E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, FRIDAY, JANUARY 4, 2013 No. 2 Senate (Legislative day of Thursday, January 3, 2013)

The Senate met at 12:30 p.m., on the appoint the Honorable TOM UDALL, a Senator additional $9.7 billion to the National expiration of the recess, and was called from the State of New Mexico, to perform Flood Insurance Program. Without to order by the Honorable TOM UDALL, the duties of the Chair. these funds, the program would have a Senator from the State of New Mex- PATRICK J. LEAHY, run out of money next week, leaving President pro tempore. ico. over 100,000 victims of Hurricane Sandy Mr. UDALL thereupon assumed the in the lurch. PRAYER chair as Acting President pro tempore. I would like to thank my colleagues The Chaplain, Dr. Barry C. Black, of- f on both sides of the aisle for allowing fered the following prayer: RECOGNITION OF THE MAJORITY this vote to go forward. They have Let us pray. LEADER acted honorably. The good news is the Eternal God, sovereign of the na- House passed this bill this morning and The ACTING PRESIDENT pro tem- tions, we place our trust in You. Infuse the Senate will pass it in a few min- pore. The majority leader is recog- our lawmakers with a spirit of discern- utes. nized. ment that they may fulfill Your pur- With the passage of this bill, hurri- poses for our Nation and world. Lord, f cane victims from Staten Island to east stir them up with the fresh realization JOINT SESSION FOR COUNTING OF Long Island, as well as in , of the supernatural resources available ELECTORAL VOTES can rest assured their flood insurance to them to accomplish their tasks. As will have enough money to pay out Mr. REID. Mr. President, the Senate they seek Your guidance on all deci- claims. We had no choice but to pass will recess for the joint session for the sions, guard their hearts and minds this provision because the Federal Gov- counting of electoral votes. with Your peace. Help our Senators to ernment is obligated to reimburse Following the joint session, we are give one another kindness, patience, when people have floods if they have hoping to complete action on part of and encouragement as You saturate paid in their flood insurance. the flood insurance of the Sandy sup- their hearts with Your grace and joy. While this bill is important, it is plemental, which the House just We pray in Your sacred Name. Amen. something we were almost obligated to passed. do, and we should not have parades f f down the street because this bill has passed. PLEDGE OF ALLEGIANCE RECESS SUBJECT TO THE CALL OF The major work of helping the vic- The Honorable TOM UDALL led the THE CHAIR tims of Sandy is still ahead of us. The Pledge of Allegiance, as follows: I ask unanimous consent that the bad news is we even had to go through I pledge allegiance to the Flag of the Senate stand in recess subject to the this dog-and-pony show in the first United States of America, and to the Repub- call of the Chair. lic for which it stands, one nation under God, place. indivisible, with liberty and justice for all. There being no objection, the Senate, Last month, the Senate passed a at 12:33 p.m., recessed to reassemble in good, strong bill to help all victims of f the Hall of the House of Representa- Hurricane Sandy, and the House simply APPOINTMENT OF ACTING tives for a Joint Session and at 1:56 could have taken it up and passed it. In PRESIDENT PRO TEMPORE p.m. reassembled in the Senate Cham- fact, they promised to vote on a simi- The PRESIDING OFFICER. The ber when called to order by the Acting lar provision before the last Congress clerk will please read a communication President pro tempore. ended. to the Senate from the President pro The ACTING PRESIDENT pro tem- Unfortunately, this changed at the pore. The Senator from New York is last moment. We do not need to get tempore (Mr. LEAHY). The legislative clerk read the fol- recognized. into the whys right now; we just want lowing letter. f it to happen, and we are worried the second major portion of this relief bill U.S. SENATE, HELPING THE VICTIMS OF will not get through the House in the PRESIDENT PRO TEMPORE, HURRICANE SANDY Washington, DC, January 4, 2013. form it should. To the Senate: Mr. SCHUMER. Mr. President, I rise We need the House to pass not only Under the provisions of rule I, paragraph 3, in support of the legislation we are the $9 billion they passed this morning of the Standing Rules of the Senate, I hereby about to vote on that will provide an but the $51 billion that contains the

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

S19

.

VerDate Mar 15 2010 00:31 Jan 05, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.000 S04JAPT1 jbell on DSK7SPTVN1PROD with S20 CONGRESSIONAL RECORD — SENATE January 4, 2013 bulk of the aid people need, without The draft we have seen contains some The work he has done not only in the which we will not be able to recover. major changes from the Senate bill Senate, but having the many years of To be a bride and left at the altar once that would make it very difficult for experience he had in the House of Rep- is bad enough. To be left twice would NIH, the Army Corps, and other parts resentatives, the Presiding Officer, the be unconscionable. of the government to spend the dollars senior Senator from New York, worked As I said, this is a good step that we that are needed efficiently and quickly day and night making phone calls, per- are going to pass this $9 billion flood and to place them where they go. We sonal contacts with people in New insurance bill. This is a good but small beseech the House to finish its busi- York and New Jersey who could call first step. It is a small downpayment ness, to finish the major part of its House Members and have them pass on the much larger amount of aid we business, and approve the $51 billion this legislation. need to get through Congress. that will make up the rest of the $60. On the way back from the joint ses- Let me tell you what is not in this We beseech them not to hamstring sion dealing with the electoral vote bill. What is not in this bill is help for the local homeowners and businesses count, he walked up and grabbed me— every homeowner who does not have and governments with language that did not grab me, but we talked for sev- flood insurance and lost their home or would prevent recovery. We beseech eral minutes walking back to the Sen- suffered major damage. them to move quickly. Of course, the ate—the majority leader from the Homeowners are waiting for Congress ideal would be for them to pass the House of Representatives. He worked to pass relief the way we did for Irene same bill that the Senate passed in the extremely hard on this. He worked and Katrina and so many other disas- waning hours of the last session. If hard on it. I indicated to him that I ters so they can get a contractor to they cannot, we will have to get legis- had received calls from people in New sign a contract, get a bank to make a lation through the body again. But York who appreciated very much his loan until they know that the Federal through the generosity of the majority efforts to try to get this thing passed. Government will be there to reimburse, leader, he has assured us it will be the I really do believe it is important as it always has in the past. first order of business when we return. that I have the record reflect the rea- What is not in this bill is aid to small So we have to move forward. son we have gotten as far as we have on businesses, small businesspeople who As we have seen, this is not going to Sandy is because of the senior Senator are hanging by their fingernails, who be easy. There are many bumps in the from New York. It is too bad that it might not be able to restart their busi- road and obstacles that we cannot yet has taken so long. When we had that nesses unless there is Federal aid, see. For sure they will arise and for which was already in the Senate bill. devastation from Katrina, we were sure we will have to grapple with them. there within days taking care of Mis- Unless it comes back from the House This vote needs to be the beginning sissippi, Alabama, and especially Lou- and we are able to pass it in the Sen- of the process. It cannot certainly be isiana—within days. We are now past 2 ate, they will be hurt. the end, and it certainly cannot be the months with the people of New York What is not in this bill is dollars to middle. We cannot just pass the $9 bil- and New Jersey. rebuild our highways and, most impor- lion bill and then say that is it. We The people of New Orleans and that tantly, our mass transit systems that cannot let the House pass this and rest area, they were hurt but nothing in were flood, damaged. The MTA alone on its laurels. We in New York and New comparison to what happened to the has taken out a $5 billion loan, but it Jersey cannot let our guard down. Not will be in real financial jeopardy unless until the full $60 billion arrives in New people in New York and New Jersey. it is assured that it will be reimbursed York and New Jersey can we stop Almost 1 million people have lost their for all the damage that Sandy caused working. So I urge my colleagues to homes; 1 million people lost their to our railroads and our tunnels and support this legislation and then alert homes. That is homes, that is not peo- our mass transit system—our amazing them to keep the victims of Sandy in ple in those homes. So I think it is just 1 unfortunate that we do not have the re- mass transit system that brings 3 ⁄2 New York, New Jersey, and elsewhere million people off and on Manhattan Is- in their thoughts so that we can con- lief for New York and New Jersey and land every single day. tinue to support the region when we re- the rest already. It has to be done. We What is not in this bill is help to turn. have to meet the needs of the Amer- bring the electricity system back up to I yield the floor, and I suggest the ab- ican people when an act of God occurs. snuff so there will not be major black- sence of a quorum. So I, on behalf of the entire Senate, outs, so people can be assured of their The ACTING PRESIDENT pro tem- and certainly my Democratic caucus, electricity. pore. The clerk will call the roll. express my appreciation to the legisla- What is not in this bill is help for all The legislative clerk proceeded to tive initiative and the legislative ex- of the communities that laid out hun- call the roll. pertise of my friend from New York, an dreds of millions and billions of dollars Mr. REID. Mr. President, I ask unan- experienced legislator in the State of for the cleanup. Their taxpayers will imous consent that the order for the New York, the House of Representa- foot the bill unless Congress does what quorum call be rescinded. tives, and the Senate. He has done a it has always done: step to the plate The PRESIDING OFFICER (Mr. masterful job. when a major disaster occurs and have SCHUMER). Without objection, it is so f the Federal Government help the local- ordered. ity. There has been a wisdom for 100 Mr. REID. Mr. President, in the years MORNING BUSINESS years that when an area is afflicted by I have served in legislative bodies, Mr. REID. Mr. President, I ask unan- a disaster, we unite as a nation and which is quite a long time now, it is in- imous consent the Senate proceed to a come together and help that part of the teresting to see how different people period of morning business with Sen- country whether it is New Mexico or approach the legislative process. I have ators permitted to speak for up to 10 California or Louisiana or Florida or learned over the years there is nothing minutes each. Missouri or North Dakota or New York more important than people working The PRESIDING OFFICER. Without or New Jersey. hard. You have to be tenacious to get objection, it is so ordered. This bill is a first step to deal with legislation passed. f flood insurance. It is the easiest part. The leader of passing Sandy over The hard stuff is still ahead of us. We here—and I am confident when we get WIND ENERGY TAX CREDIT await the House returning in a week back in a couple of weeks after the Mr. UDALL of Colorado. Mr. Presi- and a half, and we hope and expect, in House works on theirs, the same dy- dent, today marks my 28th time here fact, that they will vote the full $51 bil- namic will be here—the senior Senator on the Senate floor to talk about the lion remainder. We hope and expect, in from New York has worked tirelessly Production Tax Credit for wind energy. fact, that they will not put in legisla- to get legislation passed. He has led a Twenty-seven other times I stood tive language that prevents money team effort of Senators from New Jer- here—oftentimes joined by like-minded from getting to homeowners and com- sey and his partner, Senator GILLI- colleagues from around the country— munities that need it desperately right BRAND, but the leader, the quarterback, to urge Congress to extend this vital away. has been the Senator from New York. tax credit, which has helped the wind

VerDate Mar 15 2010 01:39 Jan 05, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.003 S04JAPT1 jbell on DSK7SPTVN1PROD with January 4, 2013 CONGRESSIONAL RECORD — SENATE S21 industry create tens of thousands of And the final language passed by DYSFUNCTION OF THE SENATE jobs and spur tens of billions of dollars Congress will have an immediate and Mr. MERKLEY. Mr. President, I rise in investment. And Coloradans have positive impact on the construction of today to talk about the dysfunction of been with me the whole way. new wind farms. This year, projects the Senate, the rules of this governing Well, Mr. President, 27 must be a will be eligible to take advantage of body, and what we need to do to change lucky number—because today, I am the PTC if construction begins before them in order to take on the big chal- thrilled to use my time to thank my the end of 2013, rather than racing to lenges we face as a Nation. colleagues for making the extension of complete the project by the end of the These last 2 years have created an the PTC a reality. Earlier this week, year. This commonsense change in the unprecedented sense among the Amer- Congress came together across party law will encourage larger, longer-term ican people that Congress isn’t meas- lines to do the right thing to assist our projects over the course of the next few uring up to the needs of our time. fragile economic recovery. years as opposed to just in 2013, which This is especially troubling when we Throughout my previous efforts here is particularly important since Con- are up against tremendous challenges: on the floor, I talked a lot about jobs. gress did not pass the extension until the most profound jobs crisis in a gen- From Colorado to Kansas, Oregon and the very last minute. eration; skyrocketing income inequal- Maine and the Carolinas, my remarks I was not alone in this fight. Colo- ity; and a tax system that unfairly re- always came back to one simple but radans motivated me to keep up the wards the wealthy and well-connected true statement: the PTC equals jobs. battle the entire time. And many of my over working Americans who are strug- These are good-paying jobs for hard- colleagues—both Republicans and gling to make ends meet. working Americans. From gearboxes in Democrats—joined me. In particular, I But unfortunately, we can’t tackle Georgia to wind blades in Rhode Island would like to thank Senator GRASSLEY this jobs crisis or the problem of in- to towers in Colorado, the construction of Iowa—the ‘‘father of the wind equality until this body, our revered of wind turbines has invigorated an en- PTC’’—for his efforts to get this done. Senate, restores the ability to debate, tire supply chain. Factories in the Mid- Senator BAUCUS and Senator BINGA- deliberate and decide on strategies to west have been retooled to make steel MAN have also been long-time cham- take our Nation forward. components that are shipped to places pions of the PTC on the Finance Com- I believe that reforming the fili- like Iowa, where cutting edge com- mittee, and were an integral part of buster is one of the most critical steps posite materials are used to make state the fight to extend it. My good friend we can take to repair the Senate and of the art blades for turbines that ulti- and colleague from Colorado Senator rebuild confidence in Congress’s ability mately create wind farms built with BENNET has also been a strong sup- to govern. labor from local construction workers. porter of the PTC, joining me in When I first came to the Senate, it That’s thousands of jobs across this speeches, letters, and legislation. Sen- was 1976. What I saw then could hardly country. ator MORAN of Kansas has been right have been farther from the Senate of Wind generates clean, renewable en- there with us as well. today. Routine use of the ‘‘filibuster’’— ergy, which helps move our country to- And many more members from both or to put it differently, a routine use of ward a more secure energy future. This sides of the aisle and both sides of the an objection to a simple majority is clean, American energy that does Capitol supported these efforts. The vote—has turned the U.S. Senate into a not produce carbon dioxide pollution— broadly bipartisan and bicameral group supermajority body. and by making it here at home, it helps was driven by a mutual commitment to In short, the U.S. Senate, which once us become less reliant on foreign na- creating jobs, simultaneously improv- claimed to be ‘‘the world’s greatest de- tions for our energy security. ing our economy and economic com- liberative body,’’ has possibly become These wind farms are also paying petitiveness while moving us toward a ‘‘the world’s least deliberative body.’’ dividends to towns and counties across more secure energy future. The institution of the Senate will not America, benefitting the families who Despite the importance of the wind function again until we end the abuse live there and the small businesses PTC extension, there is still much of the filibuster. We must put an end to that operate there. The tax revenues more work to do. This extension only the silent, secret filibuster that is from wind turbines have allowed com- lasts until the end of 2013. So, although paralyzing the Senate. munities to build new schools and we might want to take a breather, we The use of this objection has ex- roads, as well as provide other basic cannot. Instead, we must begin work panded dramatically in recent decades. services. These additional sources of today on a path forward that will give What was once used only to block leg- income have been especially important the wind industry much-needed cer- islation that conflicted with deep, per- during the recent economic downturn, tainty over the long term. Without cer- sonal principles is now used as a rou- where the budgets of many states and tainty, businesses cannot do the long- tine political strategy for deliberate rural communities have been stretched term planning that is necessary to paralysis. In the 6 years Lyndon Baines thin. Quite simply, wind energy jobs robustly grow and add good-paying Johnson was majority leader, he dealt have a positive ripple effect wherever American jobs. And, this time, we can- with one filibuster. Leader REID during they are. not wait until the last minute to do it. his 6 years as majority leader: 391. I am relieved that after months of We must work together to find a plan One casualty of the partisan fili- uncertainty as to whether or not the that allows this industry to reach ma- buster is executive branch and judicial PTC would be extended, Congress has turity and thrive while also being fis- nominations. The Senate’s power to ad- finally done the commonsense thing, cally responsible. Yes, that means a vise and consent, as provided in the making sure we did not lose this vital gradual phase-out of the wind PTC in Constitution, was never intended to en- tax credit. Although it was my pref- the coming years—but my goal is to able the legislators to inflict deep erence to have Congress act much get Congress to also work together on harm on the other branches of govern- sooner and prevent the thousands of comprehensive energy legislation that ment. Yet that is exactly what has layoffs that resulted from the uncer- creates long-term certainty for all en- happened. Nearly one out of every elev- tainty Congress created, I am pleased ergy sources. I strongly believe that en judgeships is vacant—triple the rate that we have finally acted for the good any national energy policy we develop of 8 years ago. Our court systems are of our constituents. should reflect the success Colorado has severely strained, with 27 vacancies With the passage of the PTC, the had as an all-of-the-above energy rated as ‘‘judicial emergencies’’ at the wind industry can get back to doing State. end of 2012. the important work of moving America Again, I want to thank my colleagues This is deeply damaging, for several toward a clean energy future, a direc- who worked alongside me to push the reasons. It prevents the legislature tion that will benefit middle-class wind PTC extension over the finish from responding to the Nation’s press- American workers and ensure America line. This is hugely important to main- ing problems and severely hampers the leads the world in clean energy manu- taining American jobs, manufacturing executive and judicial branches, which facturing, even as foreign competitors prowess, and energy security. It’s a win rely on the Senate to confirm their like China work to surpass us. for Colorado and it’s a win for us all. leaders. Because the Senate is unable

VerDate Mar 15 2010 01:39 Jan 05, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.001 S04JAPT1 jbell on DSK7SPTVN1PROD with S22 CONGRESSIONAL RECORD — SENATE January 4, 2013 to fulfill, on a timely basis, its con- women who have served in our Armed friend of mine. Dr. Eiseman was an ac- stitutional responsibility to ‘‘advise Forces. It is a day to honor the heroes complished man in every sense of the and consent’’ to nominations, judge- among us, and those who, sadly, have word and is survived by his wife of 67 ships and executive branch manage- left us. years, his four children and five grand- ment positions simply go unfilled. Today I wish to pay tribute to an children. Now, you may wonder, if this system American hero, Army SGT Clinton K. Dr. Eiseman was an incredibly intel- is so dysfunctional, why did our Found- Ruiz. Sergeant Ruiz died on October 25 ligent individual and an avid self-learn- ing Fathers ever design the Senate like while on patrol in Uruzgan Province, er. He graduated from Yale University this? The answer is that they didn’t. Afghanistan, from injuries sustained in 1939 and went on to receive his Med- The Founders envisioned the Senate from small arms fire. He was just 22 ical Degree from Harvard University in and House passing legislation and con- years old. He leaves behind a wife, 1943. Dr. Eiseman possessed extraor- firming nominations by a simple ma- Kira, and a baby son, Caleb. dinary scientific ingenuity that led jority, reserving supermajority for spe- As we face the tragedy of this brave him to discover an astonishing number cial purposes such as constitutional young soldier’s death, it is important of medical complications and cures. amendments and overriding a veto. too that we remember his life. Ser- In addition to these discoveries, Dr. Alexander Hamilton, in fact, foresaw geant Ruiz’s journey on this Earth Eiseman also authored and coauthored the current state of affairs in the Fed- ended far too soon, but his memory over 450 scientific papers, was principal eralist Papers, observing that a super- among those whose lives he touched, editor of seven books on general sur- majority requirement would have the and in a nation’s gratitude, will en- gery and was a retired Rear Admiral in ‘‘tendency to embarrass the operations dure. the U.S. Navy Reserves—he was very of government,’’ and would create ‘‘te- Clinton Ruiz was born on March 14, proud of his service to his country. dious delays, continual negotiation and 1990. He graduated from Murrieta Val- Whenever I mentioned Dr. Eiseman to intrigue, [and] contemptible com- ley High School in Murrieta, CA, and other surgeons, whether they live in promises of the public good.’’ enlisted with the Army in 2009. He was another State or another country, he As a result of the Senate’s silent fili- assigned to A Company, 9th Military or she would instantly know his name. I worked with Dr. Eiseman during buster, the Senate failed to pass almost Information Support Battalion, 8th my time as Executive Director of the all of the appropriations bills in the Military Information Support Group. Colorado Outward Bound School. At last Congress. The number of bills the Sergeant Ruiz was deployed to Afghan- that time he was chairman of the Senate passes has hit new lows, with istan in September. Board of Trustees, and he was a major fewer than 3 percent of bills introduced In the decade that our military has influence in my life, an incredible in the last Senate ever passing. been fighting in Afghanistan, thou- That is why yesterday, with my part- friend, and a wise mentor. One of the sands of our fellow citizens have volun- reasons Dr. Eiseman and I were so ner, Senator TOM UDALL, I introduced a teered to serve. These courageous men resolution that will enhance debate close had much to do with our shared and women risk their own safety to love for the great outdoors. He was one and limit obstruction. protect the safety of others. They leave Core to these reforms is the ‘‘talking of the few people I knew who had their homes and their loved ones to de- climbed all of the mountains in Colo- filibuster.’’ A Senator can still object fend the freedoms that we hold dear. but she or he must be continuously on rado over 14,000 feet. Over 2,000 of these heroes have paid the I recall a time almost three decades the floor maintaining a debate on the ultimate price, for our freedoms, in Af- ago—while I was still with Outward subject. This still allows Senators to ghanistan. Bound—when Dr. Eiseman accom- block a simple majority vote on a bill Words cannot lessen the sorrow of panied me on a winter climbing trip for of profound consequence, but they have the loved ones who grieve for Sergeant advanced climbers. He was always ask- to spend a lot of time and energy to do Ruiz now. Words cannot fully express ing us to think through each and every so. the gratitude our Nation owes this val- step. In asking the right questions and This reform would have two major iant soldier. We can only remember, in- challenging us along the way, he made consequences. By requiring time and deed we must never forget, the sac- me a stronger leader. energy to filibuster, it would strip rifice that SGT Clinton Ruiz made in One reason we all respected Dr. away filibusters on noncontroversial service to our country. Eiseman was because we all admired issues that are currently used just to President Kennedy said that ‘‘stories his unassuming ruggedness. On this obstruct and delay, allowing the Sen- of past courage . . . can teach, they trip, where it was at least 10 degrees ate to debate and decide issues. Second, can offer hope, they can provide inspi- below zero, none of us were surprised as it puts the filibuster on display before ration. But, they cannot supply cour- Dr. Eiseman walked around com- the American people, increasing trans- age itself. For this, each man must fortably in his Converse high-tops parency and accountability. If you fili- look into his own soul.’’ Sergeant Clin- while the rest of us muddled around, buster, you must make your case be- ton Ruiz had such courage. In the face freezing in our high-tech, insulated fore your colleagues and the public, so of great danger, at great risk to him- boots. When it was time to rest for the they know who is obstructing and what self, he went where his country sent night, most of the team rolled out your arguments are, and allow the peo- him. He was awarded the Bronze Star their latest and greatest sleeping bags, ple to judge if you are a hero or a bum. and the Purple Heart. He kept the while Dr. Eiseman pulled out the Senate dysfunction is compromising promise he had made to serve. Our Na- equivalent of a lawn chair cushion to the Senate’s ability to respond to tion is forever in his debt. curl up on for the night. Always the major issues facing our Nation. I want Sergeant Ruiz loved his family. He task master, Dr. Eiseman was the first to thank Leader REID for reserving the loved his country. He made the ulti- one up in the morning to make sure right to not adopt the rules of the pre- mate sacrifice defending it. To Ser- that everyone, including myself, was vious Congress, so we can have this im- geant Ruiz’s family, I offer my deepest thoroughly prepared to take on what- portant debate on the rules of this sympathies. We honor Sergeant Ruiz’s ever was in store for us each day. It body when we come back from the courage. We remember his sacrifice. was just the way he was tough, rugged State work period. And we mourn your loss. and focused. f f Dr. Eiseman inspired me by the way he commanded respect from all who HONORING OUR ARMED FORCES ADDITIONAL STATEMENTS interacted with him. Sure, he was seen SERGEANT CLINTON K. RUIZ as intimidating by some, but for those Mr. UDALL of New Mexico. Mr. who knew him, they were treated to REMEMBERING BEN EISEMAN, MD President, just a few weeks ago Ameri- his wonderful sense of humor. He was a cans gathered all across the Nation to ∑ Mr. UDALL of Colorado. Mr. Presi- dedicated community leader, outdoors- commemorate Veterans Day. It is a dent, today I wish to pay tribute to Dr. man, and patriot. day that we set aside to remember, and Ben Eiseman, a world-renowned sur- I am deeply saddened by the loss of express our gratitude to, the men and geon, a true American and a great my friend Ben Eiseman, but I know

VerDate Mar 15 2010 01:39 Jan 05, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.006 S04JAPT1 jbell on DSK7SPTVN1PROD with January 4, 2013 CONGRESSIONAL RECORD — SENATE S23 that his work here on this Earth away last month, he was 90 years old. resented the very best of who we are. changed the lives of thousands and He will be missed by his family, his In the dark days of the beginning of that his legacy will not be forgotten. friends, and his community, and he will World War II, they showed America’s May his memory live on for years to always be remembered by a grateful fighting spirit and inspired a nation. come.∑ nation. I extend my deepest sym- I extend my deepest sympathies to f pathies to his family. We are forever in Mr. Wallace’s family and friends. I HONORING GEORGE SMITH his debt. I hope that those who mourn hope that you will find comfort in your him now will find comfort in all that memories of his long, and distin- ∑ Mr. UDALL of New Mexico. Mr. he accomplished. His life made a dif- guished, life. We honor his valor and President, just a few weeks ago our Na- ference. His invaluable service during his example, and we mourn your loss.∑ tion commemorated Veterans Day. It World War II saved lives. Our Nation is f is above all a day of remembrance and free because of heroes like Code Talker gratitude. A time to remember the George Smith.∑ MESSAGES FROM THE PRESIDENT courage and sacrifice of the brave men Messages from the President of the and women who have served our Nation f United States were communicated to in the Armed Forces. It is a day when HONORING VIRGIL WALLACE the Senate by Mr. Pate, one of his sec- we pay tribute to the heroes among us. ∑ Mr. UDALL of New Mexico. Mr. retaries. And to those who are no longer with President, in the annals of our Nation’s f us. military history, the story of the de- Today I wish to honor one of those fenders of Bataan will long live in our EXECUTIVE MESSAGES REFERRED heroes. On Tuesday, October 30, our Na- collective memory. One of those great tion lost a great American, Navajo As in executive session the PRE- defenders, Mr. Virgil Wallace, recently SIDING OFFICER laid before the Sen- Code Talker George Smith. Mr. Smith passed away at the age of 99. Mr. Wal- was born on June 15, 1922, in Mariano ate messages from the President of the lace survived the 4 month battle, the United States submitting sundry nomi- Lake, NM, and was Salt People Clan, infamous Bataan Death March, and 3 born for Black Streak Wood People nations which were referred to the years of horrendous captivity. He was Committee on the Judiciary. Clan. In 1943, he enlisted with the Ma- the State of New Mexico’s oldest Ba- rines. He was trained as a Navajo Code (The messages received today are taan veteran. Talker and achieved the rank of cor- printed at the end of the Senate pro- Our Nation is forever in debt to the ceedings.) poral while serving in the Pacific. Cor- extraordinary courage and sacrifice poral Smith fought in battles in that Mr. Wallace and the ‘‘Battling f Saipan, Tinian, Ryukyu Islands. He Bastards of Bataan’’ demonstrated in MESSAGE FROM THE HOUSE also served in Okinawa, Hawaii, and the early days of World War II. Their Japan. His brother, Albert Smith, also At 12:32 p.m., a message from the heroic resistance helped slow the Japa- trained as a Code Talker, and served House of Representatives, delivered by nese advance, allowing crucial time for with him. Mr. Novotny, one of its reading clerks, The Marines who constituted the the Allied forces to reorganize and announced that the House has passed Navajo Code Talkers were small in eventually reverse Japan’s progress. the following bill, in which it requests number, but monumental in signifi- They played a crucial role in our Na- the concurrence of the Senate: tion’s history. I am proud to have spon- cance. Their skills were crucial to H.R. 41. An act to temporarily increase the American victory in the Pacific during sored legislation to award these valiant borrowing authority of the Federal Emer- World War II. They turned their lan- soldiers the Congressional Gold Medal. gency Management Agency for carrying out guage into an unbreakable code. In bat- The Japanese attack on the Phil- the National Flood Insurance Program. ippines in December, 1941, just hours tle after battle, in the thick of fero- The message further announced that after the attack on Pearl Harbor, led to cious combat, they used that code as a the House has agreed to the following 4 months of intense combat. Out- powerful weapon in securing Allied vic- concurrent resolutions, without numbered, outgunned, Mr. Wallace and tory. Our Nation will never forget what amendment: George Smith, and his brother, Albert his fellow soldiers put up a desperate fight. For 4 months, they struggled, S. Con. Res. 1. Concurrent resolution to Smith, and all of their fellow Code provide for the counting on January 4, 2013, Talkers accomplished. they valiantly fought, against impos- of the electoral votes for President and Vice Their service is all the more poignant sible odds, and without hope of resup- President of the United States. in that they fought for freedom in a ply, until they finally surrendered. S. Con. Res. 2. Concurrent resolution ex- world that did not always accord free- Their suffering was only just begin- tending the life of the Joint Congressional dom to them. When America entered ning. The brutal Bataan Death March Committee on Inaugural Ceremonies. World War II, the U.S. government had was followed by terrible conditions in S. Con. Res. 3. Concurrent resolution pro- viding for a conditional adjournment or re- only recognized Native Americans as Japanese prisons and work camps. Starvation. Torture. Forced work. And, cess of the Senate and an adjournment of the citizens for 17 years. In some places, House of Representatives. tribal members still did not have the for so many of these brave men, death. The message also announced that the right to vote. 45,000 of the 350,000 Na- By the time they were rescued, toward House has agreed to the following con- tive Americans in the U.S. at that time the end of the war, half of New Mexi- current resolution, in which it requests served in the war. This tradition of co’s 1,800 soldiers serving in Bataan the concurrence of the Senate: military service by Native Americans had died. Another 300 would die from continues to this day. Native Ameri- complications related to their cap- H. Con. Res. 1. Concurrent resolution re- cans have the highest rate of service of tivity within a year of returning to the garding consent to assemble outside the seat of government. any ethnic group. U.S. Mr. Wallace was held captive for Mr. Smith was awarded the Congres- more than 3 horrific years. The message further announced that sional Silver Medal. After the war, Virgil Wallace was awarded the pursuant to 15 U.S.C. 1024(a), and the Code Talker Smith returned home and Bronze Star and numerous other com- order of the House of January 3, 2013, dedicated himself to his family and mendations for his heroic service. After the Speaker appoints the following community. He worked at Fort the war, he returned to New Mexico, Members of the House of Representa- Wingate in disposing of old ammuni- where he worked for the Department of tives to the Joint Economic Com- tion, and then as a mechanic at Fort Transportation and later Carrie mittee: Mr. BRADY of Texas and Mrs. Wingate Trading Post. Eventually, he Tingley Hospital in Truth or Con- MALONEY of New York. went to Fort Defiance, where he served sequences. f as a shop foreman. He later worked as Our Nation will long remember this a heavy equipment mechanic in courageous soldier, a man who gave so TO TEMPORARILY INCREASE Shiprock. much in service to his country. Mr. FEMA BORROWING AUTHORITY Code Talker George Smith was Wallace is one of the last of a leg- Mr. REID. Mr. President, I ask unan- blessed with a long life. When he passed endary band of brothers, who rep- imous consent that the Senate proceed

VerDate Mar 15 2010 00:31 Jan 05, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.004 S04JAPT1 jbell on DSK7SPTVN1PROD with S24 CONGRESSIONAL RECORD — SENATE January 4, 2013 to the consideration H.R. 41, which was 2013, for the Joint Session of the Inau- SHERI POLSTER CHAPPELL, OF FLORIDA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- received from the House and is at the gural Ceremonies, and that upon con- TRICT OF FLORIDA, VICE GREGORY A. PRESNELL, RE- desk. clusion of the joint session, the Senate TIRED. PAMELA KI MAI CHEN, OF NEW YORK, TO BE UNITED The PRESIDING OFFICER. The recess until 10 a.m. on Tuesday, Janu- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT clerk will report the bill by title. ary 22, 2013; that following the prayer OF NEW YORK, VICE RAYMOND J. DEARIE, RETIRED. BRIAN J. DAVIS, OF FLORIDA, TO BE UNITED STATES The assistant legislative clerk read and pledge, the Journal of proceedings DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLOR- as follows: be approved to date and the time for IDA, VICE RICHARD A. LAZZARA, RETIRED. SHELLY DECKERT DICK, OF LOUISIANA, TO BE UNITED A bill (H.R. 41) to temporarily increase the the two leaders be reserved for their STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF borrowing authority of the Federal Emer- use later in the day; that following any LOUISIANA, VICE RALPH E. TYSON, DECEASED. gency Management Agency for carrying out JENNIFER A. DORSEY, OF NEVADA, TO BE UNITED leader remarks, the Senate be in a pe- STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- the National Flood Insurance Program. riod of morning business for debate VADA, VICE LARRY R. HICKS, RETIRED. There being no objection, the Senate only until 12:30 p.m., with Senators KATHERINE POLK FAILLA, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN proceeded to consider the bill. permitted to speak therein for up to 10 DISTRICT OF NEW YORK, VICE DENISE COTE, RETIRED. Mr. REID. Mr. President, this is a minutes each; and that the Senate re- KENNETH JOHN GONZALES, OF NEW MEXICO, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF small part of what we have needed to cess from 12:30 p.m. to 2:15 p.m. to NEW MEXICO, VICE BRUCE D. BLACK, RETIRED. do for the people of New York and New allow for the weekly caucus meetings. ANDREW PATRICK GORDON, OF NEVADA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- Jersey. The PRESIDING OFFICER. Without VADA, VICE KENT J. DAWSON, RETIRED. I ask unanimous consent that the bill objection, it is so ordered. , OF MARYLAND, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF be read a third time and the Senate f COLUMBIA, VICE HENRY HAROLD KENNEDY, RETIRED. proceed to a vote on passage of this ROSEMARY MARQUEZ, OF ARIZONA, TO BE UNITED legislation. ADJOURNMENT UNTIL MONDAY, STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- JANUARY 21, 2013, AT 11:30 A.M. ZONA, VICE FRANK R. ZAPATA, RETIRED. The PRESIDING OFFICER. Without MICHAEL J. MCSHANE, OF OREGON, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON, objection, it is so ordered. Mr. REID. Mr. President, if there is VICE MICHAEL R. HOGAN, RETIRED. The bill was ordered to a third read- no further business to come before the RAYMOND P. MOORE, OF COLORADO, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLO- ing and was read the third time. Senate, I ask unanimous consent that RADO, VICE WILEY Y. DANIEL, RETIRING. The PRESIDING OFFICER. If there the Senate recess under the previous TROY L. NUNLEY, OF CALIFORNIA, TO BE UNITED order. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT is no further debate, the bill having OF CALIFORNIA, VICE GARLAND E. BURRELL, JR., RE- been read the third time, the question There being no objection, the Senate, TIRED. at 2:11 p.m., adjourned until Monday, BEVERLY REID O’CONNELL, OF CALIFORNIA, TO BE is, Shall the bill pass? UNITED STATES DISTRICT JUDGE FOR THE CENTRAL The bill (H.R. 41) was passed. January 21, 2013, at 11:30 a.m. DISTRICT OF CALIFORNIA, VICE VALERIE L. BAKER, RE- TIRED. Mr. REID. Mr. President, I ask unan- f WILLIAM H. ORRICK, III, OF THE DISTRICT OF COLUM- imous consent that the motion to re- BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NOMINATIONS consider be laid upon the table with no NORTHERN DISTRICT OF CALIFORNIA, VICE CHARLES R. BREYER, RETIRED. intervening action or debate. Executive nominations received by NITZA I. QUINONES ALEJANDRO, OF PENNSYLVANIA, The PRESIDING OFFICER. Without the Senate: TO BE UNITED STATES DISTRICT JUDGE FOR THE EAST- ERN DISTRICT OF PENNSYLVANIA, VICE RICHARD BAR- objection, it is so ordered. THE JUDICIARY CLAY SURRICK, RETIRED. , OF PENNSYLVANIA, TO BE ROBERT E. BACHARACH, OF OKLAHOMA, TO BE UNITED f UNITED STATES DISTRICT JUDGE FOR THE EASTERN STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE DISTRICT OF PENNSYLVANIA, VICE ANITA B. BRODY, RE- SIGNING AUTHORITY ROBERT HARLAN HENRY, RESIGNED. CAITLIN JOAN HALLIGAN, OF NEW YORK, TO BE UNITED TIRED. NELSON STEPHEN ROMAN, OF NEW YORK, TO BE Mr. REID. Mr. President, I ask unan- STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- BIA CIRCUIT, VICE JOHN G. ROBERTS, JR., ELEVATED. UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN imous consent that from Friday, Janu- WILLIAM J. KAYATTA, JR., OF MAINE, TO BE UNITED DISTRICT OF NEW YORK, VICE RICHARD M. BERMAN, RE- ary 4, through Monday, January 21, the STATES CIRCUIT JUDGE FOR THE FIRST CIRCUIT, VICE TIRED. , RETIRED. JEFFREY L. SCHMEHL, OF PENNSYLVANIA, TO BE majority leader be authorized to sign JILL A. PRYOR, OF GEORGIA, TO BE UNITED STATES UNITED STATES DISTRICT JUDGE FOR THE EASTERN duly enrolled bills or joint resolutions. CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, VICE DISTRICT OF PENNSYLVANIA, VICE THOMAS M. GOLDEN, STANLEY F. BIRCH, JR., RETIRED. DECEASED. The PRESIDING OFFICER. Without PATTY SHWARTZ, OF NEW JERSEY, TO BE UNITED WILLIAM L. THOMAS, OF FLORIDA, TO BE UNITED objection, it is so ordered. STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT, VICE STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT , RETIRED. OF FLORIDA, VICE ADALBERTO JOSE JORDAN, ELE- f SRIKANTH SRINIVASAN, OF VIRGINIA, TO BE UNITED VATED. STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- ANALISA TORRES, OF NEW YORK, TO BE UNITED ORDERS FOR MONDAY, JANUARY BIA CIRCUIT, VICE A. RAYMOND RANDOLPH, RETIRED. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT RICHARD GARY TARANTO, OF MARYLAND, TO BE OF NEW YORK, VICE NAOMI REICE BUCHWALD, RETIRED. 21, 2013 UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIR- DERRICK KAHALA WATSON, OF HAWAII, TO BE UNITED CUIT, VICE PAUL R. MICHEL, RETIRED. STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII, Mr. REID. Mr. President, I ask unan- ELISSA F. CADISH, OF NEVADA, TO BE UNITED STATES VICE DAVID A. EZRA, RETIRED. imous consent that when the Senate DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE MARK A. BARNETT, OF VIRGINIA, TO BE A JUDGE OF PHILIP M. PRO, RETIRED. THE UNITED STATES COURT OF INTERNATIONAL TRADE, completes its business today, it recess VALERIE E. CAPRONI, OF THE DISTRICT OF COLUMBIA, VICE JUDITH M. BARZILAY, RETIRED. under the provisions of S. Con. Res. 3 TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTH- CLAIRE R. KELLY, OF NEW YORK, TO BE A JUDGE OF ERN DISTRICT OF NEW YORK, VICE RICHARD J. THE UNITED STATES COURT OF INTERNATIONAL TRADE, until 11:30 a.m. on Monday, January 21, HOLWELL, RESIGNED. VICE EVAN J. WALLACH, ELEVATED.

VerDate Mar 15 2010 00:31 Jan 05, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 9801 E:\CR\FM\G04JA6.007 S04JAPT1 jbell on DSK7SPTVN1PROD with