their accreditation the day before we enter into office would ers localize the actions of the Congress or the visiting team. A California native, Steve was mean that 120,000 young children and their mothers in California will lose vital nutri- White House so their readers understand how Director of the Sacramento Zoo, Children’s tion benefits through the WIC program and national policies and legislation will affect the Zoo Manager for the San Francisco Zoological more than 11,900 Infants, toddlers and pre- county and its citizens. And no longer will Society, and Animal Keeper and Associate schoolers in the state would be without Head proud parents be able to clip a story or photo Curator at the Los Angeles Zoo before coming Start services proven to alter their life tra- about their child’s game-winning goal, touch- to Cleveland. jectory and increase the chance that they

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K11DE8.020 E11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1905 will complete college, get a good job and be- a part of the UNC System and the establish- Born on January 8, 1945, Yvonne Kennedy come productive, contributing citizens. Fur- ment of the North Carolina Zoo in Asheboro. received her B.S. from Alabama State Univer- ther, in California alone, 5,100 low-income He was also instrumental in bringing Interstate sity, an M.A. from Morgan State University in children would lose access to child care serv- 95 through Lumberton when it was originally ices which their parents rely on to help them Baltimore, Maryland, a Ph.D. from the Univer- work to support their families. built. In 1997, it was my honor to lead the ef- sity of Alabama, and an Honorary Doctorate of Today, children under the age of 5 rep- fort to designate that portion of I–95 which is Letters from Lane College in Jackson, Ten- resent 12 percent of our national population, in the city limits of Lumberton as the ‘‘Hector nessee. but 100 percent of our future. Cuts to pro- MacLean Highway.’’ After completing her education she returned grams that serve this critical population are During his life, Mr. MacLean contributed to to Mobile to teach English at Bishop State shortsighted and will result in larger costs numerous boards and civic groups, including Community College where she quickly as- down the line. serving as chairman of the board for St. An- sumed leadership roles, including assisting in We stand ready to work with you as col- drews Presbyterian College and on the boards the college’s efforts to secure full accredita- leagues next year to tackle the challenges for Peace College and Flora MacDonald Col- which face our nation—challenges which tion. know no partisan bounds. For now, know lege. First elected to the Alabama House of Rep- that, as your constituents, we stand behind Mr. MacLean has received numerous acco- resentatives in a special election in 1979, you with the interests of the youngest lades for his generosity and dedication to im- Representative Kennedy served nearly 34 among us in mind as you deliberate the fate proving the lives of others, including the UNC- years in Montgomery, placing her among the of our fiscal house and a burgeoning problem Chapel Hill’s Distinguished Service Award, most senior members of the Alabama legisla- which should not be left to address tomor- and honorary doctor of humane letters de- ture. row. grees at St. Andrews Presbyterian College In the State Capitol, she was an active and Collegially, and UNC-Pembroke. Mr. MacLean was in- influential member of the House Transpor- Incoming First Term Members-Elect in ducted into the N.C. Business Hall of Fame the California Delegation—Julia tation, Utilities and Infrastructure Committee, Brownley, Scott Peters, Alan and awarded the Order of the Long Leaf Pine, the Economic Development and Tourism Lowenthal, Raul Ruiz, Mark Takano, our State’s highest civilian honor. Mr. Speaker, Committee (Ranking Minority Member), and Jared Huffman, Ami Bera, Tony during his 92 years Hector MacLean proved the Children and Senior Advocacy Committee Cardenas, Gloria Negrete McLeod, himself a devoted and effective public servant (Ranking Minority Member). She was also Juan Vargas, Eric Swalwell. and a man of good character. He was a giant former Chairperson of the Alabama Legislative f of a man who touched so many lives in so Black Caucus. many ways—in church, community, and pro- Believing that public service also involved A TRIBUTE TO MR. HECTOR fessional life. MACLEAN engaging and preparing our youth for future He was also a devoted family man and dear careers, Representative Kennedy was a lumi- friend. He was my neighbor growing up, and nary in the Mobile education community. In HON. MIKE McINTYRE he was close friends with my mother, who was 1981, she assumed the presidency of Bishop OF NORTH CAROLINA also a banker, and my father, who was a fel- State Community College, serving until 2007. IN THE HOUSE OF REPRESENTATIVES low Elder at our church, First Presbyterian of She was the first African American woman to Lumberton. In fact, my father and I used to Thursday, December 11, 2012 head an Alabama state college. Under her substitute for Mr. MacLean and teach the Lacy leadership, Bishop State expanded its size Mr. MCINTYRE. Mr. Speaker, I rise today to McKenzie Bible Class, broadcast live over from one to three campuses. She was a mem- pay tribute to Mr. Hector MacLean, one of the local radio, in his absence when he was away ber of the Board of the American Association most influential leaders ever to live in my own on business trips. He was a mentor to me in- for Higher Education, and served as a Trustee hometown of Lumberton, North Carolina. Mr. asmuch as I sought his advice and counsel of Miles College. MacLean passed away on December 7, and when I first contemplated running for the She gave much of her time to organizations he will be remembered as a banker, lawyer, United States Congress. devoted to uplifting our youth. Most notably, World War II hero, mayor, state legislator, While Mr. MacLean chaired the Bicentennial she served as National President of Delta civic leader, philanthropist, Sunday School Celebration of both Lumberton and Robeson Sigma Theta Sorority, a non-profit organization teacher, and friend. He will be dearly missed. County in 1986–87, I chaired the Bicentennial devoted to economic and educational develop- Mr. MacLean was born Sept. 15, 1920, to Celebration of the U.S. Constitution for our ment, physical and mental health, and political Angus Wilton MacLean, who served as North county. Together, we worked on numerous involvement. She was active in the Junior Carolina’s governor from 1925 to 1929, and projects that we presented as joint celebra- Miss Scholarship Foundation and served as Margaret French MacLean in Baltimore. Mr. tions. He loved Lumberton, Robeson County, Youth Director for the Board of Christian Edu- MacLean grew up in Lumberton and grad- North Carolina, and our great country. cation of the Southeast Alabama Conference May we never forget the goodness, humility, uated from my own alma mater, Lumberton of the CME Church. She was also Chairman service, and character that defined the life of High School, in 1937. He then went on to of the Mobile County United Negro College Hector MacLean. May God continue to bless graduate from Davidson College with a Bach- Fund Campaign. all of his loved ones, the work he did, and the elor of Science degree in 1941. Representative Kennedy was a long-time greatness that he inspired within all who knew A courageous servant to his Nation during member of the Christian Methodist Episcopal him. World War II, Mr. MacLean served as a Cap- Church in Mobile. tain in General George Patton’s 3rd Army dur- f On behalf of the people of Alabama, I offer ing its successful campaigns in Europe. He TRIBUTE TO REPRESENTATIVE my personal condolences to the family and was honorably discharged with the rank of YVONNE KENNEDY many friends of Representative Kennedy. She Major and a Bronze Star Award in recognition was a good friend to many in our community of meritorious service in a combat zone. HON. JO BONNER where her selfless attention to the needs of Upon returning from military service, Mr. our young people changed many lives for the MacLean enrolled in law school at the Univer- OF ALABAMA IN THE HOUSE OF REPRESENTATIVES better. She will be greatly missed. sity of North Carolina at Chapel Hill, receiving f his LLB degree in 1948. He returned to Lum- Tuesday, December 11, 2012 berton to practice law, and his strong leader- Mr. BONNER. Mr. Speaker, it is with sad- IN RECOGNITION OF MARC A. ship in the community led to his being elected ness that I rise to note the untimely passing of CEVASCO Mayor of Lumberton (1949–1953). He became a beloved South Alabama leader who devoted president of the Bank of Lumberton, later her life’s work to advancing the cause of edu- HON. STEVEN R. ROTHMAN called the Southern National Bank, in 1953. cation among Alabama’s youth. OF NEW JERSEY He also served as president of the Virginia On December 8, 2012, the people of Mobile IN THE HOUSE OF REPRESENTATIVES and Carolina Southern Railroad Company. received the sad news that State Representa- Mr. MacLean continued as an effective lead- tive Yvonne Kennedy passed away at age 67 Tuesday, December 11, 2012 er when he was appointed to the North Caro- after a brief illness. Her family was reported to Mr. ROTHMAN of New Jersey. Mr. Speaker, lina Senate in 1961, where he served for 10 be by her side. She leaves behind a rich leg- I rise to recognize the exceptional service of years. During his tenure, he sponsored bills acy of leadership in both the Alabama Legisla- Marc Cevasco, who has served with great dis- that led to Pembroke State College becoming ture as well as in Alabama higher education. tinction on my staff for more than seven years.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A11DE8.011 E11DEPT1 jbell on DSK7SPTVN1PROD with E1906 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 2012 From his humble start as an intern in my Following his graduation from Mt. Diablo This unnecessary process of requiring work- Washington DC office to ultimately serving as High School in 1959, Bill entered the United ers to make two trips to enrollment centers, my Chief of Staff, Marc has demonstrated an States Navy and served our country with dis- which may be hundreds of miles from their unparalleled work ethic, poise under pressure, tinction. Upon his release, he returned to Con- home or workplace, has burdened American tremendous intelligence, and the highest moral cord and joined the Contra Costa County maritime and transportation workers since the character. Over the past seven years he has Sheriff’s Department as a Deputy Sheriff. He program’s inception in 2007. held nearly every position on my staff and, re- quickly worked his way up the ranks to Cap- The measure before us streamlines the pro- gardless of the task at hand, always ap- tain, managing the County Detention System gram by requiring DHS to develop a process proached his duties with the utmost profes- and security for Superior Court judges and to mail TWICs to approved applicants rather sionalism. Marc is truly one of the most effec- courthouses. than making workers return to an enrollment tive, reliable and ethical people I have ever During this time, Bill earned an Associate of center to do so. met. He is also indefatigable, as it was routine Arts from Diablo Valley College, a Bachelor of Unfortunately, however, this bill fails to fully for him to be the first one into the office in the Arts in Sociology and Criminal Justice from address a number of maritime security provi- morning and the last one to leave at night. Sacramento State University, and a Master of sions that passed in the House this Congress. As a member of my senior staff, Marc Business Administration from Golden Gate Nevertheless, on balance I support the leg- served as my primary policy advisor and di- University. In addition, Bill is a graduate of the islation before us today and in particular the rected the legislative staff. In addition, he was FBI National Academy. After 29 years serving provision to streamline the TWIC process for responsible for helping me with my top priority the people of Contra Costa County in law en- American workers. as a Member of Congress: ensuring the secu- forcement, Bill retired his badge to continue I urge Members to give it their support. rity of our country. In addition to all his other engaging in community work. f responsibilities, Marc served, brilliantly, as my In 2004, Bill was elected to the Concord PERSONAL EXPLANATION staffer on national security issues, managing City Council, beginning his third ‘‘career’’ in my work on the Defense Appropriations Sub- public service. He served on the County-wide committee. Committee on Ending Homelessness and HON. MIKE PENCE Marc was born in Belleville, New Jersey. His chaired the city’s Redevelopment Agency, the OF INDIANA parents, Andrew and Doreen Cevasco, raised East Bay Regional Communications System, IN THE HOUSE OF REPRESENTATIVES him and his sister, Alison, and his two broth- the County Parole Commission and the Con- Tuesday, December 11, 2012 ers, Andrew and Kevin, in Rutherford, New cord Human Relations Commission. Bill was Jersey. He attended St. Peter’s Preparatory Mr. PENCE. Mr. Speaker, I was unavoidably re-elected to City Council in 2008 and contin- absent and missed votes during the School in Jersey City, New Jersey and then ued work on issues important to his constitu- went on to earn a Bachelor of Arts in Political week of December 3, 2012. Had I been ents. Bill also served as Vice Mayor as well as present, I would have voted ‘‘aye’’ on rollcall Science and Philosophy from Loyola College Mayor of the City of Concord. in Baltimore, Maryland. While he worked long votes, 614, 615, 617, 618, 619 and ‘‘no’’ on As dedicated as Bill is to community serv- rollcall vote 616. hours in my office, Marc made time to further ice, he is equally devoted to his wonderful f advance his education, earning a Master’s De- family. He and his wife, Gale, raised two gree in National Security and Strategic Studies daughters and now enjoy the company of their HONORING THE SERVICE OF CARO- from the United States Naval War College in four grandchildren. LYN FOSTER TO FAIR WIS- 2010. Marc and his wonderful wife, Jenna Mr. Speaker, I invite this chamber to join me CONSIN Grant Cevasco, were married last June and in honoring Councilman William Shinn for his they are expecting their first child next spring. life-long service to our nation, our county and HON. TAMMY BALDWIN Prior to joining my staff, Marc served in the our community; and to join his family, friends Jesuit Volunteer Corps in Sacramento, Cali- OF WISCONSIN and colleagues in congratulating him on a IN THE HOUSE OF REPRESENTATIVES fornia. He worked at a transitional housing highly successful career. We wish Bill the very Tuesday, December 11, 2012 agency for homeless individuals who suffered best as he begins a well-deserved retirement. with mental illness and substance abuse. Marc f Ms. BALDWIN. Mr. Speaker, I rise today to has not forgotten these experiences working recognize Carolyn Foster for her service to with the overlooked and marginalized in our AMENDMENTS TO H.R. 2838, THE Fair Wisconsin, and by extension, all lesbian, society and he carried the ideals of service COAST GUARD AUTHORIZATION gay, bisexual, and transgender Wisconsinites. and social justice with him to his work on Cap- ACT OF 2012 Fair Wisconsin is the statewide advocacy itol Hill. organization for LGBT individuals and families. Marc has provided indispensable leadership HON. BENNIE G. THOMPSON Its mission is to advance, achieve, and protect to my staff and has been a trusted voice of OF MISSISSIPPI equality for all LGBT citizens of Wisconsin. counsel to me. He has my deepest respect IN THE HOUSE OF REPRESENTATIVES Ms. Foster joined the Fair Wisconsin staff in and greatest appreciation for all of the many 2009 as the organization’s accountant, at a contributions he has made to my office and Tuesday, December 11, 2012 challenging time for the organization. the well-being of my constituents and our Mr. THOMPSON of Mississippi. Mr. Speak- She has ably assisted the organization in country. er, I rise in support of the legislation before us bringing order, stability, and consistency to its Mr. Speaker, I would like to formally and for- today to authorize the activities of the United financial recordkeeping, policies, and proce- ever thank Marc Cevasco for his service to States Coast Guard. dures, which has made a critical difference in me, to the House of Representatives, to his While I am dismayed that the measure does the overall management of the organization. home state of New Jersey, and to his country. not include broader provisions to authorize the She has been key to good financial manage- f Coast Guard’s important homeland security ment and stewardship of the organization’s re- RECOGNIZING MR. WILLIAM SHINN missions, I am pleased that it provides a sources. much-needed and long overdue refinement to In the face of dealing with a terminal illness, HON. GEORGE MILLER the Transportation Worker Identification Cre- Ms. Foster brings a strong sense of responsi- dential program. bility and an incredible work ethic to her work, OF CALIFORNIA The Transportation Worker Identification as well as a quick wit and warm regard for her IN THE HOUSE OF REPRESENTATIVES Credential (TWIC) program, administered by co-workers. The boards of directors and the Tuesday, December 11, 2012 the Transportation Security Administration staff of Fair Wisconsin are in awe of her te- Mr. GEORGE MILLER of California. Mr. (TSA) and Coast Guard, is focused on pro- nacity, her dedication, and conscientiousness, Speaker, I rise today to recognize Mr. William tecting the Nation’s maritime transportation fa- and her strong and positive spirit. She is an Shinn as he retires after 45 years in public cilities and vessels by requiring workers who invaluable and deeply valued member of the service to the people of Contra Costa County need unescorted access to secure port facili- Fair Wisconsin team. and the City of Concord. Bill Shinn has been ties to obtain a biometric identification card. As a founder of Fair Wisconsin, I wish to ex- known throughout the community as a man of Currently, workers must travel to TWIC en- tend my deep appreciation to Carolyn Foster integrity, and he has served with uncommon rollment centers to enroll in the program and for her service to the organization and the selflessness; we are all beneficiaries of his ef- then make a second trip to pick up and acti- cause of equality for LGBT Wisconsinites. I forts. vate their approved TWICs. wish her all the best.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A11DE8.014 E11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1907 CONGRATULATING MOBILE’S UMS- Easton Russ, Gunner Roach, John Watts, A TRIBUTE TO MR. WALLACE WRIGHT FOR CAPTURING 4–A Gordan Stimpson, D’andre Smith, Allen Ladd, LEINWAND FOOTBALL TITLE Jack White, Timothy Shaw, Jaylon Jones, Hunter Lanier, Champ White, Johnathan HON. JO BONNER Thornton, Jawon McDowell, Benjamin Radcliff, HON. MIKE McINTYRE OF ALABAMA Henry Vanhaneghan, John Pipes, Dex Harvey, OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Cutter Stimpson, Kemper Sarrett, Thomas IN THE HOUSE OF REPRESENTATIVES Tuesday, December 11, 2012 Harmon, Walker Chandler, Thomas Taylor, Tucker Powell, Christopher Majure, Kyle Pugh, Tuesday, December 11, 2012 Mr. BONNER. Mr. Speaker, I rise to con- Cory Fillingim, Nelson Lyons, Christopher gratulate Mobile’s UMS-Wright Preparatory Quinnelly, Forbes Sirmon, Kahlil Traywick, Mr. MCINTYRE. Mr. Speaker, I rise today to School for a hard-fought season and a tre- Bobby Weinacker, Landon Powell, Christian pay tribute to Mr. Wallace Leinwand, of Eliza- mendous victory to capture the Alabama High Hollinghead, Brett Patterson, Glen Barlow, bethtown, North Carolina, for his commitment School Athletic Association’s (AHSAA) 4–A Charles Roush, Andrew Howell, Tyler and service to his community. Mr. Leinwand football championship. Guesnard, Gus Addison, Jacob Hurdle, Jack was a public servant, community business- On December 7, 2012, the UMS-Wright Blankenship, Thomas Iturbe, John Mostellar, man, devoted family man and a dear friend to Bulldogs (13–2) defeated the Oneonta Red- Garrett Hollinghead, Charlie Hon, Timothy me and my family. Mr. Leinwand passed away skins (14–1) by a resounding 42 to 14 margin. Squires, Blakely Addison, Hayden Williams, on December 6, 2012, and he will be dearly Reaching the pinnacle of gridiron achieve- Will Baynes, Andrew Bradley, Ethan Jones, missed by all who knew him. ment is familiar territory for the Bulldogs. Marvin Mostellar, Emerson Majure, Trenton UMS-Wright has appeared in the AHSAA state Mr. Leinwand was born in Branchtown, Fowler, Breland Meador, and Chauncey South Carolina, but moved to Elizabethtown, championship game on seven different occa- Callier. sions, winning six (’87, ’01, ’02, ’05, ’08, ’12). North Carolina at the age of 13. He served in UMS-Wright has more division 4–A state ti- f the United States Air Force from 1943–1946, tles than any other school in Alabama and IN RECOGNITION OF SHARON A. when he was honorably discharged as a Ser- Head Coach and Athletic Director Terry Curtis BARKELOO geant. He then returned to Elizabethtown to shares the AHSAA record for most state title aid his father in running the family business, victories held by a single coach at five. Over HON. JOHN L. MICA Leinwand’s, which he would in turn come to his 13–year tenure, Coach Curtis has own, and which is now the oldest continuous OF FLORIDA business in Elizabethtown after 77 years in amassed a record of 155 and 38. IN THE HOUSE OF REPRESENTATIVES The 2012 UMS-Wright seniors had never operation. been to the Super 6 championship game. With Tuesday, December 11, 2012 Yet, Mr. Leinwand served as more than just four years having passed since the last trip, Mr. MICA. Mr. Speaker, it is my honor to a business owner to the people of Bladen this trip also marked the first time for any at recognize Sharon A. Barkeloo upon her retire- County. Driven by love for his community and the school, coaches included, to have the op- ment. its people, he served as Mayor Pro-Tempore, portunity to play on the home field of the Au- Sharon has provided outstanding profes- and later, Mayor of Elizabethtown, President burn Tigers. The Super 6 was previously held sional service as a member of the House of Elizabethtown Rotary Club and Elizabeth- at Birmingham’s Legion Field, but, like the Committee on Transportation and Infrastruc- town Jaycees, Chairman of the East Bladen celebrated college Iron Bowl, the game venue ture staff since 1999, serving each of the past High School Advisory Council, and as a mem- now rotates between Tuscaloosa’s Bryant- four Chairmen in a bipartisan manner. ber of the Board of Directors of Wachovia Denny and Auburn’s Jordan-Hare stadium. During this time, her expertise in budget Bank. His contributions to these and numer- What a truly amazing experience it must be issues has been instrumental to achieving the ous other civic organizations demonstrate his for these young men to play on the same field Committee’s goals, especially with regard to lifelong pride in his community. they often watch in awe on any given fall foot- the budgetary treatment of the transportation Mr. Leinwand was also an avid supporter of ball Saturday. trust funds. In addition to her Full Committee Bladen County athletics. In addition to his The championship game was a thrilling con- assignments, Sharon also served on the Sub- work as a founding organizer of the Elizabeth- test that ultimately proved the superiority of committee on Aviation staff during my chair- town Little League, he was also a chief boost- the Bulldogs over the top-ranked Redskins. manship of that Subcommittee, assisting in the er for the athletics programs of Elizabethtown Seconds before the half, UMS-Wright Safety development of the nation’s legislative re- High School, Bladen Central High School, Sam Pettway forced a fumble on the Bulldog sponse to the terrorist attacks of September East Bladen High School, and middle school three yard line that resulted in a touchback. A 11, 2001, as well as other aviation legislation. sports. touchdown would have evened the game at Sharon is one of the most talented and knowl- 21. In the third quarter, after a couple of edgeable people in the United States when it Mr. Speaker, may we never forget the good- stalled drives by both squads and coming on comes to navigating the complicated and cum- ness, humility, service, and character that de- 3rd and 32, QB Gunner Roach completed a bersome federal transportation budgeting fined the life of Wallace Leinwand. His record 33 yard strike to T.J. Dixon in the back of the processes. I know I speak for several of my of community and civic service will long be a end zone, making the score 28 to 14. Dixon colleagues when I say that we will miss her legacy that will benefit all of the citizens of finished the day with five catches for 86 yards expertise, her guidance, her counsel and her Elizabethtown and Bladen County. I know that and a touchdown. Sophomore RB Troy Dixon smiling face. his personal friendship with my father and was named Class 5A MVP. He ran for 232 Prior to her tenure with the Committee, their work together in the North Carolina Jay- yards on 23 carries and scored three times. Sharon also served for eight years in the Of- cees established a relationship with his family UMS-Wright stopped Oneonta twice on fourth fice of Management and Budget’s Transpor- that has continued to bless my family now for down, recovered three fumbles and picked off tation Branch, and four years with the Depart- three generations, and I’m sure will continue a pair of passes. ment of Justice Budget Staff. into the future. In fact, his son, Ricky Congratulations to Head Coach Terry Curtis, I thank Sharon for her assistance to me and Leinwand, who now runs the family business Assistant Coaches Brett Boutwell, Brandon our Committee, her commitment to good gov- and serves on the Town Council of Elizabeth- Dean, Richard Ellisor, Gerald Jones, and Jim ernment, and her professional work over the town, has continued his father’s legacy of a Sudeiha, and to the Bulldogs, Troy Dixon, Ty- past 25 years. I know her parents, Ed and very special friendship with my family. rone Dixon, Charles Philips, George Williams, Mary Ellen Barkeloo, are very proud of Shar- May God continue to bless Mr. Leinwand’s Kendrell Perine, Richard Pipkins, Sam on, as are we all, and I wish her every future beloved wife, Shirley, all of his loved ones, the Pettway, Christian Pearsall, Bobby Guthans, success as she retires from Federal service work he did, and the greatness that he in- Tanner Allen, Robert Beard, Douglas Barber, and returns to her home State of Ohio. spired within all who knew him.

VerDate Mar 15 2010 02:54 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A11DE8.019 E11DEPT1 jbell on DSK7SPTVN1PROD with Tuesday, December 11, 2012 Daily Digest Senate Pascua Yaqui Tribe: Committee on Indian Af- Chamber Action fairs was discharged from further consideration of Routine Proceedings, pages S7711–S7752 H.R. 3319, to allow the Pascua Yaqui Tribe to de- Measures Introduced: One bill and one resolution termine the requirements for membership in that were introduced, as follows: S. 3669, and S. Res. tribe, and the bill was then passed. Page S7752 613. Page S7744 Clothe a Homeless Hero Act: Senate passed H.R. Measures Reported: 6328, to amend title 49, United States Code, to di- S. 2024, to make technical amendment to the rect the Assistant Secretary of Homeland Security T’uf Shur Bien Preservation Trust Area Act, with (Transportation Security Administration) to transfer amendments. unclaimed clothing recovered at airport security S. 3546, to amend the Native American Programs checkpoints to local veterans organizations and other Act of 1974 to reauthorize a provision to ensure the local charitable organizations, after agreeing to the survival and continuing vitality of Native American following amendment proposed thereto: Page S7752 languages. Reid (for Gillibrand) Amendment No. 3328, to S. 3548, to clarify certain provisions of the Native clarify that the clothing should be transferred to the American Veterans’ Memorial Establishment Act of local airport authority or other local authorities for 1994. Page S7744 donation to charity, including local veterans organi- zations or other local charitable organizations for dis- Measures Passed: tribution to homeless or needy veterans and veteran Federal Deposit Insurance Act: Senate passed families. Page S7752 H.R. 4014, to amend the Federal Deposit Insurance Measures Considered: Act with respect to information provided to the Bu- reau of Consumer Financial Protection. Page S7751 Transaction Account Guarantee—Agreement: Senate began consideration of S. 3637, to tempo- Electronic Fund Transfer Act: Senate passed rarily extend the transaction account guarantee pro- H.R. 4367, to amend the Electronic Fund Transfer gram, after agreeing to the motion to proceed, and Act to limit the fee disclosure requirement for an taking action on the following motions and amend- automatic teller machine to the screen of that ma- ments proposed thereto: Pages S7721–32, S7737–42 chine. Page S7751 Pending: Bridgeport Indian Colony Land Trust, Health, Reid Amendment No. 3314, to change the enact- and Economic Development Act: Senate passed H.R. ment date. Page S7724 2467, to take certain Federal lands in Mono County, Reid Amendment No. 3315 (to Amendment No. California, into trust for the benefit of the Bridge- 3314), of a perfecting nature. Page S7724 port Indian Colony. Page S7751 Reid Motion to commit the bill to the Committee Public Interest Declassification Board Reauthor- on Banking, Housing, and Urban Affairs, with in- ization Act: Committee on Homeland Security and structions, Reid Amendment No. 3316, to change Governmental Affairs was discharged from further the enactment date. Page S7724 consideration of S. 3564, to extend the Public Inter- Reid Amendment No. 3317 (to (the instructions) est Declassification Act of 2000 until 2014, and the Amendment No. 3316), of a perfecting nature. bill was then passed, after agreeing to the following Page S7724 amendments proposed thereto: Pages S7751–52 Reid Amendment No. 3318 (to Amendment No. Reid (for Lieberman/Collins) Amendment No. 3317), of a perfecting nature. Page S7724 3326, in the nature of a substitute. Page S7752 A motion was entered to close further debate on Reid (for Lieberman/Collins) Amendment No. the bill, and, in accordance with the provisions of 3327, to amend the title. Page S7752 Rule XXII of the Standing Rules of the Senate, a D1021

VerDate Mar 15 2010 02:38 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11DE2.REC D11DEPT1 jbell on DSK7SPTVN1PROD with D1022 CONGRESSIONAL RECORD — DAILY DIGEST December 11, 2012 vote on cloture will occur on Thursday, December Authorities for Committees to Meet: 13, 2012. Pages S7723–24 Pages S7750–51 During consideration of this measure today, Senate Record Votes: Two record votes were taken today. also took the following action: (Total—226) Pages S7724, S7736 By 76 yeas to 20 nays (Vote No. 225), three-fifths Adjournment: Senate convened at 10 a.m. and ad- of those Senators duly chosen and sworn, having journed at 6:18 p.m., until 9:30 a.m. on Wednes- voted in the affirmative, Senate agreed to the motion day, December 12, 2012. (For Senate’s program, see to close further debate on the motion to proceed to the remarks of the Majority Leader in today’s Record consideration of the bill. Page S7724 on page S7752.) A unanimous-consent agreement was reached proving for further consideration of the bill at 2 p.m., on Wednesday, December 12, 2012. Committee Meetings Page S7752 (Committees not listed did not meet) Retiring Senators Speeches—Agreement: A unan- imous-consent agreement was reached providing that RENTAL HOUSING ASSISTANCE PROGRAMS the previous order with respect to the remarks of re- Committee on Banking, Housing, and Urban Affairs: tiring Senators be amended to occur from 11:30 a.m. Committee concluded a hearing to examine stream- until 2 p.m., on Wednesday, December 12, 2012. lining and strengthening Housing and Urban Devel- Page S7752 opment’s rental housing assistance programs, after receiving testimony from Sandra B. Henriquez, As- Nominations Confirmed: Senate confirmed the fol- sistant Secretary of Housing and Urban Development lowing nominations: for Public and Indian Housing. By a unanimous vote of 95 yeas (Vote No. EX. 226), John E. Dowdell, of Oklahoma, to be United NOMINATIONS States District Judge for the Northern District of Committee on Finance: Committee concluded a hearing Oklahoma. Pages S7724, S7732–37, S7752 to examine the nominations of Ronald Lee Buch, of Jesus G. Bernal, of California, to be United States Virginia, and Albert G. Lauber, of the District of District Judge for the Central District of California. Columbia, both to be a Judge of the United States Pages S7724, S7732–37, S7752 Tax Court, after the nominees testified and answered questions in their own behalf. Additional Cosponsors: Page S7744 Statements on Introduced Bills/Resolutions: INTELLIGENCE Pages S7744–45 Select Committee on Intelligence: Committee held closed Additional Statements: Pages S7743–44 hearings on intelligence matters, receiving testimony from officials of the intelligence community. Amendments Submitted: Pages S7745–50 Committee recessed subject to the call. h House of Representatives Journal: The House agreed to the Speaker’s approval Chamber Action of the Journal by a yea-and-nay vote of 272 yeas to Public Bills and Resolutions Introduced: 6 public 102 nays with 3 answering ‘‘present’’, Roll No. 620. bills, H.R. 6644–6649; and 1 resolution, H. Res. Pages H6685–86 828 were introduced. Page H6701 Recess: The House recessed at 2:08 p.m. and recon- Additional Cosponsors: Pages H6701–02 vened at 6:30 p.m. Page H6685 Report Filed: A report was filed today as follows: Senate Message: Message received from the Senate H. Res. 827, providing for consideration of mo- by the Clerk and subsequently presented to the tions to suspend the rules (H. Rept. 112–700). House today appears on page H6685. Page H6701 Recess: The House recessed at 12:31 p.m. and re- convened at 2 p.m. Page H6684

VerDate Mar 15 2010 02:38 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11DE2.REC D11DEPT1 jbell on DSK7SPTVN1PROD with December 11, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1023 Quorum Calls Votes: One yea-and-nay vote devel- Committee on Veterans’ Affairs: to hold hearings to exam- oped during the proceedings of today and appears on ine the nominations of Keith Kelly, of Montana, to be pages H6685–86. There were no quorum calls. Assistant Secretary of Labor for Veterans’ Employment and Training, and William S. Greenberg, of New Jersey, Adjournment: The House met at 12 noon and ad- to be a Judge of the United States Court of Appeals for journed at 9:02 p.m. Veterans Claims, 10 a.m., SR–418. Committee on the Judiciary: to hold hearings to examine Committee Meetings the nominations of Shelly Deckert Dick, to be United States District Judge for the Middle District of Louisiana, DEVASTATING CRISIS IN EASTERN CONGO Andrew Patrick Gordon, to be United States District Committee on Foreign Affairs: Subcommittee on Africa, Judge for the District of Nevada, Ketanji Brown Jackson, Global Health, and Human Rights held a hearing of Maryland, to be United States District Judge for the entitled ‘‘The Devastating Crisis in Eastern Congo’’. District of Columbia, and Beverly Reid O’Connell, to be Testimony was heard from Johnnie Carson, Assistant United States District Judge for the Central District of Secretary, Bureau of African Affairs, Department of California, 10 a.m., SD–226. State; and public witnesses. Subcommittee on the Constitution, Civil Rights and Human Rights, to hold hearings to examine ending the MISCELLANEOUS MEASURE school-to-prison pipeline, 2 p.m., SH–216. Committee on Rules: Full Committee held a hearing on providing for consideration of motions to suspend House the rules. The Committee, granted by a voice vote, Committee on Energy and Commerce, Subcommittee on a rule providing that it shall be in order at any time Communications and Technology, hearing entitled through the legislative day of December 28, 2012, ‘‘Keeping the New Broadband Spectrum Law on Track’’, for the Speaker to entertain motions that the House 10 a.m., 2123 Rayburn. suspend the rules. The rule provides that the Speaker Committee on Financial Services, Subcommittee on Capital or his designee shall consult with the Minority Lead- Markets and Government Sponsored Enterprises, hearing er or her designee on the designation of any matter entitled ‘‘Challenges Facing the U.S. Capital Markets to for consideration under suspension of the rules. Effectively Implement Title VII of the Dodd-Frank Act’’, 10 a.m., 2128 Rayburn. Committee on Oversight and Government Reform, Full Com- Joint Meetings mittee, hearing entitled ‘‘HGH Testing in the NFL: Is No joint committee meetings were held. the Science Ready?’’, 10 a.m., 2154 Rayburn. f Committee on Science, Space, and Technology, Full Com- mittee, hearing entitled ‘‘The Future of NASA: Perspec- COMMITTEE MEETINGS FOR WEDNESDAY, tives on Strategic Vision for America’s Space Program’’, DECEMBER 12, 2012 10 a.m., 2318 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Veterans’ Affairs, Full Committee, business meeting to Approve Activities Report for the Committee Senate on Veterans’ Affairs, 10 a.m., 334 Cannon. Committee on Finance: Subcommittee on Energy, Natural Committee on Ways and Means, Subcommittee on Resources, and Infrastructure, to hold hearings to examine Human Resources, hearing entitled ‘‘Proposal to Reduce tax reform and Federal energy policy, focusing on incen- Child Deaths Due to Maltreatment’’, 2 p.m., 1100 Long- tives to promote energy efficiency, 10 a.m., SD–215. worth.

VerDate Mar 15 2010 02:38 Dec 12, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11DE2.REC D11DEPT1 jbell on DSK7SPTVN1PROD with D1024 CONGRESSIONAL RECORD — DAILY DIGEST December 11, 2012

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 12 10 a.m., Wednesday, December 12

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: To be announced. morning business (with the time from 11:30 a.m. until 2 p.m. for speeches by retiring Senators, and not to ex- tend beyond 2 p.m.), Senate will continue consideration of S. 3637, Transaction Account Guarantee, with a filing deadline for first-degree amendments to the bill at 1 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Ellmers, Renee L., N.C., E1900 Pelosi, Nancy, Calif., E1899 Farr, Sam, Calif., E1902 Pence, Mike, Ind., E1906 Aderholt, Robert B., Ala., E1897 Garamendi, John, Calif., E1896, E1897 Rothman, Steven R., N.J., E1905 Baldwin, Tammy, Wisc., E1906 Gibson, Christopher P., N.Y., E1896, E1899 Schiff, Adam B., Calif., E1897 Berman, Howard L., Calif., E1902 Graves, Sam, Mo., E1901 Stearns, Cliff, Fla., E1901 Bonner, Jo, Ala., E1905, E1907 Kucinich, Dennis J., Ohio, E1900, E1901, E1902, E1904 Burgess, Michael C., Tex., E1900 Levin, Sander M., Mich., E1898 Thompson, Bennie G., Miss., E1906 Coffman, Mike, Colo., E1898 McIntyre, Mike, N.C., E1905, E1907 Van Hollen, Chris, Md., E1895 Connolly, Gerald E., Va., E1899, E1901, E1902, E1904 Marchant, Kenny, Tex., E1895 Visclosky, Peter J., Ind., E1895, E1897 Conyers, John, Jr., Mich., E1896 Mica, John L., Fla., E1907 Webster, Daniel, Fla., E1898 Costa, Jim, Calif., E1895 Miller, George, Calif., E1904, E1906

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